The Supreme Court Bistorical Journal Published by the Missouri Supreme Court Historical Society

Vol. 1, No.3 Spring, 1987 Chief Justice Higgins To Address Second Annual Meeting

Missouri Supreme Court Chief member of the Missouri Bar, in Justice Andrew J. Higgins will be the observance of his 95th birthday. principal speaker at a noon lunch- A principal purpose of the Society eon to be held in conjunction with is to help preserve the history of the the Second Annual Meeting of the Supreme Court of Missouri and to Missouri Supreme Court Historical qather for display to the public Society. The meeting will be held on artifacts of historical significance to Saturday, May 16, at the Jefferson the Court. A major project of the City Racquet Club. Court now underway is the compil- The theme of Chief Justice Hig- ing of a I comprehensive history of gins' address will be the Bicenten- the Missquri Supreme Court. Re- nial of the U.S. Constitution. He will search work for this project started discuss plans which the Missouri last year. Just recently, a contract Press-Bar Commission, which he has been signed for the writing of serves as Chairman, has for state- the history. This publication is wide community forums to be held expected to be completed in 1990. in conncection with the observance. Another project now being undertaken by the The Supreme Court Historical Society, formed Society includes restoration work on portraits of just over a year ago, now boasts of more than 200 former Supreme Court judges which hang in the members. Membership roles include both non- Supreme Court building. Acquisition of portraits lawyers and members of the bar. During the past or photographs of more than 60 former judges not year, a number of members have contributed now available are also being sought by the items of historical significance to the Society for Society. display in its proposed museum in the Supreme Members of the Society planning to attend the Court Building. A cash gift of $1,000 was also annual meeting are urged to invite other potential made to the Society by the lawyer sons and members to attend with them. Details concerning grandsons of Rush H. Limbaugh, Sr., a veteran the meeting will be sent to all members shortly. Larson To Restore Nine More Portraits

Another important step in restoration of The contract calls for such restoration work as portraits of former Missouri Supreme Court judges removing and restretching canvas to the proper has been taken with the signing of a contract with tension, devarnishing and revarnishing with Columbia artist Sid Larson for work on nine of the appropriate coatings, compensating for paint loss, most seriously deteriorated portraits now hanging removing old linings from some canvases and in the Supreme Court building. This contract will relining others, and repairing and installing new bring to ten the number of judicial portraits which hardware on most of the frames. will have been restored by Mr. Larson. The nine portraits selected for restoration at this Portraits scheduled for restoration under the time were those identified by the artist as being $5030 contract include those of Judges John most in need of such preservative work. They Kennish, Leroy Valiant, Elijah H. Norton, William ranked highest in priority in the listing of portraits M. Williams, Henry Lamm, David Wagner, Gavon needing restoration which Mr. Larson completed D. Burgess, Walter W. Graves and Henry W. Bond. in a survey last year. Work on other portraits in The portrait of Judge Theodore Brace was need of restoration will be done according to this restored by Larson last year, bringing to ten the priority listing as funds become available to the total of portraits which have undergone restora- Society. tion. Professor ,Gerald Dunne Will Author SupreDle Court History

A. contract to write the Supreme Court (1960), Justice Joseph Story a history of the Mis- and the Rise of the Supreme Court (1971), Hugo souri Supreme Court Black and the Judicial Revolution (1977) and has been signed with Grenville Clark, Public Citizen (1984). He has also Professor Gerald T. written 25 articles which have appeared in Dunne, a member of numerous publications including the Harvard Law the faculty at the St. Review and the Yale Law Journal. He also serves Louis University as Editor-In-Chief of the Banking Law Journal, a School of Law. The position he has held since 1974. contract with the The proposed Supreme Court History will cover Missouri Supreme the years of the Court since Missouri's statehood Court Historical So- in 1820 and will also cover its predecessor, the ciety calls for the Territorial Court. Much of the information history to be com- concerning significant cases, court personnel and pleted by December judges and important developments will come Gerald Dunne 31, 1990. An Editorial from research done for the Supreme Court Committee, appointed by the Society, will consult Historical Society by graduate student Kristen with the author in determining the content of the Morrow. Ms. Morrow has been employed by the history. Society for the past 2 years in doing historical Professor Dunne is the author of four previously research on the Court. Recently she has been published books. They are: Monetary Decisions of assisted by another graduate student, Steven Call.

