John Forrest Dillon
This article includes a improve this article by introducing more precise citations. (June 2023) ) |
John Forrest Dillon | |
---|---|
Judge of the United States Circuit Court for the Eighth Circuit | |
In office December 22, 1869 – September 1, 1879 | |
Appointed by | Ulysses S. Grant |
Preceded by | Office established |
Succeeded by | George W. McCrary |
Personal details | |
Born | John Forrest Dillon December 25, 1831 read law |
John Forrest Dillon (December 25, 1831 – May 6, 1914) was an American
Education and career
Born on December 25, 1831, in
Federal judicial service
Dillon was nominated by President Ulysses S. Grant on December 9, 1869, to the United States Circuit Court for the Eighth Circuit, to a new seat authorized by 16 Stat. 44.[1] He was confirmed by the United States Senate on December 22, 1869, and received his commission the same day.[1] His service terminated on September 1, 1879, due to his resignation.[1]
Scholarship and notable ruling
While on the federal bench, Dillon wrote Municipal Corporations (1872), one of the earliest systematic studies of the subject.[citation needed] He also authored Removal of Cases from State Courts to Federal Courts and Municipal Bonds, both in 1876.[citation needed] On February 17, 1876, during the Whiskey Ring graft prosecutions, Justice Dillon ruled Ulysses S. Grant's deposition for Orville E. Babcock was admissible in court.[2]
Later career
Following his resignation from the federal bench, Dillon was a professor of law for Columbia University from 1879 to 1882.[1] He resumed private practice in New York City, New York from 1882 to 1914.[1] He was the Storrs professor of law at Yale University from 1891 to 1892,[1] during which time he wrote The Laws and Jurisprudence of England and America: Being a Series of Lectures Delivered Before Yale University.[3] He died on May 6, 1914, in New York City.[1]
Memorial
A memorial fountain to Dillon was erected in downtown Davenport in 1918, carved of Indiana limestone in Romanesque style, by sculptor Harry Liva.[citation needed]
Family
This section needs additional citations for verification. (June 2023) |
In 1853, Dillon married Anna Margery Price (born June 19, 1835). They had two sons and a daughter. Anna and their daughter, Mrs. Annie Dillon Oliver, died in the sinking of the French ocean liner La Bourgogne in July 1898. Dillon's oldest son, Hiram Price Dillon (1855–1918), became a lawyer in Iowa and a Master of Chancery in federal court.
John F. Dillon's sister married John B. Jordan, a merchant. That marriage produced a daughter, Jennie, who married Louis Stengel. Louis and Jennie Stengel were the parents of Casey Stengel, who had a long career as a baseball player and manager.
Dillon's Rule
This section needs additional citations for verification. (March 2023) |
The theory of state preeminence over local governments was expressed as Dillon's Rule in an 1868 case: "Municipal corporations owe their origin to, and derive their powers and rights wholly from, the legislature. It breathes into them the breath of life, without which they cannot exist. As it creates, so may it destroy. If it may destroy, it may abridge and control".
In Municipal Corporations (1872), Dillon explained that in contrast to the powers of states, which are unlimited but for express restrictions under the state or federal constitution, municipalities only have the powers that are expressly granted to them.[6] This formulation of the scope of municipal power came to be known as "Dillon's Rule."[citation needed]
The
References
- ^ a b c d e f g h i j k l m n John Forrest Dillon at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- ^ Timothy Rives (2000). "Grant, Babcock, and the Whiskey Ring, Part 2".
- ^ Dillon, John F. (1894). The Laws and Jurisprudence of England and America: Being a Series of Lectures Delivered Before Yale University. Boston: Little, Brown, and Company.
- ^ Clinton v Cedar Rapids and the Missouri River Railroad, (24 Iowa 455; 1868).
- ^ People v. Hurlbut, (24 Mich 44, 95; 1871).
- ^ West's Encyclopedia of American Law (2005). "Municipal Corporation". Retrieved 2009-12-14.
- ^ Hunter v. Pittsburgh, 207 U.S. 161 (1907)
- ^ Trenton v. New Jersey, 262 U.S. 182 (1923)
Sources
- Gerald E. Fruget al., Local Government Law, 3rd ed. pp. 139–158. West Publishing, 2001.
- See 1980) for an example of the minority, critical view.
- David Y. Miller, The Regional Governing of Metropolitan America, pp. 1–2. Westview Press, 2002.
- Robert W. Creamer, "Stengel: His Life and Times," pp. 21–23.
- John Forrest Dillon at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- Iowa Judicial Branch Past Iowa Supreme Court Justices page for John Forrest Dillon at the Wayback Machine (archived 2015-09-24)