History of the Supreme Court of North Carolina

HISTORYOF THE SUPREMECOURT OF NORTHCAROLINA FROMJANUARY I, 1919, UNTILJANUARY I, 1969

The History of the Supreme Court of North Carolina covering the first century of its existence from January 1, 1819, until January 1, 1919, was written by Chief Justice Walter Clark and published in Volume 177 of t,he North Carolina Xzip?-sme Court Reports, beginning at page 617. On January 1, 1919, the members of the Supreme Court were Chief Justice Walter Clark and Associate Justices Platt D. Walker, George H. Brown, William A. Hoke and William R. Allen. Associate Justice George H. Brown announced early in 1920 that he would not be a candidate to succeed himself but would retire at the end of his term, December 31, 1920. He was succeeded by Walter P. Stacy, who was nominated and elected to the eight year term which began on January 1, 1921. Justice Brown died in Washington, North Carolina, March 16, 1926. Associate Justice William R. Allen died in Goldsboro on Sep- tember 8, 1921. Governor Morrison appointed Judge William J. Adams as Justice Allen's successor. Associate Justice Platt D. Walker died in Raleigh on May 22, 1923, and Governor Morrison appointed the Honorable Heriot Clark- son as his successor. Chief Justice Walter Clark died in Raleigh on the 19th day of May, 1924, and Governor Morrison appointed Associate Justice William A. Hoke Chief Justice and Judge George W. Connor to succeed Justice Hoke as Associate Justice. Upon the retirement of Chief Justice Hoke on March 16, 1925, Governor McLean appointed Associate Justice Stacy Chief Justice and the Honorable L. R. Varser as Associate Justice to succeed Justice Stacy. Chief Justice Hoke died in Raleigh on September 13, 1925. Walter Parker Stacy was born in Ansonville, North Carolina, December 26, 1884. He was graduated at the University of North Carolina in 1908. He studied law at the Law School of the Univer- sity and was admitted to the bar in 1909. Locating in Wilmington, North Carolina, in 1910, Stacy began the practice of law with the Honorable Graham Kenan under the firm name of Kenan and 612 HISTORY OF THE SUPREME COURT [274

Stacy. He was elected Representative from New Hanover County to the General Assembly of 1915. He made such a favorable im- pression as a member of the General Assembly that Governor Craig appointed him resident Judge of the Eighth Judicial District on No- vember 30, 1915, as successor to Judge Rountree who had resigned. Judge Stacy assumed his duties on the bench on January 1, 1916, at the age of thirty-one. He was elected to the unexpired term of Judge Rountree in November, 1916. On February 14, 1920, Judge Stacy resigned as Judge of the Superior Court to resume the practice of law with his former law partner. However, his career as a private practitioner at the bar was of short duration. When Associate Justice George H. Brown announced in April, 1920, that he would not be a candidate to succeed himself, Judge 0. H. Guion, resident Judge of the Eighth Judicial District; Judge William J. Adams, resident Judge of the Thirteenth Judicial District; Judge Benjamin F. Long, resident Judge of the Fifteenth Judicial District; Dean N. Y. Gulley of the Wake Forest Law School; the Honorable N. J. Rouse of Kinston, North Carolina, and Judge Stacy became candidates in the Democratic primary in June, 1920, for the nomination of Associate Justice of the Supreme Court. Judge Stacy received the highest vote in the June primary and Judge Long t,he second highest vote. In the second primary, Judge Stacy was nominated and in November was elected to a full eight year term, beginning January 1, 1921. Upon the retirement of Chief Justice Hoke on March 16, 1925, Governor McLean appointed Justice Stacy Chief Justice. In 1926, in 1934, in 1942 and again in 1950, he was nominated without oppo- sition in the primary and elected Chief Justice for eight year terms. Judge Stacy did not confine his services and activities solely to his work as Associate Justice or as Chief Justice of the Supreme Court. He lectured during the summers of 1922-1925, inclusive, at the Law School of the University of North Carolina and was tend- ered, but declined, the deanship of the school in 1923. He lectured at Northwestern University School of Law in the summers of 1926 and 1927. He was called upon to assist in the settlement of many controversies between management and labor while he was Chief Justice of the Supreme Court. He was named by the United States Board of Mediation, under the Railway Labor Act, as neutral arbitrator to serve on the Board of Arbitration, later elected chairman of the board, to settle a wage controversy between the Broth- erhood of Locomotive Engineers and certain railroads in the South- eastern Territory of the United States in 1927 and 1928. In 1928 President Coolidge appointed Chief Justice Stacy a K.C.1 HISTORY OF THE SUPREME COURT 613

member of the Emergency Board, under ihe Railway Labor Act, to investigate and report respecting a dispute between officers and members of the Order of Railway Conductors and the Brotherhood of Railway Trainmen and certain railroads west of the Mississippi River. The U. S. Board of Mediation appointed him in January, 1931, to serve as neutral arbitrator in a controversy between the Brotherhood of Railway Trainmen and the New York Central, the "Big Four" and the P. & L. E. Railroads. And again in November, 1931, he served as neutral arbitrator between the Brotherhood of Railway and Steamship Clerks and the Railway Express Agency. In 1932 President Hoover appointed him a member of the Emer- gency Board of three, which board elected him chairman, to investigate and report concerning a number of disputes existing between the L. & A. and L. A. & T. Railroads and certain of their employees. The U. S. Board of Mediation appointed him in 1933 to serve as neutral arbitrator in several controversies between the Boston & Maine Railroad and certain of its employees. Also in 1933 Chief Justice Stacy was appointed by the President as member of a board to investigate a labor dispute involving the Texas & New Orleans Railroad, and in 1934 to investigate a labor dispute involving the Delaware & Hudson Railroad. President Roosevelt appointed him chairman of the National Steel & Textile Labor Rela- tions Board in 1934. In 1938, the President appointed him chairman of an Emergency Board of three tjo investigate and report on a threatened strike of railroad employees due to a wage reduction controversy on Class I railroads. He was again appointed by the President as an alternate member of the National Defense Media- tion Board in 1941 and also a member of the National War Labor Board. He was appointed by President Roosevelt in 1942 as a member of the National Railway Labor Panel. Again, in 1944, President Roosevelt appointed him chairman of the President's Committee on Racial Discrimination in Railroad Employment. President Truman appointed him chairman of the President's National Labor Man- agement Conference in 1945. Thus, it is apparent that Chief Justice Stacy gave much of his time and talent over many years, at the request of four Presidents of the United States, in an effort to settle controversies between labor and management, controversies which were of such magnitude that the national interest required their prompt settlement. However, it was in his position as Chief Justice that he rendered his most effective service to the people of his State. Chief Justice Stacy was a member of the Court for more than thirty years and was Chief Justice for twenty-six and a half years. He died in Ra- leigh September 13, 1951. 614 HISTORY OF THE SUPREME COURT [274