Missing Portraits Sought

The old adage that one picture is worth 10,000 judges together with the years when they served: words does not necessarily apply as far as the Mathias McGirk (1820-1841), John Rice Jones judiciary is concerned. The recorded decisions (1820-1824), Rufus Pettibone (1823-1825), George and opinions of Missouri Supreme Court judges Tompkins, (1824-1825), Robert Wash (1825-1827), no doubt provide a more accurate picture of the Prestly H. McBride (1845-1849), John F. Ryland character, intelligence, ability and philosophy of (1851-1857), Hamilton R. Gamble (1851-1855), these jurists than any number of portraits or William V. N. Bay (1852-1865), Walter Lovelace photographs could do. Never-the-Iess the Mis- (1865-1866), Nathaniel Holmes (1865-1868), souri Supreme Court Historical Society would like James Baker (1868- ), Warren Currier (1868- to eventually see a portrait of each of Missouri's 1871), Robert D. Ray (1880-1890), Francis M. eminent high court jurists hang in the corridors of Black (1884-1895), John Liburn Thomas (1890- the Supreme Court Building. 1893), Edward A. Lewis (1874-1875), Franklin Portraits of less than a third of the judges who Ferris (1910-1912), Henry Whitelaw Bond (1912- have served on the Missouri Supreme Court are 1922), Charles B. Faris (1912-1922), Charles G. now on display in the Court Building. The faces Revelle (1915-1917), John I. Willamson (1919- of more than 63 former judges are absent from 1921), Conway Elder (1920-1922), Edward Higbee this gallery of solemn miens. A goal of the (1920-1922), Robert W. Otto (1925-1927), Ernest S. Missouri Supreme Court Historical Society is to Gantt (1926-1946), Charles T. Hays (1932-1933), obtain a portrait or photograph of each of the Waltour M. Robinson (1894-1904). missing judges, who are now deceased, as well as In addition to the above, three judges served to obtain portraits of living former Supreme Court short terms of from six weeks to 8 months. They justices who have returned to private practice or were: Clarence A. Burney, serving six weeks in have been appointed to the federal bench. Among 1932, Walter D. Coles, serving eight months in the latter are former justices Joseph Simeone, 1935, and Ray B. Lucas, serving 3112months in John Bardgett and George Gunn. 1935. It is hoped that portraits of the living former Anyone having information concerning portraits Supreme Court judges will be obtained in the near or photographs of any of the above former future. More difficult will be the task of finding Supreme Court judges is asked to contact D. A. portraits or photographs of those judges who are Divilbiss, Supreme Court Librarian, Supreme deceased. Among the latter are the following Court Bldg., Jefferson City, MO 65101. 2 .William B. Napton: - Committed Jurist and Court Critic by Kristen Morrow

