History of the Supreme Court of North Carolina

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, be- ginning 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 re- tire 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 prac- tice 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 ar- bitrator to serve on the Board of Arbitration, later elected chair- man 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 investi- gate and report concerning a number of disputes existing between the L. & A. and L. A. & T. Railroads and certain of their em- ployees. 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 in- volving the Delaware & Hudson Railroad. President Roosevelt ap- pointed him chairman of the National Steel & Textile Labor Rela- tions Board in 1934. In 1938, the President appointed him chair- man 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 mem- ber 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 ap- pointed 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 suc- ceed 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 be- came known as the ('White Supremacy Legielature." He also served as Solicitor of the Twelfth Judicial District from 1904 until 1910.

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