William Jackson Adams was born at Rockingham, in Richmond County, North Carolina, January 27, 1860. In 1877 he entered Trin- ity College, which was then located in Randolph County. Adams remained a student at that institution, now Duke University, until the close of the fall term of 1878. In January, 1879, he transferred to the University of North Carolina where he graduated in 1881. He studied law at the University's School of Law and was admitted to the bar in 1883, beginning his practice immediately thereafter at Carthage, North Carolina. He was a member of the House of Rep- resentatives of the General Assembly of North Carolina in 1893 and a member of the State Senate in 1895. Governor Glenn appointed him resident Judge of the Thirteenth Judicial District in December, 1908, to succeed Judge Walter H. Neal, resigned. Judge Adams was elected to a full term of eight years in November, 1910, and was re-elected in 1918. On September 19, 1921, Governor Mor- rison appointed him Associate Justice of the Supreme Court to succeed Justice William R. Allen, deceased. In November, 1922, Justice Adams was elected to the unexpired term of Justice Allen. In No- vember, 1926, he was elected for a full term of eight years. He died May 20, 1934. Heriot Clarkson was born at Kingville, in Richland County, South Carolina, August 21, 1863. His family moved to Charlotte, North Carolina, in 1873. He was educated at the Carolina Military Institute of Charlotte and studied law at the Law School of the Uni- versity of North Carolina. Clarkson was admitted to the bar in 1884 and opened his law office in Charlotte where he practiced for nearly forty years. In 1898 he was elected to the House of Representatives of the General Assembly of North Carolina, the session which became known as the ('White Supremacy Legielature." He also served as Solicitor of the Twelfth Judicial District from 1904 until 1910. On May 26, 1923, Governor Morrison appointed him Associate Justice of the Supreme Court to fill the vacancy created by the death of Justice Walker. In 1924 Clarkson was elected to serve out the unexpired term of Justice Walker; in November, 1926, he was elected for an eight year term and m-as re-elected in 1934. He died in Charlotte on January 27, 1942. George Whitfield Connor was born October 24, 1872, at Wilson, Korth Carolina. He was the son of Henry Groves Connor, who served as Associate Justice of the Supreme Court of North Carolina from January 1, 1903, until June 1, 1909, when he was appointed United States District Judge for the Eastern District of North Carolina by President Taft. George TV. Connor graduated at the University of North Carolina in 1892. Immediately after his graduation at the age of nineteen, he was elected principal of the Goldsboro Graded N.C. [ HISTORY OF THE SUPREME COURT 615

School. Two years later lie was elected Superintendent of the Wilson Schools, a position he held for three and one-half years, resigning to become a partner in the mercantile firm of Hadley-Harris & Com- pany. Connor served for five years as Chairman of the Wilson County Board of Education. He worked by day and studied law at night and was admitted to the bar in 1899. He represented Wilson County in the General Assembly of North Carolina for three successive terms, 1909, 1911 and 1913. He was Speaker of the House in 1913. On March 20, 1913, Governor Craig appointed him resident Judge of the Second Judicial District, a position he held until June 17, 1924, when Governor Morrison appointed him Associate Justice of the Supreme Court to succeed Justice Hoke who had been appointed Chief Justice upon the death of Chief Justice Clark. Connor was elected in November, 1924, to fill out the unexpired term of Justice Hoke and was re-elected for full terms of eight years in November, 1928 and 1936. He died in Raleigh April 23, 1938. Lycurgus Rayner Varser was born in Gates County, North Car- olina, August 13, 1878. He graduated at Wake Forest College in 1899, studied law at the Wake Forest Law School and was admitted to the bar in 1901. He practiced law in Kin~ton,North Carolina, for ten years before moving to Lumberton in 1911. An able and out- standing member of the bar, Varser represented clients in many counties of the State. He was elected to the State Senate in 1920 and 1922. Governor McLean appointed him Associate Justice of the Supreme Court on March 17, 1925, to fill out the vacancy created by the elevation of Justice Stacy to the office of Chief Justice. Justice Varser resigned on December 31, 1925, and returned to the private practice of law in Lumberton. He died in Lumberton Oc- tober 19, 1959. Willis James Brogden was born near Goldsboro, North Carolina, October 18, 1877. He was graduated at the University of North Carolina in 1898 and studied law at Trinity College, now Duke University, and at the School of Law of the University of North Carolina. He was admitted to the bar in 1907. Brogden practiced law in Durham and served as Mayor of that city from 1911 until 1915. Governor McLean appointed him Associate Justice of the Su- preme Court on January 1, 1926, to succeed Justice Varser, resigned. He was elected to the unexpired term of Justice Stacy in November, 1926, and for a full term of eight years in November, 1928. He died in Durham October 29, 1935. Michael Schenck was born at Lincolnton, North Carolina, De- cember ll, 1876. He was educated in the public schools of Greens- boro, North Carolina, Oak Ridge Institute, the University of North Carolina and the Law School of the University. He was admitted to 616 HISTORY OF THE SUPREME COURT [274