. . 1808. After graduating from Princeton College in Kristen Kalen Morrow is an M.A. candidate in History at the 1826, he was employed as a tutor for the children University of Missouri-Columbia. of General William Fitzhugh Gordon in Charlottes- She received her B.A. in Political ville, Virginia. Napton's experiences in the Gordon Science with a minor in History at household and in Charlottesville society combined Southwest Missouri State Univer- with his law studies at the sity in 1977. She presently holds profoundly influenced his thinking. Daily, he was an Assistanship a,t the Missouri surrounded by "men of force, of education, of Cultural Heritage Center at UMC intellect of a ,high order, all of which was and is a research assistant to the Missouri Supreme Court Histori- presented under the inviting facade of impeccable cal Society. social grace."4 Admiring greatly the Virginia gentry and their economic, social, and political Author's note: This paper is a product of my philosophies, Napton adopted with enthusiasm research as part of a long-term project by the "the strict construction, states rights attitude" of Missouri Supreme Court Historical Society and his Southern rnentors.? Hence, when Napton the Missouri Cultural Heritage Center at the arrived in Missouri in 1832 and settled at Elk Hill, University of Missouri-Columbia to produce a his Saline County farm, he fit comfortably into history of the Missouri Supreme Court. I have had Boonslick society and polttlcs. the opportunity to delve into the private papers of Napton's career in Missouri politics began soon many judges who sat on the Court. Though all of after his arrival. He practiced law briefly in Howard the judges' papers offer important information, County prior to editing the Fayette Boonslick one cache of papers, the William B. Napton Gazette, a position secuned for him by Governor Papers located at the Missouri Historical Society, John Miller. In 1834 Napton was elected Secretary St. Louis, proved particularly inviting because of of the Missouri Senate and in 1836 Governor the number and quality of materials available. appointed him Attorney General. In Covering a period of forty-three years, from 1839 1839, at the age of th irty-one, Napton ascended to 1882, Napton's letters and diary provide to the bench of the Missouri Supreme Court, interesting glimpses and insights into nineteenth where he achieved his greatest tarne.s century Court life. Napton's allegiance to the state's highest bench proved undeniable. It consumed the rest of his William Barclay Napton, one of the most political and professional careers. Whether on or eminent jurists to occupy a position on the off the bench, he became the Court's consummate Missouri Supreme Court, spent twenty-five years critic, not in a derogatory way, but in a manner between 1839 and 1881 on the bench.' Considered that suggested his abiding concern for maintain- to be a man of superior intellect and judicial ing the quality of Missouri's most important wisdom, Napton's opinions pervaded thirty-six judicial institution. Napton wanted and expected volumes of Missouri Reports, a feat unequalled by the Missouri Supreme Court to be superior in any of his jurist peers, past or present.2 every respect, and his extended experience either Considered a member of the "Boonslick on it or in front of it convinced him the Court had Democracy" centered in Howard, Saline, Cooper, not yet reached its potential. Therefore, he Chariton, and Boone counties, Napton manifested regularly criticized the office and institution he characteristics associated with this politically and profoundly respected. socially powerful group of elites. Like Napton, Napton's concerns about and insights into the members of the Democracy, including Claiborne Missouri Supreme Court are best represented in Fox Jackson, Dr. John Sappington, Meredith M. his diary and in his letters to his wife, Melinda. Marmaduke, and Thomas A. Smith, owned large Melinda, the daughter of Thomas L. Williams tracts of land, numerous slaves, and "exerted (Chancellor of east Tennessee and a Tennessee great social, economic, and political influence."3 Supreme Court judge), met Napton while visiting Ardent states righters, they supported limited use her aunt, the wife of General Thomas A. Smith, of the federal Constitution in governing activities proprieter of 'The Experiment,' a famous Saline in the individual states. Finally, they were County farm. Melinda, because of her back- Southerners hailing from Virginia, Kentucky, and ground, upbringing, and intellect, embodied all of Tennessee, Napton being the one notable the characteristics Napton undoubtedly admired exception. in a woman, and they married on March 27, 1838, Unlike his Boonslick contemporaries, Napton while Napton still served as Attorney General. was born in Princeton, New Jersey, on March 23, Ultimately, she bore him nine sons and one 3 daughter before her death in 1862.7 Napton's employment, first as Attorney General and later as judge, frequently kept him away from Elk Hill. Consequently, a regular correspondence developed between Melinda and himself during his absences. In his letters to his wife, Napton often mentioned the Court's state of affairs. Either as a matter of professional confidentiality or because he assumed she simply would not be interested, he rarely discussed cases or impending