David Taylor (Wisconsin judge)

{{Short description|19th century American lawyer and judge, justice of the Wisconsin Supreme Court}}

{{Infobox officeholder

|honorific-prefix = The Honorable

|name = David Taylor

|image = Judge David Taylor.png

|office = Associate Justice of the Wisconsin Supreme Court

|term_start = April 18, 1878

|term_end = April 3, 1891

|predecessor = New Seat

|successor = John B. Winslow

|office1 = Wisconsin Circuit Court Judge {{nowrap|for the 4th Circuit}}

|appointer1 = Alexander Randall

|term_start1 = July 1, 1858

|term_end1 = December 31, 1868

|predecessor1 = William R. Gorsline

|successor1 = Campbell McLean

|state2 = Wisconsin

|state_senate2 = Wisconsin

|district2 = 1st

|term_start2 = January 4, 1869

|term_end2 = January 2, 1871

|predecessor2 = Robert H. Hotchkiss

|successor2 = John H. Jones

|term_start3 = January 1, 1855

|term_end3 = January 5, 1857

|predecessor3 = Horatio N. Smith

|successor3 = Elijah Fox Cook

|state_assembly4 = Wisconsin

|district4 = Sheboygan 1st

|term_start4 = January 3, 1853

|term_end4 = January 2, 1854

|predecessor4 = James McMillan Shafter

|successor4 = Adolph Rosenthal

|office5 = District Attorney of Sheboygan County, Wisconsin Territory

|term_start5 = January 1, 1847

|term_end5 = January 1, 1848

|predecessor5 = D. U. Harrington

|successor5 = John Sharpstein

|party = {{unbulleted list

| Republican

| Whig (before 1854)

}}

|birth_date = {{Birth date|1818|3|11}}

|birth_place = Carlisle, New York, U.S.

|death_date = {{Death date and age|1891|4|3|1818|3|11}}

|death_place = Madison, Wisconsin, U.S.

|death_cause = Heart attack

|restingplace = Wildwood Cemetery, {{nowrap|Sheboygan, Wisconsin}}

|spouse = {{unbulleted list

| Mary Salome Calender

| (died 1898)

}}

|children = {{unbulleted list

| Mary Esther (McDonnell)

| {{sup|(b. 1860; died 1952)}}

| Alma (Roys)

| {{sup|(b. 1876; died 1974)}}

| Jerry Taylor

| Alice Taylor

| David Taylor

| 1 other son

}}

|alma_mater = Union College

|occupation = lawyer, politician, judge

}}

David W. Taylor (March 11, 1818{{spaced ndash}}April 3, 1891) was an American attorney, judge, and Republican politician. He was a justice of the Wisconsin Supreme Court for the last 13 years of his life (1878–1891). Previously, he served ten years as a Wisconsin circuit court judge and was a member of the Wisconsin State Senate and Assembly.

Early life

Born in Carlisle, New York,{{cite news |url=https://www.newspapers.com/clip/7197676/david_taylor_18181891/ |title= Judge Taylor Dead |newspaper= Green Bay Weekly Gazette |date= April 8, 1891 |page=2 |via = Newspapers.com |access-date = October 27, 2016 }} {{Open access}} Taylor graduated from Union College in 1841 and was admitted to the New York Bar at Cobleskill, in 1844. He practiced law in New York for two years before moving to the Wisconsin Territory in 1846.{{cite web|url= https://www.wisconsinhistory.org/Records/Article/CS13593 |title= Taylor, David 1818 - 1891 |website= Wisconsin Historical Society |access-date= April 15, 2021 }}

Career

Taylor first visited Milwaukee and Green Bay, but decided to settle in Sheboygan. He arrived in Sheboygan by boat, on the same ship that brought Harrison Carroll Hobart—the two men would establish the first legal firms in the city. Taylor partnered with Cyrus Hiller, creating a firm known as Taylor & Hiller.{{cite book|url= https://archive.org/details/historyofbenchba01berr/ |title= History of the bench and bar of Wisconsin |publisher= H. C. Cooper, Jr. |year= 1898 |location=Chicago |last= Berryman |first= John R. |pages= 204–213 |chapter= David Taylor |chapter-url= https://archive.org/details/historyofbenchba01berr/page/204/ |accessdate= April 12, 2021 }}{{rp|204}} That fall, he was elected district attorney of Sheboygan County for a one-year term.{{cite book |url= https://archive.org/details/historysheboyga00compgoog/ |title= History of Sheboygan County, Wisconsin, Past and Present |publisher= S. J. Clarke Publishing Co. |year= 1912 |last= Zillier |first= Carl |location= Chicago |pages= 106 |accessdate= April 12, 2021 }}

