George Shiras Jr. (January 26, 1832 – August 2, 1924) was an American lawyer who served as an
associate justice of the Supreme Court of the United States
An associate justice of the Supreme Court of the United States is a Justice (title), justice of the Supreme Court of the United States, other than the chief justice of the United States. The number of associate justices is eight, as set by the J ...
from 1892 to 1903. At that time of his appointment, he had 37 years of private legal practice but had never judged a case. He is noted for his conservative voting with the majority in ''
Pollock v. Farmers' Loan & Trust Co.'' and in ''
Plessy v. Ferguson
''Plessy v. Ferguson'', 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision ruling that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that ...
''.
Life and career
Shiras was born in
Pittsburgh
Pittsburgh ( ) is a city in Allegheny County, Pennsylvania, United States, and its county seat. It is the List of municipalities in Pennsylvania#Municipalities, second-most populous city in Pennsylvania (after Philadelphia) and the List of Un ...
,
Pennsylvania
Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...
, January 26, 1832. He attended
Ohio University
Ohio University (Ohio or OU) is a Public university, public research university with its main campus in Athens, Ohio, United States. The university was first conceived in the 1787 contract between the United States Department of the Treasury#Re ...
and then graduated from
Yale College
Yale College is the undergraduate college of Yale University. Founded in 1701, it is the original school of the university. Although other Yale schools were founded as early as 1810, all of Yale was officially known as Yale College until 1887, ...
,
Phi Beta Kappa
The Phi Beta Kappa Society () is the oldest academic honor society in the United States. It was founded in 1776 at the College of William & Mary in Virginia. Phi Beta Kappa aims to promote and advocate excellence in the liberal arts and sciences, ...
, in 1853. He began law school at
Yale Law School
Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
, but left before earning a law degree.
[George Shiras]
, HistoryCentral.com. Retrieved October 10, 2009 He finished his training by
reading law
Reading law was the primary method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship u ...
at a law office, then practiced law in
Dubuque, Iowa
Dubuque (, ) is a city in Dubuque County, Iowa, United States, and its county seat. The population was 59,667 at the 2020 United States census. The city lies along the Mississippi River at the junction of Iowa, Illinois, and Wisconsin, a region ...
, from 1855 to 1858, and in Pittsburgh, Pennsylvania, from 1858 to 1892. In Pittsburgh, he became a prominent corporate attorney, and he was noted for his honesty and pragmatism while representing some of the nation's industrial giants.
On July 19, 1892, Shiras was nominated by President
Benjamin Harrison
Benjamin Harrison (August 20, 1833March 13, 1901) was the 23rd president of the United States, serving from 1889 to 1893. He was a member of the Harrison family of Virginia—a grandson of the ninth president, William Henry Harrison, and a ...
as an
associate justice
An associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some ...
, to succeed
Joseph P. Bradley
Joseph Philo Bradley (March 14, 1813 – January 22, 1892) was an American jurist who served as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States from 1870 to 1892. He ...
.
He was recommended for the post by his third cousin, Secretary of State
James G. Blaine
James Gillespie Blaine (January 31, 1830January 27, 1893) was an American statesman and Republican politician who represented Maine in the United States House of Representatives from 1863 to 1876, serving as speaker of the U.S. House of Rep ...
. Shiras was confirmed by the
United States Senate
The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on July 26, 1892,
[ and took the judicial oath of office on October 10, 1892.]
Although Shiras sat on the Court for more than 10 years authoring 253 majority decisions and 14 dissents, he is noted for his votes on just two landmark cases, '' Pollock v. Farmers' Loan & Trust Co.'' (1895), and ''Plessy v. Ferguson
''Plessy v. Ferguson'', 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision ruling that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that ...
'' (1896). He sided with the majority in the 5–4 decision in ''Pollock'' to strike down the Income Tax Act of 1894 as unconstitutional. Some historians believe Shiras was the pivotal Justice who switched his vote, while other historians suspect that it was either Justice Horace Gray
Horace Gray (March 24, 1828 – September 15, 1902) was an American jurist who served on the Massachusetts Supreme Judicial Court, and then on the United States Supreme Court, where he frequently interpreted the Constitution in ways that increa ...
or Justice David Brewer. Regardless, the ruling in ''Pollock'' led to the need for a constitutional amendment to impose a federal income tax, and in 1913, the Sixteenth Amendment to the United States Constitution
The Sixteenth Amendment (Amendment XVI) to the United States Constitution allows Congress to levy an income tax without apportioning it among the states on the basis of population. It was passed by Congress in 1909 in response to the 1895 ...
was ratified. Shiras also voted with the 7–1 majority in ''Plessy v. Ferguson
''Plessy v. Ferguson'', 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision ruling that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that ...
'', which upheld the constitutionality of racial segregation
Racial segregation is the separation of people into race (human classification), racial or other Ethnicity, ethnic groups in daily life. Segregation can involve the spatial separation of the races, and mandatory use of different institutions, ...
under the doctrine of separate but equal
Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protectio ...
, and which was effectively overruled in 1954.
Shiras retired from the Supreme Court on February 23, 1903.[ He died on August 2, 1924, in ]Pittsburgh
Pittsburgh ( ) is a city in Allegheny County, Pennsylvania, United States, and its county seat. It is the List of municipalities in Pennsylvania#Municipalities, second-most populous city in Pennsylvania (after Philadelphia) and the List of Un ...
, Pennsylvania as a result of a fall followed by pneumonia
Pneumonia is an Inflammation, inflammatory condition of the lung primarily affecting the small air sacs known as Pulmonary alveolus, alveoli. Symptoms typically include some combination of Cough#Classification, productive or dry cough, ches ...
. He is buried in Allegheny Cemetery in Pittsburgh.
His son, George Shiras III, served as a member of the United States House of Representatives
The United States House of Representatives is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Artic ...
for Pennsylvania.
See also
*List of justices of the Supreme Court of the United States
The Supreme Court of the United States is the highest-ranking judicial body in the United States. Its membership, as set by the Judiciary Act of 1869, consists of the chief justice of the United States and eight associate justices, any six of ...
Notes
References
*
*
External links
*
{{DEFAULTSORT:Shiras, George Jr.
1832 births
1924 deaths
20th-century American judges
American Presbyterians
Burials at Allegheny Cemetery
Lawyers from Pittsburgh
Pennsylvania Republicans
United States federal judges appointed by Benjamin Harrison
Justices of the Supreme Court of the United States
Yale Law School alumni
United States federal judges admitted to the practice of law by reading law