decisions. Instead, he preferred to inform her about more mundane matters. Napton regularly complained to Melinda about the long hours and low pay judges received. He considered his $1500 annualy salary paltry, particularly for the extended hours he spent hearing cases and writing opinions. While immersed in his judicial duties in February 1846, Napton lamented to h is wife: During the week we have been engaged, either in hearing or deciding causes, and I have very little opportunity of writing except on Sunday. It is a hour life - that of Judge of our Sup. Ct. - and I should be glad if my circumstances would permit to quit it. Nothing but the necessity of providing for a family would induce me to continue in the performance of such laborious duties. Nor William Barclay Napton have the convention raised the salaries - but they have left it to the teqisleture» seeking judgeships. His concern prompted him, Napton's lament was partially justified. He and during his second term in 1857, to write State the other two judges, William Scott and John Senator about the Ryland, were confronted with deciding eighty problem, particularly since judges' salaries cases in Jefferson City and forty cases in St. Louis remained unchanged since Napton first occupied before the third Monday in March. Yet, with the bench in 1839. Napton believed that Jackson, somewhat uncharacteristic optimism, Napton a personal friend and political compatriot, might predicted that the new state constitution would wield some influence among his fellow legislators pass and "the legislature will increase the salaries on Napton's behalf. He argued that judges' of all the Judges."9 To his dismay neither the salaries were directly related to the quality of consitution passed nor were salaries raised. people occupying the bench and stated for- Napton echoed similar sentiments regarding the thrightly that the general public had no interest in judges' minimal living expenses when holding the Missouri Supreme Court primarily because of court in St. Louis. "[Judges] Ryland and Birch are its preponderant concern with "the mercantile and getting very sick of St. Louis - especially at $12 landed interests."14 Court elitism aside, Napton a week," he commented to Melinda in November also noted that Court decisions regularly involved 1849.10 In another letter, two years later, he the general public despite their apathy toward it. proclaimed that he would rather "stay home on Arguing that even an apathetic public deserved a $200 a year, than lead the life I now do, on quality court, he queried: $1500."11 Yet, Napton clearly preferred the bench Is it safe to risk such questions to any fifteen to the bar. In March 1859, after ritually complain- schilling lawyer whom accident or locality or ing about the judges' "hard life," he admitted in the indifference of the public may put on this a letter to Melinda that his "salary [was] better station? ... It is upon principles of public than a country lawyer's practice taking\a series of expediency therefore, that I feel warranted in years together."12 Later in the year, he again urging that these offices be put in a condition complained about receiving a minimal salary and to attract abilities and ambition which now little credit for nearly twenty years "in a laborious turn from them with disgust and are now office," yet resignation was out of the question allured into the more agreeable and less because of his "dislike to change."13 In reality, laborious paths of politics ... 15 Napton coveted his office and was perfectly Napton's letter to Jackson may have reflected, willing to tolerate its inconveniences. in part, the concern he felt over the abandonment Napton's complaints to his wife about the rigors of the Court by two of its finest members, of Court life frequently reflected a deeper Hamilton Gamble and Abiel Leonard. In an 1858 concern. He' feared the Court did not command letter to Melinda, he recounted a conversation he the respect it deserved because low salaries had with Leonard regarding Leonard's two-year discouraged Missouri's top legal talent from stint on the bench. He wrote, "Judge Leonard is 4 practicing law here (St. Louis) and tells rrie he is Napton waited six years to return to the Court much better pleased with the labor and profits after his initial defeat. During the interim between than he was with his judgeship."16 Years later terms, he campaigned actively for Calhoun's Napton privately accused Leonard, Gamble, and states rights doctrine and publicly supported the John C. Richardson of occupying the bench extension of slavery in newly acquired United merely for the prestige attached to the office and States territories at a pro-slavery convention held with little regard for its labors and meager at Lexington in July 1855.26 In 1857 he and John compensation. Bitterly, Napton contended that all C. Richardson replaced Abiel Leonard and John they accomplished before resigning their judge- Ryland on the bench. Napto~ remained there until ships was to achieve the honor associated with 1861 when the Court, in unison, refused to take attaining the highest position possible in the an oath of loyalty to the Union. Their offices were state's legal protession.!? Napton detested the then filled with men more sympathetic to the practice of using the Court for personal political Union cause.27 Nearly twelve