In 1852, he was elected from Sheboygan County's 1st district to the Wisconsin State Assembly for the 1853 legislative session. At this time, he was a member of the Whig Party, but would soon after become a member of the newly established Republican Party. In his one term in the Assembly, Taylor served on the committee for education, schools, and university lands, the committee on state affairs, and the committee on finance.{{cite report|url=http://digital.library.wisc.edu/1711.dl/WI.WIBlueBk1853 |title= Manual for the use of the Assembly of the state of Wisconsin for the year 1853 |publisher= State of Wisconsin |year= 1853 |location=Madison, Wisconsin |chapter-url= https://images.library.wisc.edu/WI/EFacs/WIBlueBks/BlueBks/WIBlueBk1853/reference/wi.wibluebk1853.i0020.pdf |chapter= Standing Committees of the Assembly |pages= 109–110 |accessdate= April 12, 2021 }} Taylor was renominated by the Whig Party for another term in the Assembly,{{cite news|url= https://www.newspapers.com/clip/75635708/taylor-renominated/ |title= David Taylor, Esq. |newspaper= Wisconsin State Journal |date= October 31, 1853 |page= 2 |accessdate= April 12, 2021 |via=Newspapers.com }} but was defeated by Democrat Adolph Rosenthal.

In 1854, he was elected to the Wisconsin State Senate as a Republican. During the 1855 session of the legislature, Taylor made an inquiry into the meaning of a number of disbursement payments to the then-Governor William A. Barstow. As a result, and possibly as an attempt to deter or embarrass Taylor, the Democratic majority offered to make him a committee of one to investigate the matter.{{cite news|url= https://www.newspapers.com/clip/75738855/taylor-investigates-barstow/ |title= Smoking out the Balance |newspaper= Wisconsin State Journal |date= February 8, 1855 |page= 2 |accessdate= April 14, 2021 |via=Newspapers.com }} Taylor researched the matter and concluded that Barstow had improperly claimed $600 (approximately $17,000 adjusted for inflation to 2021). The investigation added to a building narrative about corruption in the Barstow administration, and Barstow was ultimately narrowly defeated in the 1855 gubernatorial election. The report also made Taylor a Democratic target for retribution and personal grudges for the rest of his career. He did not seek renomination to another term in the Senate in 1856.

At the 1857 Republican State Convention, his name was placed in nomination for Governor of Wisconsin, amidst the rivalry between Edward D. Holton and Walter D. McIndoe. Ultimately, Alexander Randall was chosen as the consensus alternative.{{cite news|url= https://www.newspapers.com/clip/75766462/randall-nominated/ |title= Judge Randall Nominated |newspaper= Wisconsin State Journal |date= September 3, 1857 |page=2 |accessdate= April 14, 2021 |via=Newspapers.com }} Less than a year later, on the resignation of Judge William R. Gorsline, Governor Randall appointed Taylor as Wisconsin circuit court judge for the 4th circuit.{{cite news|url= https://www.newspapers.com/clip/75766560/appointments-by-governor/ |title= Appointments by the Governor |newspaper= Wisconsin State Journal |date= July 10, 1858 |page= 2 |accessdate= April 14, 2021 |via= Newspapers.com }} At the time, the 4th circuit comprised Calumet, Fond du Lac, Manitowoc, and Sheboygan counties. The following April, Judge Taylor defeated a challenge from Isaac S. Tallmadge in an election to fill the remainder of Judge Gorsline's term.{{cite news|url= https://www.newspapers.com/clip/75782021/judicial-election/ |title= The Judicial Election |newspaper= The Racine Daily Journal |date= April 11, 1859 |page= 2 |accessdate= April 14, 2021 |via= Newspapers.com }} He was subsequently re-elected without opposition in 1862.{{cite news|url= https://www.newspapers.com/clip/75782305/judicial-election/ |title= Judicial Election |newspaper= The Watertown News |date= April 11, 1862 |page= 2 |accessdate= April 14, 2021 |via=Newspapers.com }} In 1868, Judge Taylor ran for a second six-year term but was defeated by Democrat Campbell McLean.{{cite news|url= https://www.newspapers.com/clip/75783387/wi-4th-circ-judicial-election/ |title= Result in the Fourth Circuit |newspaper= Wisconsin State Journal |date= April 20, 1868 |page= 1 |accessdate= April 14, 2021 |via= Newspapers.com }} Taylor's defeat was considered a major upset, as McLean was a lawyer of little significance who had served a term in the Assembly. Taylor was likely hurt among the German American population by his recent opposition to Sunday laws in Wisconsin.{{cite news|url= https://www.newspapers.com/clip/75784096/4th-circuit-election/ |title= The Circuit Judge Elections |newspaper= Wisconsin State Journal |date= March 31, 1868 |page= 1 |accessdate= April 14, 2021 |via= Newspapers.com }}