the bar in 1903. From 1913 until 1918, he served as Solicitor of the Eighteenth Judicial District. In 1918 he was appointed a Major in the United States Army and assigned to duty in the office of the Judge Advocate General's Department where he served during 1918 and 1919. Schenck seived as resident Judge of the Eighteenth Ju- dicial District from 1924 until 1934. On May 23, 1934, Governor Ehringhaus appointed him Associate Justice of the Supreme Court to succeed the late Justice Adams. Ile was elected in November, 1934, for a full eight year term and re-elected in 1942. He retired in January, 1948, and died in Raleigh November 6, 1948. William Agustus Devin was born in Granville County, North Carolina, July 12, 1871. He was educated at Horner Military School, Wake Forest College and the Law School of the University of North Carolina. He was admitted to the bar in 1898 and practiced law in Oxford, North Carolina. Devin was a Repre~entativein the General Assembly from Granville County in 1911 and 1913. He served as resident Judge of the Tenth Judicial District from 1913 until 1935. On November 1, 1935, Governor Ehringhaus appointed him Asso- ciate Justice of the Supreme Court to succeed the late Justice Brog- den. He was elected for an eight year term in November, 1936, and re-elected in November, 1944. Upon the death of Chief Justice Stacy, Governor Scott appointed him Chief Justice on September 17, 1951. He was elected to fill out the unexpired term of Chief Justice Stacy which began on January 1, 1951. Chief Justice Devin retired on January 30, 1954. He returned to his home in Oxford where he died February 18, 1959. Maurice Victor Barnhill was born in Halifax County, North Carolina, December 5, 1887. He was educated in the public schools of Halifax County, Enfield Graded School, Elm City Academy and the University of North Carolina Law School. He was admitted to the bar in 1909 and practiced law in Rocky Mount, North Carolina. A Representative from Nash County in the General Assembly of 1921, he was appointed resident Judge of the Second Judicial Dis- trict in June, 1924, and continued to serve in that capacity until June 30, 1937. When the membership of the Supreme Court was increased from five to seven, effective from and after July 1, 1937, Governor Hoey appointed Judge Barnhill an Associate Justice of the Supreme Court and he took the oath of office and entered upon his duties as a member of the Court on July 1, 1937. He was elected for an eight year term in November, 1938, and re-elected in 1946. Upon the retirement of Chief Justice Devin, Governor Umstead appointed him Chief Justice on February 1, 1954. In November, 1954, he was elected to fill out the unexpired term to which Chief Justice Devin had been elected. Chief Justice Barnhill, by reason of a N.C. J HISTORY OF THE SUPREAIE COURT 617

serious asthmatic condition, retired August 21, 1956. He died in Ra- leigh on October 12, 1963. John Wallace Winborne was born in Chowan County, North Carolina, July 12, 1884. He graduated at the University of North Carolina and studied law at the University's Law School, being admitted to the bar in 1906. Winborne located in Marion, North Car- olina, and became a member of the leading law firm in McDowell County, a firm which practiced for many years under the name of Pless, Winborne, Pless and Proct'or. When the membership of the Supreme Court was increased from five to seven, effective from and after July 1, 1937, Governor Hoey appointed Winborne an Associate Justice. He was eIected for an eight year term in November, 1938, and re-elected in November, 1946 and 1954. He was appointed Chief Justice by Governor Hodges upon the retirement of Chief Justice Barnhill, August 21, 1956. He was elected in November, 1956, to fill out the term expiring December 31, 1958. In November, 1958, Chief Justice Winborne was elected to a full term of eight years. He retired March 8, 1962, and returned to his home in Marion, where he died July 9, 1966. Aaron Ashley Flowers Seawell was born in that part of Moore County, near Jonesboro, which is now Lee County, North Carolina, October 30, 1864. He graduated at the University of North Carolina in 1889 and studied law at the Law School of the University. He was admitted to the bar in 1892. A Representative in the General As- sembly in 1901, 1913, 1915 and 1931, Seawell also served as a member of the State Senate in 1907 and 1925. He was appointed Assist- ant Attorney General in 1931; and Governor Ehringhaus elevated him to Attorney General January 16, 1935, to succeed Attorney General Dennis G. Brummitt, deceased. He was elected to a four year term in November, 1936. Governor Hoey, on April 30, 1938; appointed him Associate Justice of the Supreme Court to succeed Associate Justice George W. Connor, deceased. He was elected in November, 1938, for the unexpired term, ending December 31, 1944. In November, 1944, Justice Seawell was elected to a full eight year term. He died in Durham, North Carolina, October 14, 1950, just 16 days before his 86th birthday. Emery Byrd Denny was born in Surry County, North Carolina, November 23, 1892. He was reared on a farm located about three miles southwest of the town of Pilot Mountain. He attended the public schools of Surry County and was graduated in 1913 from the Business Department and in 1914 from the Academic Department of Gilliam's Academy, a preparatory school in Alamance County. Lacking funds to continue his education, lie obtained a job as a bookkeeper and continued in that capacity until September, 1916, 618 HISTORY OF THE SUPREME COURT [274