years passed before ) gain, particularly by men such as Gamble, Napton served an unprecedented third term on the Leonard, and Richardson who were highly Court. I J regarded for their legal and judicial acumen. From 1861 to 1873 Napton maintained a private Napton undoubtedly felt that brief tenures, law practice in St. Louis.28 On December 31,1862, especially by talented men, served only to lower Melinda died at Elk Hill, an estate ravaged by war the Court's esteem in both the eyes of the legal and neglect. Napton, who craved both his wife's profession and the general public. For Napton it companionship and her correspondence, was boiled down simply to a matter of principle. deeply affected by her death. His diary entries Napton's first term on the Court, from 1839 to throughout the sixties, seventies, and early 1851, was disrupted briefly when the judges were eighties reflected an intense loneliness, even turned out of office in 1849 by a consitutional bitterness because of her absence. Only Napton's amendment. He and Judge Ryland were imme- work prevented him from becoming rnorose.w diately reappointed. James Birch, a Thomas Hart When the Radical Republican fervor dissipated Benton foe, replaced William Scott.t" In 1851, in the early seventies, Napton accepted a position when judgeships became elective, Napton noted on the Court in 1873. A vacancy had been created in a letter to Melinda that "[clandidates for our when Judge. Ephraim \B. Ewing died suddenly. Court are as thick as blackberries."19 He then Reflecting on his appointment several years later, speculated that he had enough support from the Napton wrote in his \diary that all of his bar to retain his seat on the bench, though in appointments to the bench were not sought or another letter he stated that he cared not whether desired but were instead surprises. He claimed he was "elected or defeated."2D Ambivalence that his acceptance of a third term was "against aside, Napton was clearly disappointed when he my own inclination and interests," but that was defeated and blamed his misfortune on the Governor [Silas] Woodson and the bar insisted he "Benton vote" cast against him.21 fill Ewing's vacant chair.3D Again Napton shrouded his true devotion to the bench in ambivalence. Napton's unpopularity among the Missouri senator's supporters related specifically to Napton's desire to remain a member of the Court was strongly evident in the 1870s. Though Napton's authorship of the Jackson Resolutions in he feigned ambivalence, he voiced extreme 1849. The influx in the 1840s of new Missourians opposed to slavery threatened the concept of concern when in early 1874 he became the target of disgruntled Grangers for writing a majority sanctity of property cherished so dearly by the politically dominant Boonslick Democracy.22 opinion upholding the payment of railroad debts in Clark County. Napton privately admitted that in Members of the Democracy, strongly influenced by the states rights philosophy espoused by John some cases farmers were probably defrauded by railroad agents, 31 yet in his own defense he C. Calhoun, realized they needed something tangible to stem the growing opposition to their stated: cause. State Senator Claiborne Jackson requested I am charged with belonging to bondholders Napton to construct a set of resolutions to be and railroads and monopolists generally - and yet my life has been mainly spent on the passed by the legislature endorsing a states rights philosophy that essentially supported the contin- other side . . . . On the bench I could only uation of slavery. Penned by Jackson on a follow decisions by the Supreme Court of the Saturday night in January, the Jackson Resolu- United States and of this state, in the Clark tions were heartily endorsed by the Missouri county cases .... I am opposed to such legislature.23 Senator Benton, unsympathetic to subscription, but when they are made and the Boonslick Democracy's philosophy, particu- bonds issued, I don't see the morality of larly regarding slavery, refused to support the trying to get out of an honest debt, and I Resolutions and with vehemence campaigned shall favor no such eitempts.s? against them. In doing so he virtually destroyed For Napton the issue was a matter of principle his senatorial career.c- Benton's supporters, even if it made him politically vulnerable. weakened but still a legitimate force in Missouri Summing up his feeling regarding some of the politics, retaliated in 1851 by denying Napton a public's unflattering perceptions of him he wrote: seat on the bench.> ... if the people of Missouri want a Judge 5 to decide against his own convictions of the The judgeships are deemed so unimportant, law, and in accordance with the popular that nothing is said of them in newspaper sentiment, they will certainly find it to their returns. This is a popular error - for a Judge advantage to look up some other man. I will of the Supreme Court has vastly more power not suit tnem,» than a Governor, and an unfortunate election Actually Napton felt deep concern over the would do vastly more nerm.s? possibility of losing his place on the bench, and Ironically, Napton faced the commissioner issue his diary clearly reflected his anxiety. He directly when he was defeated for the judgeship recognized there existed "a great hostility" to his by Robert Ray in 1880. Napton blamed his defeat

