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Winter 2018, Vol. 7, No. 2

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Columns Lead Articles Message from the President Fellows Column A Practicing Lawyer’s Tribute By Dale Wainwright By David J. Beck The Society’s dual I am pleased to report to Professor Joseph W. McKnight mission of preserving that the 2018 Annual (1925-2015) the history of the Fellows Dinner was a By Josiah M. Daniel, III courts and educating tremendous success. Here was a professor the public about that Read more... David J. Beck who truly understood history is again in full Hon. Dale the historical nature of bloom this year. Wainwright legal process and the Read more... Executive Editor’s Page historical origins and the evolution over time of By David A. Furlow substantive law. Prof. Joseph W. Welcome to our Read more... McKnight Executive Director’s Page journalistic battlefield, By Sharon Sandle a cockpit of conflicting Last year I attended the ideas, competing visions Texas State Historical about justice, and Reconstruction Politics and the Association’s Annual gunslingers in frontier Meeting. One of the Texas. Read more... David A. Furlow Galveston Seven: The Struggle to highlights for me was Appoint a Judge in the Eastern browsing the books in the exhibitor hall. Sharon Sandle District of Texas, 1869-72, Part 1 Read more... By Stephen Pate This story reflects the deep divisions in Texas during Reconstruction, including strife within a Texas Republican Party that within a few short The first federal years would become court building in extinct. Read more... Texas Features From Outlaw to Attorney at Law: The “Friendly First,” Texas’s First In Memoriam: The Brief Legal Career of Court of Appeals, 1892-2017 Justice Ted Z. Robertson, 1921-2017 John Wesley Hardin By Hon. Terry Jennings By Osler McCarthy The Court has endured Justice Robertson is By John G. Browning and thrived during credited with helping The Texas bar once times of peace and lead the Court to a included one of the war, political and social modern system of most notorious outlaws progress and strife, discretionary review. of the West, credited economic booms and Read more... Justice Ted Z. with at least twenty- The First Court of Robertson recessions, and fair seven murders. John Wesley Appeals located Hardin weather and foul. in Galveston Read more... Read more... The Great Debate By Dylan O. Drummond Celebrating Houston’s Appellate History In October 1988, an The Fourteenth at Fifty: Poised for extraordinary debate By David A. Furlow took place in Houston Current and former Change, Prepared for Challenge, and involving nine current or Justices, judges, staff, Pointed Toward the Future future Supreme Court clerks, and many local By Hon. Kem Justices. Read more... attorneys attended Four of the Thompson Frost debaters the celebration that Houston is home to commenced on the two of Texas’s fourteen afternoon of September The audience for intermediate courts of 12, 2017. Read more... the event appeals. Having two such courts is unique to Hon. J Curtiss Brown, the Texas. Read more... Court’s longest serving Justice Book Review News & Events Dress (Your Writing) for Success: This Past Fall, Trustees Learned the Historic Portrait Ceremony Honors A Book Review of Typography for Lawyers History of a Giant Film Reconstruction Judges Wesley Ogden By Jay Jackson Story and photos by David A. Furlow and Colbert Coldwell The author believes that Noted author and Photos by Mark Matson lawyers are professional University of Texas In January, a ceremony writers, and so our Professor Don Graham, at the Supreme Court documents should Ph.D., made a star dedicated portraits of display a professional performance as the two Supreme Court appearance. guest speaker at the judges from Texas’s Read more... Society’s Fall 2017 Reconstruction era. Board of Trustees At the ceremony Read more... meeting. Read more... Don Graham’s forthcoming book TSHA Annual Meeting 2018: Come Join Us for the Spring Laying Down Early Texas Law 2018 Members Meeting and By David A. Furlow Bush Presidential Center Tour The Society will present By Cynthia Timms a special panel, “Laying Following the Meeting, Down Texas Law: From all trustees and Austin’s Colony through members, as well the Lone Star Republic,” as members of the at the TSHA Annual judiciary, are invited to Meeting March 8-10. TSHA logo a free, catered lunch. Read more... Our speaker will be Ms. Harriet Miers Harriet Miers. Read more... Membership & More Justice Jimmy Blacklock Joins the Grand Opening of a New Visitor’s Calendar of Events Texas Supreme Court in January Center and Museum at San Felipe Officers, Trustees & Court Liaison On January 2, Governor By David A. Furlow Greg Abbott appointed San Felipe was the 2017-18 Member Upgrades and swore in Jimmy political, legal, and Blacklock to the Texas economic capital of 