at which time he entered the Law School of the University of North Carolina and remained a student there ~mtilDecember, 1917, when he joined the aviation section of the Signal Corps in the United States Army in World War I. He served in the Armed Forces until May, 1919. In June he returned to the University to resume his law studies and was admitted to the bar in August, 1919. After his ad- mission to the bar, he located in Gastonia, North Carolina, where he practiced law until February, 1942. In the meantime, he was elected Mayor of Gastonia for four successive terms and served as County Attorney for Gaston County for fifteen years. He also served as Legislative Counsel to Governor Broughton during the General Assembly of 1941. On January 29, 1942, Governor Brough- ton appointed him Associate Justice of the Supreme Court to succeed the late Justice Clarkson. Denny took the oath of office and entered upon his duties as a member of the Court on February 3, 1942. In November, 1942, he was elected to serve out the unexpired term of Justice Clarkson and also for an eight year term. He was re-elected in 1950 and 1958. Governor Sanford appointed him Chief Justice on March 9, 1962, to succeed Chief Justice Winborne, retired. In November, 1962, he was elected to serve out the unexpired term of Chief Justice Winborne. Chief Justice Denny retired on February 5, 1966, and qualified as an Emergency Justice of the Su- preme Court, which position he still holds. He continues to reside in Raleigh. Sam James Ervin, Jr., was born at Morganton, North Carolina, September 27, 1896. He graduated at the University of North Car- olina, studied law at the Law School of the University at Chapel Hill and was admitted to the bar in 1919. He entered the Law School of Harvard University in the fall of 1919 and graduated therefrom in 1922. Ervin served in France with the First Division for 18 months during World War I; he was twice wounded in battle, twice cited for gallantry in battle and awarded the French Four- agere, the Purple Heart with an Oakleaf Cluster, the Silver Star, and the Distinguished Service Cross. He returned to illorganton in 1922 and joined his father's law firm where he engaged in the general practice of law for many years. He was a Representative from Burke County in the General Assembly in 1923, 1925 and in 1931. He was a Special Superior Court Judge from 1937 until 1943 when he resigned to resume the practice of law. His brother, Joseph W. Ervin, was elected to the 77th Congress of the United States in November, 1944, from the Tenth North Carolina Congressional District. Upon his death on December 25, 1945, Judge Ervin was elected to fill the vacancy and served as a member of the House of Representatives in the 77th Congress from January 22, 1946, until January 3, 1947. He was not a candidate to succeed himself but re- N.C.] HISTORY OF THE SUPREME COURT 619 turned to his law practice in Morganton. Governor Cherry appointed him Associate Justice of the Supreme Court and he entered upon his duties with the Court on February 3, 1948, as successor to Justice Schenck, retired. He was elected in November, 1948, to the unexpired term of Justice Schenck and re-elected in November, 1950, for a full term of eight years. On June 5, 1954, Justice Ervin resigned from the Supreme Court to accept an appointment by Gov- ernor Umstead to the United States Senate, where he continues to serve with distinction and is considered one of its leading members. Murray Gibson James was born in Pender County, North Car- olina, November 5, 1892. He graduated from North Carolina State College in 1918 and attended grad-uate school of the University of North Carolina in 1921. Having studied law under a private tutor, he was admitted to the bar in 1924. He attended the Fourth Officers Training School at Camp Sevier, Greenville, South Carolina, which was transferred to the Central Infantry Officers Training School at Camp Gordon, Georgia, where he graduated August 26, 1918, and was commissioned a second lieutenant of infantry in the United States Amy. On January 13, 1919, at Camp Grant, Illinois, he was discharged from the service, but was commissioned in the Reserve Corps, from which he resigned in 1925. Appointed by Governor Scott as Associate Justice of the Supreme Court to fill the vacancy created by the death of Justice Seawell, James took his oath of office and became a member of the Court on October 20, 1950. The Honorable Jeff. D. Johnson, Jr., was nominated for the unexpired term of Justice Seawell by the State Democratic Executive Committee and was elected thereto in November, 1950. Judge Johnson took his oath of office and became a member of the Court on November 29, 1950. Justice James returned to his law practice in Wilmington, North Carolina. He died in Wilmington on ApriI 18, 1968. Jefferson Deems Johnson, Jr., was born in Garland, North Car- olina, June 6, 1900. He graduated from Trinity College, now Duke University, and from what is now Duke University Law School. Having been admitted to the bar in 1926, Johnson opened his law office in Clinton, North Carolina. He was a member of the State Senate in 1937 and in 1941. Appointed a Special Superior Court Judge in 1941 by Governor Broughton, he continued to serve in that capacity until June, 1945, when he returned to his law practice in Clinton. Johnson was nominated by the State Democratic Executive Committee and elected in November, 1950, to fill out the unexpired term of Justice Seawell, deceased, as Associate Justice of the Su- preme Court. He was re-elected in November, 1952, for an eight year term. He retired because of ill health on January 31, 1959, Justice Johnson died in Raleigh June 19, 1960. 620 HISTORY OF THE SUPREME COURT 1274

Itimous Thaddeus Valentine was born near Spring Hope, Nash County, North Carolina, November 14, 1887. He attended the public schools of Nash County and was a student at Mars Hill College for two years. He studied law privately and at the Law School of Wake Forest College, being admitted to the bar in 1915. In the fall of 1915 he entered Guilford College and graduated there in 1917. Valentine had a distinguished career as a soldier in World War I. After the close of World War I, he opened his law office in Spring Hope, later moving to Nashville, North Carolina, the County seat. In World War I1 he was a Colonel in the United States Army, serving in the Judge Advocate General's Department from 1943 until 1947. He was appointed Associate Justice of the Supreme Court by Governor Scott on September 17, 1951, as successor to Justice Devin who had been appointed Chief Justice upon the death of Chief Justice Stacy. He was defeated in the Democratic Primary in 1952 by Judge R. Hunt Parker for the unexpired tern1 of Justice Devin and for the eight year term, beginning January 1, 1953. Judge Parker was elected in November, 1952, and assumed his duties as a member of the Court on November 25, 1952. Justice Valentine returned to the practice of law in Nashville where he practices with his son, the Honor- able Itimous T. Valentine, Jr. Robert Hunt Parker was born in Enfield, North Carolina, Feb- ruary 15, 1892. He attended the University of North Carolina for three years and graduated at the University of Virginia in 1912 and from the University of Virginia Law School in 1915. He also attended the Wake Forest Law School in the summer of 1914 and was admitteq to the bar in 1914. Parker served for nearly 17 months as a Field Artillery officer in France during World War I. He was the Representative from Halifax County in the General Assembly in 1923. He served as Solicitor of the Third Judicial District from February 23, 1924, until September 24, 1932 when he was unani- mously nominated by the Judicial District Executive Committee to fill the unexpired term of Judge Garland E. Midyette, deceased. He was appointed by Governor Gardner to fill Judge Midyette's unexpired term until the election. He was elected to fill the unexpired term in November, 1932. He was nominated and elected without op- position in 1934, 1942, and 1950. In 1952 Parker was nominated in a contested Democratic primary for Associate Justice of the Supreme Court to fill out the unexpired term of Justice Devin who had been appointed Chief Justice upon the death of Chief Justice Stacy. He was also elected for an eight year term beginning on January 1, 1953, and was re-elected in 1960. On February 5, 1966, Governor Moore appointed him Chief Justice to succeed Chief Justice Denny, retired. In November, 1966, Chief Justice Parker was elected to a full eight year term. N.C.3 HISTORY OF THE SUPREME COURT 62 1

