Howard Wiest
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Howard Wiest (February 24, 1864 – September 16, 1945) was an American jurist. Although he neither graduated from high school nor attended law school, he
read law Reading law was the 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 under the ...
, became Chief Justice of the
Michigan Supreme Court The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the state ...
, and went on to be "the Dean" of all Michigan jurists.


Background

Born in
Washington Township, Macomb County, Michigan Washington Charter Township, located within Metro Detroit, is a charter township of Macomb County in the U.S. state of Michigan. The population was 25,139 at the 2010 census. Washington Township is bordered by the village of Romeo as well as Ray ...
, to Jacob and Elizabeth Wiest, he had eight siblings. He attended school in Pontiac, Michigan, but "never finished high school." Wiest left school and worked as a
machinist A machinist is a tradesperson or trained professional who not only operates machine tools, but also has the knowledge of tooling and materials required to create set ups on machine tools such as milling machines, grinders, lathes, and drilling ...
, and never attended law school. He then moved to
Detroit, Michigan Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at ...
,
read law Reading law was the 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 under the ...
at the Detroit law firm of Atkinson & Atkinson, and was admitted to the Michigan bar in 1885. He was appointed commissioner of the Wayne County
Michigan Circuit Courts Circuit courts are the trial courts with the broadest powers in Michigan. In Michigan, circuit courts handle all felony Criminal cases that could result in confinement to prison. They also deal with all civil cases for claims in excess of $25,000. ...
by
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Cyrus Luce. In April, 1890 he started ten years in private practice in Ingham County. at the
Bentley Historical Library The Bentley Historical Library is the campus archive for the University of Michigan and is located on the University of Michigan's North Campus in Ann Arbor. It was established in 1935 by the regents of the University of Michigan. Its mission is ...
.
On December 19, 1888, he married Cora Newman of
Pontiac Pontiac may refer to: *Pontiac (automobile), a car brand *Pontiac (Ottawa leader) ( – 1769), a Native American war chief Places and jurisdictions Canada *Pontiac, Quebec, a municipality ** Apostolic Vicariate of Pontiac, now the Roman Catholic D ...
, and they had two children: Lucille Wiest and Theodosia Milkton (of
Baltimore, Maryland Baltimore ( , locally: or ) is the List of municipalities in Maryland, most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic (United States), Mid-Atlantic, and List of United States cities by popula ...
). He was 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 ...
.


