Homer R. Spence Explained

Homer Roberts Spence
Office:Associate Justice of the California Supreme Court
Termstart:January 2, 1945
Termend:June 1, 1960
Predecessor:Jesse W. Curtis Sr.
Successor:Maurice T. Dooling Jr.
Office1:Associate Justice of the California Court of Appeal, First District
Termstart1:1930
Termend1:January 1, 1945
Appointer1:Governor C. C. Young
Predecessor1:John T. Nourse
Successor1:C. J. Goodell
State Assembly2:California
District2:35th district
Term2:January 3, 1921 - January 3, 1927
Predecessor2:William J. Locke
Successor2:Roy Bishop
Birth Date:15 March 1891
Birth Place:San Francisco, California, U.S.
Death Place:Oakland, California, U.S.
Party:Republican
Alma Mater:Stanford University (B.A.)
Stanford Law School (LL.B.)

Homer Roberts Spence (March 15, 1891  - July 1, 1973) was an Associate Justice of the California Supreme Court (1945-1960) and a justice of the District Court of Appeal, First District (1930-1945).[1]

Biography

Spence was born on March 15, 1891, in San Francisco, California, and educated in the public schools, including Mastick Grammar School (class of 1904) and Alameda High School.[2] [3] In 1913, he graduated from Stanford University with a B.A. degree in pre-legal studies.[4] He continued his studies at Stanford Law School, graduating in 1915 with a LL.B. degree, was admitted to the California bar, and entered private practice.[5]

In 1920, Spence was elected as a Republican Assemblyman from Oakland's 35th district in the California State Assembly,[6] and in January 1925 his name was considered for the position of speaker of the house.[7] [8] Afterwards, he served as private secretary to Governor C. C. Young, accompanying him on a fishing trip to the Yosemite Valley in June 1927.[9] [10] On October 3, 1927, when Spence was ready to depart the governor's office, Young appointed Spence to a seat on the Alameda County Superior Court.[10] [11] [12] In September 1928, Spence ran unopposed and was elected to a new term on the superior court.[13]

In March 1930, Governor Young elevated Spence to the Court of Appeal.[14] In September 1930, during the next election, Spence successfully ran for a seat on the Court of Appeal, First District, with an unexpired term ending January 1933, winning over Frank Deasy, presiding judge of the San Francisco Municipal Court.[15] [16] [17]

In December 1944, Governor Earl Warren appointed Spence as an associate justice of the California Supreme Court,[18] and he began his term on January 2, 1945. Spence replaced Jesse W. Curtis Sr., who retired in December 1944.[19] [20] In November 1950, Spence successfully ran for re-election.[21] While on the court, Spence was one of three Justices joining in dissent from the holding in Perez v. Sharp,[22] in which the court held by a vote of 4 to 3 that interracial bans on marriage violated the Fourteenth Amendment to the United States Constitution and therefore were illegal in California.[23] On June 1, 1960, Spence resigned from the high court and in his place Governor Pat Brown appointed Maurice T. Dooling Jr.[24]

Spence died on July 1, 1973, in Oakland.

Personal life

On November 15, 1952, Spence married Frances Davie Horton, a widow in San Francisco.[25]