William Haywood Bobbitt was born in Raleigh, North Carolina, October 18, 1900. He was graduated at the University of North Car- olina in 1921 and studied law at the University's School of Law. From the time he was admitted to the bar in January, 1922, until December 31, 1938, he practiced law in Charlotte, North Carolina. Having been associated with the firm of Stewart & McRae until September 1, 1922, he then became a member of the firm of Parker, Stewart, McRae & Bobbitt from September 1, 1922 until October 1, 1925. A member of the firm of Stewart, McRae & Bobbitt from October 1, 1925, until October 1, 1930, Bobbitt, on October 1, 1930, became a member of the firm of Stewart & Bobbitt and continued as a member of this firm until December 31, 1938. Having been elected resident Judge of the Fourteenth Judicial District in No- vember, 1938, and re-elected in 1946, he continued to serve in this capacity until he was appointed Associate Justice of the Supreme Court by Governor Umstead. He took the oath of office and entered upon his duties as a member of the Court on February 1, 1954, as successor to Justice Barnhill who had been appointed Chief Justice upon the retirement of Chief Justice Devin. He was elected in No- vember, 1964, to the unexpired term of Associate Justice Barnhill and also for an eight year tern1 which l~eganon January 1, 1955. Justice Bobbitt was re-elected in November, 1962, and is now the senior Associate Justice of the Supreme Court. Carlisle Wallace Higgins was born at Ennice in Alleghany County, North Carolina, October 17, 1889. He was graduated at the University of North Carolina in 1912 and studied law at the Uni- versity of North Carolina School of Law. He was admitted to the bar in 1914. Higgins practiced law in Sparta, North Carolina, for twenty years, thirteen of which were with the Honorable Rufus A. Doughton, a former Speaker of the House of Representatives, Lieu- tenant Governor, Commissioner of Revenue and Chairman of the State Highway Commission. Higgins was the Representative from Alleghany County in the General Assembly of 1925 and a member of the State Senate from the Twenty-Xinth Senatorial District in the General Assembly of 1929. He was Solicitor of the Eleventh Judicial District from 1930 to 1934. Having been appointed United States Attorney for the Middle District of North Carolina, he moved to Greensboro, North Carolina, July 1, 1934, and served in that capacity until 1945. From 1945 until 1947, he was Assistant Chief and Acting Chief of the InternationaI Prosecution Section of the International Military Tribunal, Tokyo, Japan. Upon the com- pletion of his duties with the International Military TribunaI, he resumed the practice of law in June, 1947, in Winston-Salem, North Carolina. Governor Umstead appointed Higgins Associate Justice 622 HISTORY OF THE SUPREME COURT [274 of the Supreme Court on June 8, 1954, to succeed Associate Justice Ervin, resigned. In November, 1954, he was elected to the unexpired term of Justive Ervin. He was re-elected in November, 1958, and in 1966 to full eight year terms. William Blount Rodman, Jr., was born in Washington, North Carolina, July 2, 1889. He is the grandson of William B. Rodman who served as Associate Justice of the Supreme Court from January 1, 1869, until December 31, 1878. He was graduated at the Univer- sity of North Carolina in 1910, studied law at the University of North Carolina School of Law and was admitted to the bar in 1911. He practiced law in Washington, North Carolina. Rodman served as a Lieutenant in the United States Navy in World War I. In 1919- 1920 he was Mayor of Washington, North Carolina. A State Sen- ator from the Second Senatorial District in 1937 and 1939, he served as President of the North Carolina State Bar in 1941. He was also the Representative in the General Assembly from Beaufort County in 1951, 1953 and 1955. In July, 1955, Governor Hodges appointed Rodman Attorney General to succeed the late Harry McMullan. One year later, in August, 1956, Governor Hodges appointed him Associate Justice of the Supreme Court as successor to Justice Win- borne who had been appointed Chief Justice upon the retirement of Chief Justice Barnhill on August 21, 1956. He was elected to the unexpired term of Justice Winborne in November, 1956, and re- elected to a full eight year term in November, 1962. Justice Rod- man retired August 30, 1965, and qualified as an Emergency Justice of the Supreme Court, which position he still holds. Upon his retirement he returned to his home in Washington, North Carolina, where he now resides. Clifton Leonard Moore v~asborn in Burgaw, North Carolina, September 28, 1900. He graduated from the University of North Carolina in 1923 and from the Law School of George Washington University in 1927. He was admitted to the bar in 1927 and practiced law in Burgaw. Moore served as Solicitor of the Fifth Judicial District from 1943 until 1954. In 1954 he was appointed resident Judge of the Fifth Judicial District and continued to serve in that capacity until February 2, 1959, when Governor Hodges appointed him Associate Justice of the Supreme Court to succeed Justice Jefferson D. Johnson, Jr., retired, for the term ending December 31, 1960. He was elected in November, 1960, for a term of eight years. Justice Moore died July 12, 1966. Susie Marshall Sharp was born in Rocky Mount, North Car- olina, July 7, 1907. She attended North Carolina College for Wo- men, now the University of North Carolina at Greensboro, for two years, 1924-1926. She entered the Law School of the University of N.C.] HISTORY OF THE SUPREME COURT 623