Undaunted, that fall he entered the race to reclaim his seat in the Wisconsin State Senate. Though he won the election, his seat was immediately contested on the grounds that he could not legally receive votes for a legislative seat while serving as a circuit court judge (his judicial term technically did not expire until December 1868). A formal complaint was introduced by Democratic Senator Edward S. Bragg in the first weeks of the new legislative session.{{cite news|url= https://www.newspapers.com/clip/75784757/taylor-contested/ |title= Wisconsin Legislature |newspaper= Wisconsin State Journal |date= January 19, 1869 |page= 1 |accessdate= April 14, 2021 |via=Newspapers.com }} After a brief hearing in the Senate Judiciary Committee, Senator Taylor's victory was certified and he was allowed to resume his duties.{{cite news|url= https://www.newspapers.com/clip/75785140/taylor-challenge/ |title= The Contested Seat in the Senate |newspaper= The Daily Milwaukee News |date= February 5, 1869 |page= 4 |accessdate= April 14, 2021 |via=Newspapers.com }} By far, Taylor's most significant legislative achievement of this term was his leadership in the passage of two resolutions, which led to the abolition of the grand jury system in Wisconsin.{{cite news|url= https://www.newspapers.com/clip/75785092/grand-jury-amendment/ |title= Abolition of the Grand Jury System |newspaper= Wisconsin State Journal |date= March 5, 1869 |page= 2 |accessdate= April 14, 2021 |via= Newspapers.com }}

=Revised Statutes=

Taylor did not seek re-election in 1870 and instead set to work on a new compilation of the statutes of Wisconsin with annotations relating to relevant judicial case law. Taylor had been appointed to a commission in 1857 which had produced the last compilation of the statutes.{{rp|206}} He published his compilation in 1871 in a 2,200-page compendium commonly referred to as Taylor's Statutes. When the state found it necessary to produce an updated version in 1875, the Wisconsin Supreme Court chose Judge Taylor as president of the commission managing the new compilation.{{cite web|url= https://www.wicourts.gov/courts/supreme/justices/retired/taylor.htm |title= Justice David Taylor |website= Wisconsin Court System |accessdate= April 14, 2021 }}{{cite news|url= https://www.newspapers.com/clip/75786332/revised-statutes/ |title= Revision of the Statutes |newspaper= Wisconsin State Journal |date= April 22, 1875 |page= 1 |accessdate= April 14, 2021 |via=Newspapers.com }} In the meantime, Judge Taylor relocated from Sheboygan to Fond du Lac, Wisconsin, and formed a new law partnership, first with J. M. Gillet, and then with George Eaton Sutherland.{{rp|206}}

=Supreme Court=

In 1878, the Wisconsin Supreme Court was set to expand from three seats to five, due to a constitutional amendment approved in 1877. A pre-determined compromise ensured that both new seats would be uncontested—the Democrats and Republicans would each choose one candidate to stand unopposed.{{rp|206}} Judge Taylor was promptly nominated by a conference of Republican state legislators as their candidate.{{cite news|url= https://www.newspapers.com/clip/75786617/taylor-nominated-wisc/ |title= Judge David Taylor Nominated for the Supreme Bench |newspaper= Wisconsin State Journal |date= February 20, 1878 |page= 4 |accessdate= April 14, 2021 |via= Newspapers.com }} He was elected alongside Democrat Harlow S. Orton without opposition.{{cite news|url= https://www.newspapers.com/clip/75786770/orton-and-taylor-elected/ |title= The Judicial Election |newspaper= The Wisconsin State Register |date= April 13, 1878 |page= 2 |accessdate= April 14, 2021 |via=Newspapers.com }} He was re-elected to a ten-year term in 1885, without serious opposition.{{cite report|url= http://digital.library.wisc.edu/1711.dl/WI.WIBlueBk1887 |title= The Blue Book of the state of Wisconsin |publisher= State of Wisconsin |year= 1887 |editor1-last= Timme |editor1-first= Ernst G. |chapter-url= https://images.library.wisc.edu/WI/EFacs/WIBlueBks/BlueBks/WIBlueBk1887/reference/wi.wibluebk1887.i0013.pdf |chapter= Election Statistics |page= 256 |accessdate= April 15, 2021 }}

Judge Taylor worked until the day of his death. He died of a sudden heart attack on April 3, 1891, after eating dinner at his home on West Wilson Street in Madison, Wisconsin.{{cite news|url= https://www.newspapers.com/clip/75788107/judge-taylor-dead/ |title= The Death of Judge Taylor, of the Supreme Court |newspaper= Wisconsin State Journal |date= April 4, 1891 |page= 4 |accessdate= April 15, 2021 |via= Newspapers.com }}

Family and legacy

He married Mary Salome Calender (1828–1898), with whom he had six children.