Judicial career

From 1900 to 1921, Wiest served as an
Ingham County, Michigan Ingham County ( ) is a county located in the U.S. state of Michigan. As of the 2020 Census, the population was 284,900. The county seat is Mason. Lansing, the state capital of Michigan, is largely located within the county. (Lansing is the only ...
, 30th Judicial Circuit Court judge, which occasioned him to hear many important cases involving the State of Michigan. His name first appears at 213 ''Michigan Reports'' 95. He served in a judicial capacity for 44 continuous years. In 1913 he delivered a paper entitled "Districting the Judicial Circuits" to the State Bar of Michigan. In 1916 he became the first to fill the statutorily created position of "presiding Circuit Judge" in Michigan. In 1921, based on his experience and record in the Circuit Court Wiest was appointed to the
Michigan Supreme Court The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the state ...
by Governor
Alex Groesbeck Alexander Joseph Groesbeck (November 7, 1873 – March 10, 1953) was an American politician who served as attorney general and the 30th governor of Michigan. Early life Groesbeck was born in Warren, Michigan, the son of Macomb County Sheriff ...
to fill the seat vacated upon the death of Flavius L. Brooke. He served as a Justice for twenty-four and one-half years, until his death in 1945. He was the chief justice in 1923, 1930, 1938. Wiest died in a
Lansing, Michigan Lansing () is the capital of the U.S. state of Michigan. It is mostly in Ingham County, although portions of the city extend west into Eaton County and north into Clinton County. The 2020 census placed the city's population at 112,644, making ...
hospital. An Honorary
Doctor of Laws A Doctor of Law is a degree in law. The application of the term varies from country to country and includes degrees such as the Doctor of Juridical Science (J.S.D. or S.J.D), Juris Doctor (J.D.), Doctor of Philosophy (Ph.D.), and Legum Doctor (LL. ...
was conferred upon him by the
University of Michigan Law School The University of Michigan Law School (Michigan Law) is the law school of the University of Michigan, a Public university, public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of C ...
in 1935. More than 1,400 opinions he authored appeared in 96 volumes of the Michigan Supreme Court Reports. He participated in deciding over ten thousand cases. His opinions had substantial impact on the state's decisional law. The Supreme Court Historical Society wryly noted:
He was personally slow to accept changing times. The paradox lies in the fact that his personal preferences found no reflection in his holdings. For instance, while the automobile affected day-to-day life, Wiest retained a personal preference for travel by rail and by
horse and carriage ] A horse and buggy (in American English) or horse and carriage (in British English and American English) refers to a light, simple, two-person carriage of the late 18th, 19th and early 20th centuries, drawn usually by one or sometimes by two ho ...
. While the electric age affected daily lives, Wiest retained his personal preference for
illuminating gas The history of gaseous fuel, important for lighting, heating, and cooking purposes throughout most of the 19th century and the first half of the 20th century, began with the development of analytical and pneumatic chemistry in the 18th century. T ...
and
kerosene lamps A kerosene lamp (also known as a paraffin lamp in some countries) is a type of lighting device that uses kerosene as a fuel. Kerosene lamps have a wick or mantle as light source, protected by a glass chimney or globe; lamps may be used on a t ...
Justice Wiest had a large estate, called " Shagbark" on Rowley Road in
Williamston, Michigan Williamston is a city in Ingham County in the U.S. state of Michigan. The population was 3,854 at the 2010 census. Williamston is located east of the city of Lansing and borders Williamstown Township to the north and Wheatfield Township to t ...
. He himself mixed the mortar and laid the brick "for several commodious buildings" to house his 10,000 volume personal library. He regularly feted a large Ox roast summer dinner, the culmination of which was in 1940 when 1,200 notable guests gathered, including the president of the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of acad ...
and prominent members of government and the judiciary. In 1931 he is listed as the ''Ex officio'' president and on the Board of Governors of The Lawyers' Club, University of Michigan.


Death and legacy

He died in hospital after a few years of decline, but a relatively short illness. When he died he was "the Dean of all Michigan jurists in point of service" and the "oldest member of the state's highest tribunal." He was the subject of a portrait executed in 1946 by Detroit artist Roy C. Gamble (1887–1972) which hangs at the Supreme Court. The portrait joins nine others by Gamble of Chief Justices. His remains are interred at Mount Hope Cemetery in Lansing, Michigan.
Leland W. Carr Leland Walker Carr (September 29, 1883 – May 30, 1969) was an American jurist. Biography Born on a farm in Livingston County, Michigan, Carr went to Michigan Normal State College in Ypsilanti, Michigan and then received his law degree, i ...
was appointed as his successor by Governor
Harry F. Kelly Harry Francis Kelly (April 19, 1895 – February 8, 1971) was an American politician. He served as the 39th governor of Michigan from 1943 to 1947. Early life Kelly was born in Ottawa, Illinois, one of nine siblings born to Mary Agnes (Morriss ...
in 1945.


References


Notes


Citations


External links

*
1942 Press Photo Howard Wiest, Justice1945 Press Photo of Howard Wiest, Michigan Supreme Court JusticePhoto of Shagbark
{{DEFAULTSORT:Wiest, Howard 1864 births 1945 deaths Burials in Michigan Chief Justices of the Michigan Supreme Court Michigan Republicans Michigan state court judges People from Williamston, Michigan People from Macomb County, Michigan U.S. state supreme court judges admitted to the practice of law by reading law 20th-century American judges Justices of the Michigan Supreme Court