Francis Earl Gilkison (November 3, 1877 – February 25, 1955) was an
American
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
,
politician
A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking, a ...
, and
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
who served as a justice of the
Indiana Supreme Court
The Indiana Supreme Court, established by Article 7 of the Indiana Constitution, is the highest judicial authority in the state of Indiana. Located in Indianapolis, Indiana, Indianapolis, the Court's chambers are in the north wing of the Indiana ...
from January 1, 1945, to February 25, 1955.
[Minde C. Browning, Richard Humphrey, and Bruce Kleinschmidt,]
Biographical Sketches of Indiana Supreme Court Justices
, ''Indiana Law Review
The Indiana University Robert H. McKinney School of Law (IU McKinney) is located on the campus of Indiana University – Purdue University Indianapolis (IUPUI) in Indianapolis, Indiana, the urban campus of Indiana University. In the summer of 200 ...
'', Vol. 30, No. 1 (1997), section reproduced i
Indiana Courts Justice Biographies page
Biography
Gilkison was born in
Rutherford Township,
Martin County,
Indiana
Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
.
Gilkison received his primary education in a schoolhouse close to home before having to become a boarder to attend secondary school in
Shoals
In oceanography, geomorphology, and geoscience, a shoal is a natural submerged ridge, bank, or bar that consists of, or is covered by, sand or other unconsolidated material and rises from the bed of a body of water to near the surface. It o ...
and
Loogootee.
He received his legal education from the
Indiana University Maurer School of Law
The Indiana University Maurer School of Law is located on the campus of Indiana University in Bloomington, Indiana. The school is named after Michael S. "Mickey" Maurer, an Indianapolis businessman and 1967 alumnus who donated $35 million in 2008 ...
, entering the school in 1899 and graduating in 1901.
Gilkison returned to Martin County and practiced law in Shoals from 1901 to 1935. From 1907 to 1909, he was a deputy
prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
.
From 1935 to 1945, Gilkison, a
Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
, served as judge of the 49th
Circuit Court (comprising Martin and
Daviess counties). After becoming a judge, Gilkison's law office in Shoals was taken over by
William E. Jenner
William Ezra Jenner (July 21, 1908 – March 9, 1985) was an American lawyer and politician from the state of Indiana. A Republican, Jenner was an Indiana state senator from 1934 to 1942, and a U.S. Senator from 1944 to 1945 and again from 19 ...
, a local lawyer who later became a
U.S. Senator
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and powe ...
from Indiana.
Gilkison married Eva Edwards. Their son, Frank Jr. (1926-2015) became a prominent lawyer in
Muncie
Muncie ( ) is an incorporated city and the seat of Delaware County, Indiana. Previously known as Buckongahelas Town, named after the legendary Delaware Chief.http://www.delawarecountyhistory.org/history/docs/lenape-villages.pdf It is located in ...
.
Gilkison became a judge of the
Indiana Supreme Court
The Indiana Supreme Court, established by Article 7 of the Indiana Constitution, is the highest judicial authority in the state of Indiana. Located in Indianapolis, Indiana, Indianapolis, the Court's chambers are in the north wing of the Indiana ...
in 1945, succeeding Justice
Curtis Shake
Curtis Grover Shake (July 14, 1887 – September 11, 1978), a noted Indiana jurist and politician, author, and a member of the Indiana Senate, is best known for his service as the 72nd justice of the Indiana Supreme Court from January 4, 19 ...
. During his time on the court, Gilkison distinguished himself as a defender of
personal liberty
Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom.
In modern politics, liberty is understood as the state of being free within society fr ...
and
inalienable rights
Some philosophers distinguish two types of rights, natural rights and legal rights.
* Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental'' and ...
. Gilkison also defended the value of human life over the rights of property owners, providing two influential dissenting opinions in cases involving the rights of property owners conflicting with the safety of children.
During his time on the court, Gilkison was involved in the controversial case of Ott Workman, an affluent Martin County farmer who was sentenced to life in prison for masterminding a scheme to rob his own brother-in-law, which ended with his brother-in-law being shot. Workman was rumored to be connected with a gang of criminals in Martin County and was connected to two unsolved murders. He was briefly granted
parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
and released from prison for twenty-five days in 1945. In 1949, Gilkison claimed that certain state politicians and government officials had bribed officials of the Indiana Prison Administration to accomplish this, paying the prison officials "fabulous sums" of money in exchange for Workman being given parole. Gilkison claimed he knew who specifically had paid the bribe, but refused to provide any names.
Gilkison unexpectedly died in office in 1955, at the age of 77. He was succeeded by Justice
George Henley.
References
{{DEFAULTSORT:Gilkison, Frank
1877 births
1955 deaths
People from Martin County, Indiana
Justices of the Indiana Supreme Court
Indiana Republicans
American judges