2017-18 New Member List Supreme Court. Stephen F. Austin’s new Read more... colony. Read more... Join the Society Justice Jimmy Blacklock Artist’s rendering of the Center Visit the Society on Twitter and Facebook! Celebrating the Legacy @SCOTXHistSocy Chief Justice Hecht and Florida Chief of Heman Marion Sweatt Justice Labarga Address Access to Story and photos by David A. Furlow FB: Texas Supreme Court Historical Society Justice in the Wake of Hurricanes The dedication of UT © 2018 Texas Supreme Court Historical Society Law School student Harvey and Irma Heman Marion Sweatt’s By Dylan O. portrait proved the truth Drummond of the motto, “What Each Chief Justice also Starts Here Changes the World.” Read more... Heman Sweatt in addressed what efforts 1950 their courts undertook in response to the storms. Read more... The Chief Justices Message from the President Hon. Dale Wainwright he Society’s dual mission of preserving the history of the courts and Teducating the public about that history is again in full bloom this year. On March 8, the Society will sponsor an informative session at the annual meeting of the Texas State Historical Association in San Marcos. The Society’s participation in this statewide forum is central to our educational mission, and I look forward to moderating this year’s panel discussion on lawyers and judges in early Texas. See page 89 in this issue for program and registration information. In January, the Society cosponsored, with the Texas Supreme Court, a special portrait dedication ceremony for two Reconstruction-era justices—Colbert Coldwell and Wesley B. Ogden. Justice Coldwell served on the Court during the post-Civil War period from 1867 to 1869 and was removed from office by the U.S. military. Chief Justice Ogden served on the Court from 1870 to January of 1874, when he was unceremoniously ousted from office after he and the other justices issued the controversial opinion in the “Semicolon Case.” In Ex parte On January 10, the Society joined the Texas Supreme Court in Rodriguez, the Court’s opinion dedicating the portraits of Reconstruction-era Chief Justice Wesley invalidated the state election Ogden (left) and Justice Colbert Coldwell (right). of 1873; however, newly Photo by Mark Matson. elected Governor Richard Coke refused to enforce the decision and took office by force. The historical period during which they served and the recounted circumstances combined to result in neither Ogden nor Coldwell having received formal recognition of their historical significance. The portrait ceremony in the 1 Supreme Court was an important step in continuing to complete the history of the Texas judicial system. The story to be told in the next issue of this journal is how Society board member Bill Ogden, a great grandson of Wesley Ogden, and Society member Colbert Coldwell, a great grandson of his namesake ancestor, took the initiative to approach the Society and the Court to make it happen. The Society’s Fellows are also promoting our educational mission through the Taming Texas Judicial Civics and Court History Project. The project’s classroom program on the history and operations of our state’s courts was introduced two years ago and has reached thousands of seventh-grade Texas history students so far. The Houston Bar Association’s Teach Texas Committee is preparing to launch this year’s program in Houston area schools. You’ll hear more about the curriculum and the new book in the Taming Texas series this spring. When the Society’s board travels to Dallas for its March 28 meeting, we’ll hear reports from the various committees that do the majority of the work of this organization. At last fall’s meeting in Austin, I was impressed by how much is accomplished by a group of volunteers who are extremely busy in their legal careers. I know that the spring meeting will be equally productive. The post-meeting field trip to the George W. Bush Presidential Library will be a special treat, and I greatly appreciate Cynthia Timms’s efforts in planning it for us. DALE WAINWRIGHT is a shareholder with Greenberg Traurig, LLP and chairs its Texas Appellate Practice Group. He is a former Justice on the Supreme Court of Texas. Return to Journal Index 2 Executive Director’s Page TSHA Annual Meetings Have Tangible, Intangible Takeaways Sharon Sandle ast year I had the chance to attend the LTexas State Historical Association’s Annual Meeting in Houston. Although I attended many fascinating sessions, one of the highlights of the meeting, for me, was browsing the books in the exhibitor hall. Some of the books available are new publications from the university presses in Texas, but there are also sellers who have items of historical significance for sale. One item that I came across ended up returning home with me. It’s a narrow pamphlet entitled Hand-book of Legal Forms, by John W.
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