Augustus Rhodes Explained

Augustus Loring Rhodes
Order:10th
Office:Chief Justice of California
Termstart:January 1, 1870
Termend:January 1, 1872
Nominator:Direct election
Predecessor:Lorenzo Sawyer
Successor:Royal Sprague
Office2:Associate Justice of the Supreme Court of California
Termstart2:1864
Termend2:1870
Termstart3:1872
Termend3:1880
Birth Date:25 May 1821
Birth Place:Oneida County, New York, U.S.
Death Place:San Jose, Santa Clara County, California, U.S.
Alma Mater:Hamilton College

Augustus Loring Rhodes (May 25, 1821  - October 23, 1918)[1] was the 10th Chief Justice of California.

Biography

Educated at Hamilton College, Rhodes studied law and then moved to Bloomfield, Indiana, being admitted to the bar there in 1846.[2] He served one term as the prosecuting attorney for the circuit court (1849), and departed for California in 1854.[3] Settling in San Jose, he became district attorney in 1859 and then State Senator for the 4th district in 1860.[4]

In 1863, a constitutional amendment meant all of the seats of the Supreme Court of California were open for election.[5] In October 1863, Rhodes was elected to the Supreme Court of California, and served from January 2, 1864, until 1880.[6] [7] He served as the 10th Chief Justice from 1870 to 1872.[8] [9] [10] [11] His first term expired January 1, 1872, and the Court referred the issue of whether he would continue to serve as Chief Justice to a panel of three San Francisco attorneys.[12] They decided that Article 6, Section 3, of the 1862 state Constitution required the justice with the shortest remaining term to serve, and so Royal Sprague replaced Rhodes as chief justice.[12] In October 1871, Rhodes was elected to a ten-year term.[13] A new Constitution adopted in 1879 required elections for all Supreme Court positions. In 1879, he ran for Chief Justice but lost to Robert F. Morrison.[14] [15]

From 1899 to 1907, he served as a Superior Court judge in Santa Clara County.[16] [17] [18] The vacancy on the trial bench caused by Rhodes's retirement (at the age of 88) was filled by John E. Richards.[19]

Rhodes remained active to an advanced age; he gave an address at the annual convention of the California Bar Association in June 1918, four months before his death at the age of 97.[20]

Personal life

On September 30, 1846, Rhodes married Elizabeth Greene Cavins (April 7, 1829  - December 25, 1901),[21] a judge's daughter in Greene County, Indiana.[22] They had six children: Mary Rhodes (Barstow) (born 1848), who married the son of her father's law partner;[23] James H. Rhodes (born 1849); Samuel R. Rhodes (born 1854), who became a doctor; Margaret Rhodes (1857-1870); Edward Livingston Rhodes (1860-1945), who joined his father's law firm of Rhodes & Barstow after graduating from the University of California, Berkeley, and later served as a justice of the peace in Chino, California;[24] [25] [26] and Augusta E. Rhodes (born 1868).[22]