External links

See also

Notes and References

  1. http://content.cdlib.org/view?docId=kt2j49n5p1&brand=calisphere&doc.view=entire_text Earl Warren Oral History Project
  2. News: Many Graduate from School. July 29, 2017. San Francisco Call. 3. California Digital Newspaper Collection. 3 June 1904. 96. 6. Mastic School...Homer R. Spence..
  3. News: Supervisors of Play Are Named by Commission, Instructors to Direct Sports of Alameda Children. July 29, 2017. San Francisco Call. 12. California Digital Newspaper Collection. 12 June 1911. 110. 8. Homer Spence, a graduate of the Alameda high school, and who his taken a special course at Stanford university.
  4. News: Two Hundred in Graduating Class, List of Candidates for Degrees Announced at Stanford University. July 29, 2017. San Francisco Call. 162. California Digital Newspaper Collection. 11 May 1913. 113. 23.
  5. The 75th Anniversary Reunion. Stanford Lawyer. Spring 1968. 14. July 29, 2017. And again there were the Honored Alumni, including those who were graduated in 1918 or be- fore. Their chairman was Judge Homer Spence '15.
  6. Web site: Join California - Homer R. Spence. joincalifornia.com.
  7. News: Legislators to Choose Leaders. July 29, 2017. Madera Mercury. 237. California Digital Newspaper Collection. 3 January 1925. 1. Homer Spence of Oakland and Senator Wright of San Jose have also been mentioned..
  8. News: Apportioning Group Chosen. July 29, 2017. San Bernardino Sun. 33. California Digital Newspaper Collection. 3 October 1926. 59. 17. Homer Spence, for several terms assemblyman from Alameda, and long recognized as a leader In state legislative matters..
  9. News: Young Stays on Job When Officials Fish. July 29, 2017. San Bernardino Sun. 88. California Digital Newspaper Collection. 7 June 1927. 60. 4. Officials on the fishing trip are Homer Spence, the governor's private secretary.
  10. News: Roberts. Homer L.. At the State Capital. July 29, 2017. Healdsburg Tribune. United Press. 278. California Digital Newspaper Collection. 3 October 1927. 4.
  11. News: Sierra County's Only Lawyer Appointed to Bench by Young. July 29, 2017. San Bernardino Sun. 21. California Digital Newspaper Collection. 21 March 1930. 66. 1.
  12. News: Ahearn Damage Suit is Ordered Back For Retrial. July 29, 2017. Livermore Journal. 49. California Digital Newspaper Collection. 15 August 1929. 10. 1.
  13. News: August Primary Campaign Opens. July 29, 2017. Livermore Journal. 38. California Digital Newspaper Collection. 31 May 1928. 9. 6.
  14. News: Spence Named to High Court. July 29, 2017. Healdsburg Tribune. United Press. 112. California Digital Newspaper Collection. 17 March 1930. 2.
  15. News: Incumbents in Equalization Board Victors. July 29, 2017. San Bernardino Sun. 181. California Digital Newspaper Collection. 28 August 1930. 66. 2.
  16. News: Letter to the Editor from Homer R. Spence. July 29, 2017. Sausalito News. 39. California Digital Newspaper Collection. 26 September 1930. 2.
  17. News: Tuesday's Primary to Bring Out Big Vote in Marin Co.. July 29, 2017. Sausalito News. 34. California Digital Newspaper Collection. 22 August 1930. 12.
  18. News: Warren Submits Name Spence For Justice. July 29, 2017. Madera Tribune. 241. California Digital Newspaper Collection. 12 December 1944. 6.
  19. News: County Bar to Honor Curtis. July 29, 2017. San Bernardino Sun. 51. California Digital Newspaper Collection. 23 February 1945. 11.
  20. News: Former Supreme Court Justice Given Tributes. July 29, 2017. San Bernardino Sun. 51. California Digital Newspaper Collection. 7 March 1945. 10. Associate justices of the supreme court introduced by the chief justice were John W. Shenk, Douglas L. Edmonds, Roger J. Traynor, Jesse W. Carter, B. Rey Schauer and Homer R. Spence, the latter recently appointed to succeed Justice Curtis..
  21. News: The Candidates and Propositions. July 29, 2017. Healdsburg Tribune, Enterprise and Scimitar. 6. California Digital Newspaper Collection. 2 November 1950. 16.
  22. 198 P.2d 17 (Cal. 1948) (en banc).
  23. Rose Cuison Villazor and Kevin Noble Maillard, Loving v. Virginia in a Post-Racial World: Rethinking Race, Sex, and Marriage (2012), p. 78.
  24. News: Governor Picks Dooling for High Court. July 28, 2017. Madera Tribune. 250. California Digital Newspaper Collection. 2 May 1960. 8.
  25. News: Judge, Widow Marry. July 29, 2017. San Bernardino Sun. 66. California Digital Newspaper Collection. 17 November 1952. 59. 4.

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