candidacy in counties c burdened by bond in- on his age (seventy-two), arguing that Missourians debtedness. Throughout the spring of 1874 he "adhere to the old notion that after 65 a man is speculated on his chances of remaining on the unfit to be judge."43 Though a commissioner bench in light of the railroad debt controversy, system had yet to be formally established, Napton intense competition for judgeships, and his rather was asked to head "a commission of three advanced age (sixty-six). Napton's fears were lawyers, to examine and decide such cases as the allayed when he was elected to' serve a six-year Court may hand over to them."44 He declined, term on the Court.> noting that he was "unwilling to serve the State During his final years on the bench, Napton longer," thus terminating a judicial career marked continued to express personal concerns about the by occasional brillance, unequalled longevity, and Court's operation. He privately chided Judge unswerving commitrnent.w His final defeat by Ray, Henry Vories for remaining in office when he was after serving twenty-five intermittent years on the incapacitated by a chronic illness. Napton Court, was described in Missouri Reports as that adamantly believed that Vories's disability further final act that "cast him forth unheeded to die of hindered an already over-burdened Oourt.> He old age and neglect."46 With his illustrious, contended that the Court could expedite justice if sometimes controversial career behind him, his it was permanently located in Jefferson City in wife twenty years dead, and his ten children private accommodations that included a "library, widely dispersed, Napton, the Court devotee, died court room, and consultation room."36 Napton a lonely, melancholy man at Elk Hill on January also thought the Court would function more 8, 1883.47 efficiently if its jurisdiction was limited "to an amount not less than $500" and if it was given greater autonomy by limiting legislative controls.F NOTES To Napton's pleasure, the Judicial Article of the 1875 Constitution instituted changes that stream- tHuqh Williamson, "William B. Napton: Man of Two Worlds," lined the Court's docket and terminated the Journal of the Missouri Bar 16 (May 1960): 208. Williamson Court's circuit by locating it permanently in received much of his information on Napton from Missouri Reports, vol. 76, 1883, cited in footnote two. Jefferson City.38 2Reports of Cases Argued and Determined in the Supreme Court Napton further disliked the idea of establishing of the State of Missouri, vol. 76 (St. Louis: Gilbert Book Co., 1883), Court commissioners to assist the judges with p. v. 3Robert E. Chalhope, "Eugene Genovese, the Missouri Elite, and their caseload. Contradicting an earlier stance, he Civil War Historiography," Missouri Historical Society Bulletin 26 stated that the addition of two judges to the Court (July 1970): 274. provided a more plausible remedy to the problem. 4Williamson, p. 209. Again Napton based his argument on quality. "The 51bid. 6lbid. sort of lawyers that could be pursuaded to take 7Ibid., pp. 209-210. such temporary places at low salaries," he wrote, 8Napton Letters to his wife, Melinda. 1 February 1846, William "would hardly relieve the Court much."39 B. Napton Papers, Missouri Historical Society, St. Louis, Mo. 9lbid. Napton also defended the Court when the need 1olbid., 11 November 1849. arose. When a hostile press accused the Court of 11Ibid., 6 April 1851. being dilatory in handling its cases, he argued that 12Williamson, p. 211 and Napton Letters, 28 March 1859. 13Napton Letters, 9 November 1859. the entire appellate system was at fault, not merely i-t.etters from William B. Napton to Claiborne F. Jackson, 3 the Supreme Court.w More judges and additional October 1857, William B. Napton Letter, Joint Collection, University courts, such as the St. Louis Court of Appeals, of Missouri, Western Historical Manuscripts Collection and the only provided slight relief from the Supreme State Historical Society of Missouri Manuscripts, Columbia, Mo. 15lbid. Court's tedious caseload. In the late spring of 16Napton Letters, 7 November 1858. 1877, when the press was particularly critical of 17Napton Diary, 19 January 1872, William B. Napton Papers, the Court's performance, Napton wondered why Missouri Historical Society, St. Louis, Mo. 18L.C. Krauthoff, "The Supreme Court of Missouri," The Green "this agitation was not got up during the session Bag, April 1891, p. 158. See also Napton Letters, 21 January 1849. of the Legislature, when there might have been a 19Napton Letters, 23 March 1851. remedy provided."41 Though the press at times 2olbid., 6 April, 1851. sharply criticized the Court and its members, 21Napton Diary, August 1851. 22See Shalhope, pp. 275-277. Napton perceived it to be largely uninterested in 23Perry McCandless, A History of Missouri, Volume 2: 1820-1860 Court elections. Again picking up on his favorite (Columbia: University of Missouri Press, 1972), p. 247; Williamson, theme, that of maintaining a quality bench, p. 211; and Napton Diary, 11 January 1882. 24See McCandless, pp. 247-253. Napton wrote forebodingly: 25Napton Diary, August 1851. 6 26Shalhope, pp. 276-277 and Williamson, pp. 211-212. 35Napton Diary, April 1876. 27Krauthoff, p. 158. 36Ibid., 16 March 1875. . 28Williamson, p. 211 37lbid. 29Missouri Reports. p. x. Nearly a year after Melinda's death, 38Laurance Hyde, Historical Review of the Judicial System of Napton returned to Elk Hill only to find it "rundown and lonely" Missouri (Kansas City: Vernon Law Book Co., 1952), p. 14. In a diary entry dated 21 March 1882 Napton, reflecting on his 39Napton Diary, 16 April 1877, wife's premature death, wrote: "When I think what a happy old age 4olbid., March 1880. I would have enjoyed if she had been spared, I can only wonder 41lbid., 19 June 1877. and submit to the decrees of Providence." 42Ibid., 9 November 1874. 30Napton Diary, 24 February 1876. 43Ibid., 12 April 1880. 31Ibid., 10 January 1874 and 6 February 1874. 44lbid, 2 December 1880. 32Ibid., 25 October 1874. 45lbid. 33Ibid., 6 February 1874. 46Missouri Reports, p. xi. 34Ibid., 11 November 1874 and Krauthoff, p. 160. 47Ibid., i and xi.