See also

External links

Notes and References

  1. Book: Hart. Ann Clark. San Francisco's Laurel Hill. 1940. 30. July 10, 2017.
  2. Book: Hamilton College Catalogue. 1907. Hamilton College. Clinton, N.Y.. 50. Class Secretaries, Class of 1841, Augustus Rhodes.
  3. Book: Johnson. J. Edward. History of the California Supreme Court: The Justices 1850-1900, vol 1. 1963. Bender Moss Co. San Francisco, CA. 98–100. August 14, 2017. https://web.archive.org/web/20161227124913/http://library.courtinfo.ca.gov/included/docs/SCJC_Vol_1.pdf. December 27, 2016. dead.
  4. News: Will Honor Judge Rhodes. July 10, 2017. San Francisco Call. 25. California Digital Newspaper Collection. 25 June 1904. 96. 2. In 1859 he was elected District Attorney in this county, and in 1860 was elected State Senator to represent Santa Clara and Alameda counties..
  5. News: The Supreme Court. July 18, 2017. San Francisco Call. Library of Congress, Chronicling America. June 22, 1895. 5. Under the constitutional provision, on October 21, 1863, Oscar L. Shafter, Lorenzo Sawyer, Silas W. Sanderson, John Curry and A. L. Rhodes were elected Supreme Court Justices. The new court organized January 2, 1864, and in accordance with law, the Judges drew lots to determine the tenure of their official terms, with the following result: Shafter drew for ten years, Rhodes for eight. Sawyer for six, Curry for four and Sanderson for two..
  6. McClain. Charles J.. Pioneers on the Bench, 1849–1879. California Supreme Court Historical Society Newsletter. Spring 2016. 1–4.
  7. News: State Government, Judicial Department, Supreme Court. July 8, 2017. Sacramento Daily Union. 3988. California Digital Newspaper Collection. 1 January 1864. 26. 1.
  8. http://www.cschs.org/02_history/02_c.html California Supreme Court Historical Society
  9. News: Our Supreme Court. July 8, 2017. Sacramento Daily Union. 7498. California Digital Newspaper Collection. 25 May 1872. 43. 8.
  10. History of California, Volume 24, Bancroft, Oak, Nemos, and Victor, The History Company, 1890, p. 235 (note 12)
  11. News: For Judges of the Supreme Court, to fill the places now occupied by Chief Justice Rhodes and Justice Temple. July 10, 2017. Sonoma Democrat. 18. California Digital Newspaper Collection. 11 February 1871. 4.
  12. News: Our Judicial Election. July 10, 2017. Sacramento Daily Union. 6932. California Digital Newspaper Collection. 21 June 1873. 44. 4. At the expiration of the first term of Chief Justice Rhodes, January 1st, 1872..
  13. News: The State Judicial Elections. July 9, 2017. Daily Alta California. 8596. California Digital Newspaper Collection. 11 October 1873. 25. 2. Justice Rhodes, elected in 1871, to retire in 1881..
  14. News: The Supreme Bench: Vote Returns. July 9, 2017. Tocsin. 50. California Digital Newspaper Collection. 4 October 1879. 3.
  15. Uelmen. Gerald F.. California Judicial Retention Elections. Santa Clara Law Review. 1988. 28. 2. 333–377, 335. July 10, 2017. Table 1, Incumbent Justices Defeated for Reelection, 1880, August Rhodes defeated by Robert Morrison.
  16. News: Superior Judge Rhodes Retires from the Bench. July 10, 2017. San Francisco Call. 95. California Digital Newspaper Collection. 3 September 1907. 102. 7.
  17. http://files.usgwarchives.net/ca/santaclara/history/1922/historyo/chapterx477nms.txt History of Santa Clara County, California
  18. News: Judge Rhodes to be Banqueted. July 10, 2017. San Francisco Call. 9. California Digital Newspaper Collection. 9 June 1904. 96. 3.
  19. News: Judge Richards Installed. July 18, 2017. San Francisco Call. 102. California Digital Newspaper Collection. 12 September 1907. 7.
  20. Proceedings of the annual convention, California Bar Association, volume 9, 1918
  21. http://boards.ancestry.ca/localities.northam.usa.states.indiana.counties.greene/3337/mb.ashx Ancestry.com message board giving dates for Elizabeth Cavins Rhodes.
  22. News: The Day's Dead. July 18, 2017. San Francisco Call. 26. California Digital Newspaper Collection. 26 December 1901. 91. 9.
  23. News: Want a Deed. July 18, 2017. Evening Sentinel. 65. California Digital Newspaper Collection. 16 August 1898. 3. 3.
  24. News: Late Telegrams. July 18, 2017. Los Angeles Herald. 147. California Digital Newspaper Collection. 29 July 1881. 15. 1.
  25. News: Leap Year Orange Blossoms. July 18, 2017. Sacramento Daily Union. 135. California Digital Newspaper Collection. 26 January 1888. 58. 3.
  26. News: Willie Will Have to Face a More Serious Charge. July 18, 2017. Evening Transcript. 175. California Digital Newspaper Collection. 27 March 1901. 5. 3.

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