North Carolina in the fall of 1926 and graduated therefrom in 1929. She was licensed to practice law in 1928. Immediately after her graduation, she entered her father's law office in Reidsville, North Carolina, and continued to practice law under the firm name of Sharp & Sharp until 1949. She served as City Attorney of Reidsville from 1939 until 1949. In 1949 Governor Scott appointed her a Spe- cial Superior Court Judge, a position she held for thirteen years. Judge Sharp was the first woman to serve as a Judge of the Su- perior Court in North Carolina and, up to this time, the only one. On March 14, 1962, Governor Sanford appointed her Associate Jus- tice of the Supreme Court to succeed Associate Justice Denny who had been appointed Chief Justice upon the retirement of Chief Justice Winborne. In November, 1962, she was elected to the unexpired term of Justice Denny and was re-elected in November, 1966, for a term of eight years. Since the writer was the first Chief Justice of the Supreme Court of North Carolina to preside over the sessions of the Court which numbered a woman among its members, he desires to make this observation. Justice Sharp is an unusually attractive and charming lady who was a successful practitioner at the bar, an abIe trial Judge, learned in the law; and as a member of the Suprerne Court, she is making the Court one of its most valuable members. Isaac Beverly Lake was born in Wake Forest, North Carolina, -4ugust 29, 1906. He graduated at Wake Forest College, now Wake Forest University, in 1925. He graduated at Harvard University Law School in 1929, having been admitted to the bar in 1928. Lake was granted the degree of Master of Laws by the Columbia Univer- sity School of Law in 1940 and the degree of Doctor of the Science of Law by this same institution in 1947. He was a member of the Faculty of the Law School of Wake Forest College for nineteen years. Assistant Attorney General of North Carolina from 1952 until 1955, Lake practiced law in Raleigh from 1955 until August, 1965. On August 30, 1965, he was appointed by Governor Moore an Associate Justice of the Supreme Court to ~ucceedAssociate Justice Rodman, retired. He was elected in November, 1966, to the unexpired term of Justice Rodman which expires December 31, 1970. James William Pless, Jr., was born in Brevard, North Carolina, July 1, 1898. He attended the University of North Carolina from 1913-1915 and Davidson College from 1915-1917. He also attended the Law School of the University in 1918-1919 and was admitted to the bar in 1919. Pless served in the Army of the United States in WorId War I. From 1919 until 1934, he was a member of his father's law firm, Pless, Winborne St Pless, later Pless, Winborne, Pless and Proctor, in Marion, North Carolina. This firm has furnished two 624 HISTORY OF THE SUPREME COURT [274

members of the Supreme Court, Chief Justice Winborne and Justice Pless. In 1924 Governor Morrison appointed him Solicitor of the Eighteenth Judicial District when he was only twenty-six years of age, which office he held until 1934 when Governor Ehringhaus appointed him resident Judge of the Eighteenth Judicial District. Pless continued to serve as resident Judge of this district until 1966, a period of thirty-two years. Judge Pless was appointed Associate Justice of the Supreme Court by Governor Moore on February 5, 1966, to succeed Associate Justice Parker who had been appointed Chief Justice upon the retirement of Chief Justice Denny. In November, 1966, he was elected to the unexpired term of Justice Parker. Justice Pless retired on February 5, 1968, and qualified as an Emergency Justice of the Court, a position he still holds. Upon his retirement, he returned to his home in Marion. Joseph Branch was born in Enfield, North Carolina, July 5, 1915. He attended Wake Forest College, now Wake Forest University, and graduated from the Wake Forest School of Law in 1938. He was admitted to the bar in 1937 and practiced law in Enfield. Branch served during World War I1 in the Armed Forces of the United States from 1943 until 1945. He was a Representative in the General Assembly of North Carolina from Halifax County in 1947, 1949, 1951 and 1953 and served as Legislative Counsel for Governor Hodges in 1957 and for Governor Moore in 1965. He was appointed by Governor Moore Associate Justice of the Supreme Court on July 21, 1966, to fill the vacancy occasioned by the death of Justice Clifton L. Moore. Justice Branch was elected in Novem- ber, 1966, to the unexpired term of Justice Moore and re-elected to an eight year term in November, 1968. John Frank Huskins was born in Burnsville, North Carolina, February 10, 1911. He was graduated at the University of North Carolina in 1930, studied law at the School of Law of the University and was admitted to the bar in 1932. He was twice elected Mayor of Burnsville; but during his second term, he resigned to accept a Commission in the United States Navy. He served in the Navy in World War I1 from July, 1942, until February, 1946. He is now a Lieutenant Commander in the United States Naval Reserve. Huskins represented Yancey County in the General Assembly in 1947 and 1949. On May 25, 1949, Governor Scott appointed him Chairman of the North Carolina Industrial Commission. He was reappoint,ed to that position by Governor Umstead on May 28, 1953. He resigned in January, 1955, to accept an appointment as a Special Superior Court Judge. In November, 1956, he was elected to a six year term as resident Judge of the newly created Twenty-fourth Judicial Dis- N.C.] HISTORY OF THE SUPREME COURT 625 trict, composed of the counties of Avery, Madison, Mitchell, Wa- tagua and Yancey. He was re-elected in November, 1962, for a full eight year term. Huskins was appointed by Chief Justice Denny as Director of the newly created Administrative Office of the Courts on July 1, 1965, and reappointed to that office by Chief Justice Parker in February, 1966. Governor Moore appointed him Associate Justice of the Supreme Court to succeed Justice Pless, retired. He took his oath of office and assumed his duties as a member of the Court on February 5, 1968. Justice Huskins was elected to a full eight year term in November, 1968. Our first State Constitution was adopted on December 18, 1776. However, a Supreme Court as contemplated by the Constitution of 1776 was not established by the General Assembly until forty-two years later in November, 1818. The Court was authorized to begin to function on January 1, 1819. It held its first session on January 5, 1819. The Supreme Court from its creation until the adoption of the Constitution of 1868 consisted of three members. These members were chosen for life by the General Assembly and the members of the Court elected one of t,heir number Chief Justice. During the above period, from 1819 until 1869, only thirteen men served on the Supreme Court. The Constitution of 1868 provided for a Chief Justice and four Associate Justices to be elected by the people for terms of eight years. The law provided that in the event of a vacancy on the Court, the Governor should fill the vacancy by appointment until the next general election. The Constitutional Convention of 1875 recommended a number of amendments to the Constitution and among them was one to re- duce the number of members of the Supreme Court to three on Jan- uary 1, 1879. The amendment was adopted, but there was a provision in the Constitution to the effect that no elected official could be removed from his office until the expiration of his term. There- fore, the five members of the Court who had been elected in 1876 could have remained on the Court until the expiration of their terms on December 31, 1884. However, according to Clark's History of the Court, Justice Reade ended his tenure on the Court by ac- cepting the presidency of the Raleigh National Bank on January 1, 1879, and Justice Rodman resigned on December 31, 1878, and returned to the private practice of law. Consequently, the Court began its work when the January Term, 1879 opened with only three members and continued with that number until December 31, 1888. The Constitution had been amended again to provide for a Chief 626 HISTORY OF THE SUPREME COURT [274

