William H. Barnes (jurist)
William H. Barnes | |
---|---|
Associate Justice, Arizona Territorial Supreme Court | |
In office October 31, 1885 – November 2, 1889 | |
Nominated by | Grover Cleveland |
Preceded by | William F. Fitzgerald |
Succeeded by | Richard Elihu Sloan |
Personal details | |
Born | Hampton, Connecticut | May 14, 1843
Died | November 10, 1904 Tucson, Arizona Territory | (aged 61)
Political party | Democratic |
Spouse | Belle Jane Daily |
Profession | Attorney |
William Henry Barnes (May 14, 1843 – November 10, 1904) was an American jurist who served as Assistant Justice on the Arizona Territorial Supreme Court from 1885 till 1889.
Background
Barnes was born on May 14, 1843, in
In Jacksonville, Barnes became active in Democratic party politics. From 1865 till 1885, he was a delegate to the party's state convention.[6] Barnes was a delegate to the Illinois constitutional convention in 1870 and represented Morgan County in the Illinois General Assembly, in the Illinois House of Representatives, in 1872.[7][8] He also represented Illinois at the 1876, 1880, and 1884 Democratic National Convention.[4]
Associate Justice
After President Grover Cleveland was inaugurated, Adlai Stevenson I, Lyman Trumbull, and other members of the Illinois congressional delegation recommended Barnes for a territorial judgeship.[5] The president acted upon these recommendations and gave Barnes a recess appointment on October 23, 1885.[9][5] He arrived and took his oath of office on October 31, 1885.[10][11] The new Associate Justice was assigned to Arizona Territory's first district, comprising Cochise, Graham, and Pima counties. Barnes moved to Tucson where he lived for the rest of his life. Senate confirmation of his appointment came on May 28, 1886.[5]
A number of his decisions survive from Barnes' time on the bench. While dealing with tax matters, Bares ruled in Atlantic & Pacific Railroad Company v. Leseur (1888), 2 Arizona 428 that the power to tax that was given to the territory by the federal government was to be liberally construed and that for property to be exempt from said taxation it required a specific exemption. He reiterated this ruling in Territory of Arizona v. Delinquent Tax List (1889), 3 Arizona 177, adding that the territory's district courts did not have the authority to determine if tax rates were excessive, but could only intervene judicially in cases of fraud.
Barnes dealt with several procedural issues as a judge. In Johnson v. Tully (1887), 2 Arizona 223, he ruled that because the plaintiff had agreed to a settlement of $4,304.93 in a suit before the Arizona Territorial Supreme Court, he had given up the option of further appeal to the Supreme Court of the United States which required a minimum contested sum of $5,000 in any appealed dispute. In Bryan v. Pinney (1888), 2 Arizona 390, Barnes ruled that adjourned terms of the territorial supreme court were not continuations of the previous term but were instead separate and distinct sessions.[12] Finally, Barnes wrote in Insane Asylum v. Wolfley (1889), 3 Arizona 132, which dealt with a writ of mandamus that "The court ought not to issue the writ unless it is prepared to enforce (it)."[13]
One of the final issues Barnes dealt with from the bench was the
Later life
After leaving the bench, Barnes returned to private legal practice.
In 1895, Barnes became the second president of the Arizona Bar Association, a position he held for two years.
Barnes died in his home around 9:00 pm on November 10, 1904, after becoming suddenly ill.[3][4] He was buried in Tucson's Evergreen Cemetery.[20]
References
- ^ a b Goff 1975, p. 104.
- ^ a b c d McClintock 1916b, p. 422.
- ^ a b c d "Judge Barnes is Dead". The Coconino Sun. Flagstaff, Arizona Territory. November 12, 1904. p. 8.
- ^ a b c d e "Judge Barnes is Dead". The Bisbee Daily Review. November 12, 1904. p. 8.
- ^ a b c d e Goff 1975, p. 105.
- ^ McClintock 1916b, p. 425.
- ^ "William H. Barnes". Omaha Daily Bee. November 13, 1904. p. 2.
- ^ 'Rummel's Illinois Handbook and Legislative Manual for 1871,' Edward Rummel – Illinois Secretary of State, John M. Snyder and Daniel A. Ray. Illinois State Register Printing Office: 1871, Roster of Members of the Illinois House of Representatives, p. 178
- ^ "Changes in Offices". Evening Star. Washington D.C. October 23, 1885. p. 1.
- ^ "Judge W. H. Barnes". The Clifton Clarion. November 4, 1885.
- ^ "District Court Reopened". Arizona Daily Star. November 1, 1885.
- ^ a b Goff 1975, p. 106.
- ^ Goff 1975, pp. 106–07.
- ^ Wagoner 1970, p. 266.
- ^ a b "Trouble between Judge Barnes and the Grand Jury". Mohave County Miner. Mineral Park, Arizona Territory. October 5, 1889. p. 2.
- ^ McClintock 1916a, p. 472.
- ^ Goff 1968, p. 213.
- ^ "Washington Notes". Los Angeles Daily Herald. October 18, 1889. p. 4.
- ^ "Richard E. Sloan". Arizona Daily Star. November 3, 1889.
- ^ a b c d Goff 1975, p. 107.
- ^ Wagoner 1970, pp. 288–89.
- ^ "Turns to Republicanism". The Coconino Sun. Flagstaff, Arizona Territory. September 24, 1904.
- Goff, John S. (July 1968). "The Appointment, Tenure and Removal of Territorial Judges: Arizona – A Case Study". The American Journal of Legal History. 12 (3). Temple University: 211–31. JSTOR 844126.
- —— (1975). Arizona Territorial Officials Volume I: The Supreme Court Justices 1863–1912. Cave Creek, Arizona: Black Mountain Press. OCLC 1622668.
- OCLC 5398889.
- —— (1916b). Arizona: Prehistoric – Aboriginal – Pioneer – Modern. Vol. III. Chicago: S.J. Clarke Publishing Company. OCLC 5398889.
- Wagoner, Jay J. (1970). Arizona Territory 1863–1912: A Political history. Tucson: University of Arizona Press. ISBN 0-8165-0176-9.