John Marshall (Kansas judge)
{{Short description|American judge (1858–1931)}}
{{Use mdy dates|date=January 2021}}
{{Use American English|date=January 2021}}
{{About|the Kansas Supreme Court justice|the fourth chief justice of the United States|John Marshall}}
{{Infobox officeholder
| honorific_prefix =
| name = John Marshall
| honorific_suffix =
| image = John Marshall (1858 – 1931).png
| caption = Justice John Marshall ({{circa|1916}})
| office = Kansas Supreme Court
| term_start = {{Start date|1915|11|1}}
| term_end = {{End date|1931|3|25}}
| nominator =
| appointer =
| predecessor =
| successor =
| birth_date = {{Birth date|mf=yes|1858|4|11}}
| birth_place = Logansport, Indiana, U.S.
| death_date = {{Death date and age|mf=yes|1931|3|25|1858|4|11}}
| death_place = Topeka, Kansas, U.S.
| death_cause = Prolonged illness
| occupation = Justice
| father = Humphrey Marshall
| mother = Margaret Marshall (née Rice)
| alma_mater = Kansas State University
| children = 3
| spouse = {{Marriage|Miss Addie Jenks|1882}}
}}
John Marshall (April 11, 1858 – March 25, 1931) was a justice of the Kansas Supreme Court from January 11, 1915, to March 25, 1931.{{Cite web |title=KS Courts - Historical Listing of Supreme Court Justices |url=https://www.kscourts.org/About-the-Courts/Supreme-Court/Historical-Listing-of-Supreme-Court-Justices |website=www.kscourts.org |access-date=15 September 2020}}
Life and education
Marshall was born April 11, 1858, in Logansport, Indiana, the son of Humphrey Marshall and Margaret Marshall (née Rice).{{cite web |title=The Political Graveyard: Index to Politicians: Marshall |url=http://politicalgraveyard.com/bio/marshall.html |website=politicalgraveyard.com |access-date=4 October 2020}}
The family then moved to Kansas in 1870, the state John would spend the rest of his life in.{{cite news |title=John Marshall for county attorney |url=https://www.newspapers.com/clip/60504836/john-marshall-for-county-attorney/ |access-date=4 October 2020 |work=The Moline Republican |date=30 October 1896 |pages=8}}{{Open access}}
He started his education in the Independence school district, while living in Grenola the place where his mother died while he was young and her grave is located.{{cite news |title=John Marshall - A boy without a home |url=https://www.newspapers.com/clip/60505980/john-marshall-a-boy-without-a-home/ |access-date=4 October 2020 |work=The Grenola Gazette |date=8 May 1913 |pages=1}}{{Open access}}
His father then moved back to Indiana but John stayed and lived with neighbors.
He acquired much of his education being self-taught, before going on to spend two years at Kansas State University where he graduated with high honors even though he suffered a severe measles attack during his education.{{cite news |title=Franks Marshall and John Marshall dead (not related) |url=https://www.newspapers.com/clip/60497974/franks-marshall-and-john-marshall-dead/ |access-date=4 October 2020 |work=The Iola Register |date=27 March 1931 |pages=4}}{{Open access}}
He qualified as a teacher holding a first grade teacher's certificate.
After University he returned to Elk county and married Addie Jenks of Mound Branch in 1882.
He served as a member of the school board of Howard, Kansas, for several years.
He was profoundly religious and it was said that he feared God and no one else.{{cite book |title=Reports of cases argued and determined in the Supreme court of the state of Kansas |year=1931 |pages=iii - vii |url=https://books.google.com/books?id=CqNPAQAAIAAJ&q=%22john+marshall%22 |access-date=4 October 2020 |language=en|last1=Supreme Court |first1=Kansas |last2=Banks |first2=Elliot V. |last3=Webb |first3=William Craw |last4=Randolph |first4=Asa Maxson Fitz |last5=Clemens |first5=Gasper Christopher |last6=Dewey |first6=Thomas Emmet |last7=Graham |first7=Llewellyn James |last8=Moore |first8=Oscar Leopold |last9=McCue |first9=Howard Franklin |last10=Hatcher |first10=Earl Hilton }}
Starting December 1915 he gave a series of addresses to the Second Presbyterian Church, in North Topeka, starting with "Am I a Jonah?"{{cite news |title=Judge John Marshall to Lecture at Presbyterian Church |url=https://www.newspapers.com/clip/60501842/judge-john-marshall-to-lecture-at/ |access-date=4 October 2020 |work=The Topeka State Journal |date=4 December 1915 |pages=3}}{{Open access}}
Career
In 1882 he was admitted to the bar in Elk County, with his first official position as mayor of Howard the city where he lived.{{cite news |title=Justice John Marshall |url=https://www.newspapers.com/clip/60499766/justice-john-marshall/ |access-date=4 October 2020 |work=The Washburn Review |date=16 February 1916 |pages=2}}{{Open access}}
He was then the Howard city attorney for several years, and then the Elk County Attorney from 1895 until 1899.
He later went on to become the Winfield city attorney and later an attorney for the Kansas State Temperance Union.