Justice and four Associate Justices. Pursuant to the amendment, Alphonso C. Avery and James E. Shepherd were elected Associate Justices in 1888 for eight year terms beginning January 1, 1889. The Court consisted of five members until the Constitution was again amended in 1936 providing for a Chief Justice and not more t,han six Associate Justices. The General Assembly enacted legis- lation authorizing the appointment of two additional Associate Jus- tices as of July 1, 1937. Governor Hoey appointed Judge M. V. Barnhill and the Honorable J. Wallace Winborne Associate Jus- tices. Both took their oaths and assumed their duties as members of the Court on July 1, 1937. Both were elected for eight year terms in November, 1938. Only sixty-six persons, including Judge Murphey, have served on our Supreme Court up to this time. Judge Murphey was commissioned pursuant to a provision in the Act creating the Court providing for the Governor to appoint someone to sit when any one of the three incumbents was disqualified to sit because of having been counsel in any cause pending before the Court. Judge Murphey sat in a number of cases during 1819 and 1820. Eighteen persons have served as Chief Justice during the Court's one hundred and fifty years. All of these eighteen Chief Justices had previous tenure as Associate Justices except Taylor and Smith. Taylor was elected Chief Justice by his associates, Leonard Hen- derson and John Hall, when the Court was organized. William Nathan Harrell Smith ~7asappointed from the bar as Chief Justice by Governor Vance upon the death of Chief Justice Pearson. Smith assumed his duties as Chief Justice January 14, 1878. Chief Justice Clark served longer on the Supreme Court than any other member. He became a member of the Court on November 16, 1889, and served continuously from that time until his death on May 19, 1924-thirty-four years, six months and three days. He served as Chief Justice from January 1, 1903, until his death- twenty-one years, four months and eighteen days. Chief Justice Stacy had the second longest tenure on the Court and the longest tenure as Chief Justice. He assumed his duties as an Associate Justice on January 1, 1921, and continued as a member of the Court until his death September 13, 1951 -thirty years, eight months and twelve days. During his tenure he served as Chief Justice from March 17, 1925, until his death-twenty-six years, four months and twenty-six days. Justices Walker and Denny are the only members of the Court to serve for more than twenty years as an Associate Justice. A number of others have served for more than twenty years as a mem- N.C.] HISTORY OF THE SUPREME COURT 627

ber of the Court, but such tenure has included services as Associate Justice and as Chief Justice. For example, the elder Ruffin served nearly twenty-five years, almost six years as an Associate Justice and nineteen years as Chief Justice; and Chief Justice Pearson served as a member of the Court twenty-nine years and twenty-one days-nineteen years of that time was as Chief Justice. Clark's History of the Court states the religious persuasion of the members of the Court from 1819 until January, 1919, as follows: ". . . three have been Roman Catholics, Gaston, Manly and Douglas; two Baptists, Faircloth and Montgomery; four Metho- dists, Merrimon, Clark, Cook, and Allen; seven Presbyterians, Nash, Reade, Dick, Smith, Dillard, Avery, and Burwell; one Freethinker, and the remaining twenty-three Episcopalians." Since the close of the period covered by Clark's History of the Court, twenty-six additional persons have been members of the Court, including its present membership. Of these, three have been Presbyterians, Seawell, Ervin and James; nine Methodists, Stacy, Adams, Barnhill, Johnson, Bobbitt, Higgins, Moore, Sharp and Pless; eight Baptists, Varser, Brogden, Devin, Denny, Valentine, Lake, Branch and Huskins; and the remaining six Episcopalians, Clarkson, Connor, Schenck, Winborne, Parker and Rodman. In the period from 1819 to 1869, all the members of the Supreme Court except Gaston had previously served on the Superior Court. During its second fifty years, from 1869 through 1918, twenty-seven persons sat on the Court; and of these, fifteen were appointed or elected directly from the bar, to wit: Rodman, Dick, Settle, Boyden, Bynum, Faircloth, Smith, Ashe, Dillard, Davis, Burwell, Mont- gomery, Douglas, Walker and Manning. During the last fifty years, twenty-six additional members have served on the Court; and of these, twelve were appointed from the bar, to wit: Clarkson, Varser, Brogden, Winborne, Seawell, Denny, James, Valentine, Higgins, Rodman, Lake and Branch. The Judicial section of our Constitution was amended in 1962 and 1965 to provide for a General Court of Justice to consist of the Supreme Court, an intermediate Court of Appeals, the Superior Courts and a system of District Courts. The Court of Appeals began to function on October 1, 1967, and was created for the purpose of relieving the Supreme Court of a substantial part of its work load which for the past ten or twelve years had been exceedingly heavy for an appellate court. The District Courts have been functioning in certain Judicial Districts of the State since December, 1966, and all the counties of the State will be under the system by the first Monday in Decem- 628 HISTORY OF THE SUPREME COURT 1274 ber. 1970. The District Courts will replace all courts inferior to the Superior Court and will have uniform jurisdiction. costs and pro- cedure . List of members of the Supreme Court since January 1. 1819