Major Restoration Work On Supreme Court Building

Spring cleaning came early to the Missouri to provide stability before a final seal coat was Supreme Court Building this year as the Division applied. Finally, each capital was highlighted with of Design and Construction undertook two major gold leaf or gold paint. After five months work, the restoration projects on the historic building. In the effect has been to give the columns and interior, Artisan Decorators, Inc., of St. Louis, baseboards a beautiful, soft, satiny finish and to completed restoration of the marble-like columns produce a much brighter and lighter entrance to· and baseboards in the lobby, the second and third the Supreme Court Building. floor corridors and the library. They also cleaned This beautification and restoration work was and refurbished the grand stairway. Outside, capped off with the cleaning and refinishing of the construction workers removed, stablilized and lobby's grand staircase. The real marble steps replaced the massive granite wall on the east side were all cleaned, waxed and buffed to a gleaming of the grounds. shine, enhancing the natural beauty of this Although the process of reproducing the ersatz dominating feature of the lobby. marble with which the columns and baseboards On the grounds, the Division of Design and are finished has long been lost, the skilled Construction contracted for the removal, stabiliz- workmen of Artisan Decorators were able to ing and replacement of the massive granite wall remove the yellow stains which had developed along the east side of the grounds. This wall, over the years and to restore the bright, original which had been leaning precariously for years, finish. In the process, the workers, wearing rubber was removed stone by stone, with each stone gloves, applied a variety of chemicals to the carefully marked as to its exact location in the surface until the deep, original marble-like finish wall. Earth behind the wall was then removed, was restored. Cracks that had developed were solid concrete base poured and the stones filled with a matching compound, then sanded by replaced in their original positions. This work has hand to restore the glossy surface. much improved the view of this side of the Steel bars were inserted in some of the columns Supreme Court Building's grounds 7 Missouri Supreme Court Historical Society Membership List STUDENT MEMBER James H. Meredith Steven G. Ruprecht ($5.00 Annually) Robert A. Meyers Stewart W. Smith, Jr. Mrs. Bonnie Marriott Ron Mitchell Robert O. Snyder Mary Louise Moran Meredith B. Turner INDIVIDUAL MEMBERS Harry J. Nichols CONTRIBUTING MEMBERS ($25.00 Annually) Margaret N. Nolan ($100.00 Annually) Deirdre O. Ahr James H. Ottman John Fox Arnold William Aull III Gene Overall George E. Ashley Eugene E. Andereck Robert M. N. Palmer Paul W. Barrett Henry Andrae Charles E. Patterson William H. Bates Wade F. Baker Michael J. Pohlemeyer Blanchard, Van Fleet, Martin, Ronald K. Barker William A. Ratican, Jr. Robertson & Dermott Donald Barnes Charles Rehkopf F. David E. Blanton Francis M. Barnes III E. A. Richter Paul S. Brown Alex Bartlett C. Andy Runge Robert H. Burns James J. Barta R. G. Russell Donald H. Chisholm James W. Benjamin Jerome W. Seigfreid John J. Cole John S. Black Paul A. Seigfreid David and Gretchen Collins Mrs. Robert A. Black Richard E. Schwartz Willaim A. R. Dalton Charles B. Blackmar Henry S. Shaw Illus W. Davis Edgar G. Boedeker James R. Skain Henry I. Eager John A. Borron, Jr. Gerald M. Smith Elmer and Ruth Ellis N. C. Brill Robert C. Smith William J. Esley David Brydon Bonita Stepnoff James A. Finch, Jr. Joseph E. Stevens, Jr. Rufus Burrus Flavius B. Freeman Harry Carstarphen Joseph S. Summers, Jr. Mrs. Sinclair S. Gottlieb Joe Covington James C. Swearengen William G. Guerri J. Edward Sweeney John C. Crighton Dennis K. Hoffert Louren G. Davidson Paul N. Venker John K. Hulston Jesse D. Davis Thomas A. Vetter D. Jeff Lance Thomas E. Deacy, Jr. E. Richard Webber Robert B. Langworthy Paul M. Denk H. L. C. Weier John Lashley Robert T. Donnelly Dale A. Whitman Rush H. Limbaugh B. C. Drumm, Jr. Joe F. Willerth Stephen N. Limbaugh Kenneth Elliott Barbara J. Wolfe Stephen N. Limbaugh, Jr. Mrs. Anne W. Elsberry James D. Worthington Margolin & Kirwan W. R. England Charles R. Wunsch Edgar Mayfield Lynn M. Ewing, Jr. Virginia Young June P. Morgan Lyman Field Robert Neill William W. Francis, Jr. ASSOCIATE MEMBERS John L. Oliver, Jr. William F. Fratcher ($50.00 Annually) Jack Pritchard Theodore J. Furry William H. Becker Martin J. Purcell William H. Billings Reed O. Gentry Robert L. Rasse Henley H. Blair . John M. Goodwin James E. Reeves Maurice B. Graham Richard S. Brownlee III Ross T. Roberts William H. Copeland Ann P. Hagan John C. Shepherd Albert Crump, Jr. Sam F. Hamra, Jr. Stuart Symington, Jr. Charles E. Dapron Rudolph C. Hasl Joseph G. Stewart D. A. Divilbiss Kenneth J. Heinz Mrs. Avis Tucker Frank B. Edwards Fred L. Henley C. Wallace Walter William W. Evans Andrew J. Higgins Warren D. Welliver Robert L. Hawkins, Jr. Ivan Lee Holt, Jr. Turner White Norwin D. Houser John H. Hendren Harrison Don King Paul D. Hess, Jr. SUSTAINING MEMBERS Robert F. Karsch Lawrence Holman ($250.00 Annually) Louis J. Leonatti Vincent C. Immel John E. and Mary J. Bardgett James McDaniel Elizabeth Lang-Miers Lawrence G. Crahan William H. McDonald Rodney E. Loomer Harold J. Fisher Flake L. McHaney William F. McCalpin Knipmeyer, McCann, Fish & Smith Larry L. McMullen F. Russell Millin William H. Leedy Emory Melton James and Vera Olson Jackson A. Wright 8 CORPORATE MEMBERS* Sam P. Rynearson Ben Ely, Jr. ($500.00 Annually) Edward M. Vokoun Robert T. Hart Evans & Dixon Harvey G. Schneider K. Steven Jones William W. Evans Gerri S. Langton Peter B. Hoffman Edward W. Warner James B. Kennedy John G. Enright Eugene R. Buckley William J. Glaser Henry D. Menghini Kortenhof & Ely Michael R. Swafford Robert M. Evans Joseph M. Kortenhof