Much of his former estate in Sheboygan, Wisconsin, is now known as "Taylor Park" and is maintained by the Sheboygan County Historical Museum. The museum operates out of his former home within the park—known as the David Taylor House, it is listed in the National Register of Historic Places.{{cite web|url= http://www.wisconsinhistoricalmarkers.com/2015/08/taylor-park-home-of-hon-david-taylor.html |title= Taylor Park / Home of the Hon. David Taylor |website= Wisconsin Historical Markers |accessdate= April 15, 2021 }}{{cite web|url= https://www.wisconsinhistory.org/Records/Property/HI59736 |title= 3110 ERIE AVE |website= Wisconsin Historical Society |accessdate= April 15, 2021 }}

Electoral history

=Wisconsin Circuit Court (1859, 1862, 1868)=

{{Election box begin | title=Wisconsin Circuit Court, 4th Circuit Election, 1868}}

| colspan="6" style="text-align:center;background-color: #e9e9e9;"| General Election, April 7, 1868

{{Election box winning candidate with party link|

|party = Democratic Party (United States)

|candidate = Campbell McLean

|votes = 9,171

|percentage = 52.92%

|change =

}}

{{Election box candidate with party link|

|party = Republican Party (United States)

|candidate = David Taylor (incumbent)

|votes = 8,157

|percentage = 47.07%

|change =

}}

{{Election box candidate with party link|

|party =

|candidate = Scattering

|votes = 1

|percentage = 0.01%

|change =

}}

{{Election box plurality

|votes = 1,014

|percentage = 5.85%

|change =

}}

{{Election box total

|votes = 17,329

|percentage = 100.0%

|change =

}}

{{Election box gain with party link no swing

|winner = Democratic Party (United States)

|loser = Republican Party (United States)

}}

=Wisconsin Supreme Court (1878, 1885)=

{{Election box begin | title=1885 Wisconsin Supreme Court election}}

| colspan="6" style="text-align:center;background-color: #e9e9e9;"| General Election, April 7, 1885

{{Election box winning candidate with party link|

|party = Nonpartisan politician

|candidate = David Taylor (incumbent)

|votes = 192,324

|percentage = 98.91%

|change =

}}

{{Election box candidate with party link|

|party = Nonpartisan politician

|candidate = Levi M. Vilas

|votes = 2,018

|percentage = 1.04%

|change =

}}

{{Election box candidate with party link|

|party =

|candidate = Scattering

|votes = 99

|percentage = 0.05%

|change =

}}

{{Election box plurality

|votes = 190,306

|percentage = 97.87%

|change =

}}

{{Election box total

|votes = 194,441

|percentage = 100.0%

|change =

}}

Published works

{{cite book|url= https://books.google.com/books?id=qfpOAQAAIAAJ |title= The Revised Statutes of the State of Wisconsin |last= Taylor |first= David |publisher= E. B. Myers & Co. |location= Chicago |year= 1871 }}

References

External links

{{Find a Grave|88081618|David Taylor}}

{{s-ttl|title = {{nowrap|Member of the Wisconsin State Assembly}} {{nowrap|from the Sheboygan 1st district}}| years= January 12, 1853{{spaced ndash}}January 11, 1854 }}

{{s-ttl|title = {{nowrap|Member of the Wisconsin Senate}} {{nowrap|from the 1st district}}| years= January 10, 1855{{spaced ndash}}January 14, 1857 }}

{{s-ttl|title = {{nowrap|Member of the Wisconsin Senate}} {{nowrap|from the 1st district}}| years= January 13, 1869{{spaced ndash}}January 11, 1871 }}

{{s-ttl|title = {{nowrap|District Attorney of Sheboygan County, Wisconsin Territory}}| years= January 1, 1847{{spaced ndash}}January 1, 1848 }}

{{s-ttl|title = {{nowrap|Wisconsin Circuit Court Judge for the 4th Circuit}}| years= July 1, 1858{{spaced ndash}}December 31, 1868 }}

{{s-ttl|title = {{nowrap|Associate Justice of the Wisconsin Supreme Court}}| years= April 18, 1878{{spaced ndash}}April 3, 1891 }}

Category:People from Schoharie County, New York

Category:Politicians from Fond du Lac, Wisconsin

Category:Politicians from Sheboygan, Wisconsin

Category:Union College (New York) alumni

Category:District attorneys in Wisconsin

Category:Wisconsin circuit court judges

Category:Justices of the Wisconsin Supreme Court

Category:Members of the Wisconsin State Assembly

Category:Republican Party Wisconsin state senators