He also worked as the state assistant attorney general under Fred S. Jackson, and as attorney for the railroad commission and public utilities commission from 1911 to 1913.
He was a Republican throughout his career.
He was known for being an outstanding figure in the enforcement of the Kansas prohibition laws.
Three decades before his death he had been an attorney for the Anti-Saloon League and the creator of the "padlock plan" for controlling blind pigs.{{cite news |title=Justice Marshal Dead |url=https://www.newspapers.com/clip/60497312/justice-marshal-dead/ |access-date=4 October 2020 |work=Council Grove Republican |date=26 March 1931 |pages=1}}{{Open access}}
He also represented the Temperance Society of the Methodist Church in Colorado, and was part of the development of prohibition in Kansas.{{cite news |title=John Marshall, Supreme Court Justice - temperance and prohibition |url=https://www.newspapers.com/clip/60504215/john-marshall-supreme-court-justice/ |access-date=4 October 2020 |work=The Harris Commercial |date=10 December 1914 |pages=4}}
In January 1914 he announced that he would run for the Kansas Supreme Court with a desire to move from being John Marshall of Elk county to John Marshall of Kansas, he was living in Topeka at the time.{{cite news |title=John Marshall for Justice |url=https://www.newspapers.com/clip/60500074/john-marshall-for-justice/ |access-date=4 October 2020 |work=The Longton Gleaner |date=2 January 1914 |pages=4}}{{Open access}}
Although popular with many in September 1914 Mrs Myra McHenry made it "Her Hobby Now" to go after Marshall's "political scalp" not believing he was fit for the position.{{cite news |title=John Marshall a subject for Myra M'Henry |url=https://www.newspapers.com/clip/60500723/john-marshall-a-subject-for-myra/ |access-date=4 October 2020 |work=The Arkansas City Daily News |date=15 September 1914 |pages=1}}{{Open access}}
Mrs McHenry had known him for thirty years and circulated pamphlets criticizing him.
She claimed that while he was the prosecuting attorney for Cowley County, Kansas, prisoners lounged in a carpeted lobby in the jail.
She also claimed she was held under guard at her home charged with insanity, then escaped and on securing legal help the charges were dropped.
He was elected to the court along with John Shaw Dawson to replace Alfred Washburn Benson and Clark Allen Smith, with Henry Freeman Mason retaining his seat.{{cite news |title=Kansas Supreme Court election winners |url=https://www.newspapers.com/clip/60503484/kansas-supreme-court-election-winners/ |access-date=4 October 2020 |work=The Jeffersonian Gazette |date=25 November 1914 |pages=3}}{{Open access}}{{cite news |title=Kansas Supreme Court election results Nov 1914 |url=https://www.newspapers.com/clip/60503634/kansas-supreme-court-election-results/ |access-date=4 October 2020 |work=The Erie Record |date=27 November 1914 |pages=7}}{{Open access}}
He also lectured at the Washburn Law School from around 1915 teaching Real Property.
Marshall died while serving his 17th year on the supreme court and Edward Ray Sloan was appointed to complete his unexpired term by Governor Harry Hines Woodring.{{cite news |title=Associate Justice Sloan of Kansas Supreme Court will Retire |url=https://www.newspapers.com/clip/60495579/associate-justice-sloan-of-kansas/ |access-date=4 October 2020 |work=The Emporia Gazette |date=21 May 1932 |pages=1}}{{Open access}}
Death
He died March 25, 1931, at his home in Topeka, Kansas, aged 72, he had been suffering a prolonged illness.{{cite news |title=Obituary for JOHN MARSHALL Marshall (Aged 72) |url=https://www.newspapers.com/clip/60495979/obituary-for-john-marshall-marshall/ |access-date=4 October 2020 |work=The Manhattan Mercury |date=26 March 1931 |pages=1}}{{Open access}}
He had had a severe cold that has prevented him from his service to the court for several weeks, returning for the January inaugural ceremonies.
Later that month he was again confined to his home with heart issues.
On the night of his death after sitting in a chair for an hour he complained of feeling tired and returned to bed, dying not long after. He was survived by his wife, two sons and a daughter.
References
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External links
- {{Cite web |title=Members of the Kansas Supreme Court - Kansas Memory - Kansas Historical Society |url=https://www.kshs.org/index.php?url=km/items/view/303360 |website=www.kshs.org |access-date=4 October 2020}}
- {{Cite web |title=Temperance history correspondence - Kansas Memory - Kansas Historical Society |url=https://www.kshs.org/index.php?url=km/items/view/227683 |website=www.kshs.org |access-date=4 October 2020}}
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{{succession box
|title=Justice of the Kansas Supreme Court
|before=Clark Allen Smith
Alfred Washburn Benson
|after=Edward Ray Sloan
|years=1915-1931}}
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{{DEFAULTSORT:Marshall, John (Kansas judge)}}
Category:Justices of the Kansas Supreme Court
Category:People from Logansport, Indiana
Category:Kansas State University alumni
Category:Washburn University faculty
Category:Temperance activists from Kansas