*(Corporate members may designate a total of ten individual members)

Sixteenth Circuit Publishes Hi~tory

The First Jackson County Courthouse In Independence. On February 16, 1825, the Missouri State Legislature authorized the "County 6f Jackson". Two years later the first courthouse, a two room log house, was built in Independence by Daniel P. Lewis for $150.00.

The Circuit Court of Jackson County has First Circuit, the area encompassed by the present recently published a History of The Sixteenth Sixteenth Judicial Circuit has been variously Judicial Circuit. Compiling of material for the known as a part of the Fifth Circuit, 1831, the Sixth history was begun during the term of Presiding Circuit, 1841, and the Twenty-fourth Circuit, 1871. Judge Forest M. Hanna and completed under the It was renamed the Sixteenth Circuit in 1892. direction of Presiding Judge William F. Maurer. In addition to describing historical events of the Graduate and law students did the research work circuit, the publication contains brief biographical and drafted the preliminary edition which was sketches of each of the judges who have served then condensed and edited by Professor William on the circuit's bench. It also contains photo- H. Taft, a retired faculty member of the University graphs of each of the buildings which have served of Missouri School of Journalism. as the circuit's 'courthouse', including the log The 74 page publication covers the history of building which was the first courthouse and which the circuit from its creation as the First Circuit, is still standing, although on a different site. encompassing roughly half of the state of Additional information concerning the history Missouri, in 1826, to the present time when its may be obtained from Jaci L. Morgan, Legal jurisdiction is confined to the boundaries of Counsel, Circuit Court of Jackson County, 415 Jackson County. In addition to being Missouri's East 12th Street, Kansas City, MO 64106 9 The Missouri Supreme Court Historical Journal Published periodically by The Missouri Supreme Court Society P.O. Box 448 Jefferson City, MO 65102

Trustees Editor - E.A. Richter William Aull Associate Editor - D.A. Divilbiss William H. Bates David E. Blanton Officers IIus W. Davis Chairman of the Board William H. Leedy John K. Hulston President James A. Finch, Jr. D. Jeff Lance First Vice President Mrs. Sinclair S. Gottlieb Senator Emory Melton Second Vice President William A.R. Dalton June P. Morgan Third Vice President Paul W. Barrett Stuart Symington, Jr. Secretary-Treasurer David Brydon Avis G. Tucker Asst. Secretary-Treasurer Mrs. D.A. Divilbiss Judge Stephen N. Limbaugh

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The Missouri Supreme Court Society P.O. Box 448 Nonprofit Org. U.S. Postage Jefferson City, MO 65102 PAID Jefferson City, Mo. PERMIT NO. 181