CHIEF JUSTICES John Louis Taylor* ...... 1819-1829 Leonard Henderson ...... I82 9.1933 Thomas Ruffin ...... I833.1852 Frederick Nash ...... I85 2.1858 Richmond M . Pearson ...... I85 8-1868 Richmond M . Pearson ...... 1868-1878 William N . H . Smith*" ...... 1878-1889 Augustus S. Merrimon ...... 1889-1892 James E . Shepherd ...... 1892-1895 William T . Faircloth ...... I89 5-1900 David M . Furches ...... 1901-1903 Walter Clark ...... I90 3-1924 William A . Hoke ...... I92 4-1925 Walter P . Sta.cy...... 1925-1951 William A . Devin ...... I951-1954 M . V . Barnhill ...... 1954-1956 J . Wallace Winborne ...... I915 6-1962 Emery B . Denny ...... I96 2-1966 R . Hunt Parker ...... 1966-

ASSOCIATEJUSTICES John Hall ...... -1819-1832 Leonard Henderson ...... 1819-1829 Archibald D . MurpheyY**...... John D . Toomer ...... I82 9-1829 Thomas Ruffin ...... I82 9-1833 Joseph J . Daniel**** ...... 1832-1848 William Gaston ...... I833-1844 Frederick Nash ...... I84 4-1852 William H . Battle ...... 1848-1848 Richmond M . Pearson ...... I848-1858 William H . Battle ...... 1852-1868 Thomas Ruffin...... 1858-1860 Matthias E . Manly ...... 1860-1865 Edwin G . Reade ...... -8 Edwin G . Reade ...... 1868-1879 William B . Rodman ...... I869-1878 Robert P . Dick ...... I869-1872 N.C.] HISTORY OF THE SUPREME COURT 629

Thomas Settle ...... 1869-1871 Nathaniel Boyden ...... 1871-1873 Thomas Settle ...... I87 2- 1876 William P . Bynum ...... I873-1879 William T . Faircloth ...... I876-1879 Thomas S. Ashe ...... I879-1887 ,John H . Dillard ...... 1879-1881 Thomas Ruffin, Jr...... I88 1-1883 August.us S. Merrimon ...... 1883-1889 Joseph J . Davis ...... I88 7-1892 James E . Shepherd ...... I889-1892 Alphonso C . Avery ...... 1889-1897 Walter Clark ...... I88 9-1903 James C . McRae ...... 1892-1895 Armistead Burwell ...... I892-1895 David M . Furches ...... 1895-1901 Walter A . Montgomery ...... 1895-1905 Robert M . Douglas ...... 1897-1905 Charles A . Cook ...... 1901-1903 Henry Groves Connor ...... 1903-1909 Platt D . Walker ...... I90 3-1923 George H . Brown ...... 1905-1921 William A . Hoke ...... 1905-1924 James S. Manning ...... I909-1911 William R . Allen ...... I911-1921 Walter P . Stacy ...... I921-1925 William J . Adams ...... 1921-1934 Heriot Clarkson ...... I923-1942 George W . Connor ...... I92 4-1938 L . R . Varser ...... I925-1925 Willis J . Brogden ...... 1926-1935 Michael Schenck ...... 1934-1948 William A . Devin ...... 1935-1951 M . V . Barnhill ...... I937-1954 J . Wallace Winborne ...... I93 7-1956 A . A . F . Seawell ...... I93 8-1950 Emery B . Denny ...... I942-1962 S. J . Ervin, Jr...... 1948-1954 Murray James ...... I950-1950 Jeff . D . Johnson, Jr...... I95 0-1959 Itimous T . Valentine ...... I951- 1952 R . Hunt Parker ...... 9 William B . Rodman, Jr...... m-1965 Clifton L . Moore ...... I959-1966 J . Will Pless, Jr...... 1966-1968 630 HISTORY OF THE SUPREME COURT E274

R. Hunt Parker, Chief Justice ...... 1966- William H. Bobbitt...... ,1954- Carlisle W. Higgins ...... ,1954- Susie M. Sharp ...... 1962- I. Beverly Lake...... ,1965- Joseph Branch ...... 1966- J. Frank Husliins...... ,1968-

:'.John Louis Taylor was elected Chief Justice of the Supreme Court by his Associates when the Court was organized; therefore Taylor never served as an Associate .Jnstice. **William S. H. Smith, upon the death of Chief dllstice Pearson, was ay- pointed from the bar by Governor Vnnce as Chief ,Justice. Consquently he was never an Associate Justice. ***,4rchibald D. Murphry was commissioned pursuant to a provision in the Act creating- the Sugreme Court, authorizing the Gorernor to commission someone to sit ill lieu of any member of the Court who might be disqualified to sit by reason of having been counsel in any cause pending before the Court. Judge Henderson was elected to the Superior Court in 1808 and resigned in 1816. His resignation was the result of his need for additional income1 for the support of his family and the education of his children. Judge Henderson was the only member of the first Court who was engaged in tllc practice of law at the time of hiq appointment. Taylor had been a Superior Court Judge contiuuously since 1798 and Hall since 1800. Murphey was a Superior Court Judge and was commissioned to sit in a number of cases in lien of Judge Henderson during 1819 and 1820. *"**Joseph J. Daniel was commissioned to sit in a number of cases in lieu of .Judge Henderson during the May Term, 1819. Dauiel mas a Superior Court Judge from 1816 until 1832, when he mas elected to the Supreme Court as successor to Judge Hall who resigned in December, Is?, and died in January, 1633. The members of the Supreme Conrt were designated as the Chief Justice and .Judges of the Supreme Conrt from the creation of the Court until the adoption of our present Constitution, in 1868, in which instrument the members of the Court are designated as the Chief Justice and Associate Justices of the Su- preme Court.