James Henry Wright
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James Henry Wright (c. August 13, 1838January 17, 1905) was an American
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
and politician. Following his service in the Confederate States Army during the American Civil War, Wright became an attorney in Missouri where he served as mayor of Carrollton and a member of the Missouri House of Representatives. Wright was appointed Chief Justice of the Arizona Territorial Supreme Court by President Grover Cleveland. He served for three years before being removed from the bench by President Benjamin Harrison.


Early life and career

Wright was born on August 13, 1838, in Franklin County, Kentucky. His family moved to Missouri in 1854. Wright was educated at Westminster College and the University of Missouri. Having studied law, he was admitted to the Missouri bar in 1865. During the American Civil War, he served with the Confederate States Army and rose to the rank of
captain Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police department, election precinct, e ...
. Following the war he settled in
Carrollton, Missouri Carrollton is a city in Carroll County, Missouri, United States. Carrollton won the 2005 All-America City Award, given out annually by the National Civic League. The population was 3,514 at the 2020 census. Carrollton is the county seat of Carro ...
. In addition to his legal practice, Wright served several terms as city mayor. In 1885, he represented Carroll County in the Missouri House of Representatives. Wright's wife was named Mary. The marriage produced four children: Ed S., Harry, Mary, and Gladys.


Chief Justice

Following the United States Senate's decision to reject the recess appointment of
John C. Shields John Calhoun Shields (January 21, 1848 – April 30, 1892) was an American jurist who served as Chief Justice of the Arizona Territorial Supreme Court. Granted a recess appointment by President Grover Cleveland, he is the only nominee to the A ...
, President Grover Cleveland nominated Wright to become Chief Justice of the Arizona Territorial Supreme Court on February 4, 1887. The new justice was assigned to district three, comprising
Apache The Apache () are a group of culturally related Native American tribes in the Southwestern United States, which include the Chiricahua, Jicarilla, Lipan, Mescalero, Mimbreño, Ndendahe (Bedonkohe or Mogollon and Nednhi or Carrizaleño an ...
, Mohave, and Yavapai counties. Wright took his oath of office on March 19, the same day he arrived in Prescott, and began his first session as chief justice on March 21, 1887. He received a salary from the Federal government of $3,000/year. The territory supplemented this with an additional $900/year. When Washington officials asked about the chief justice's high level of travel, Wright reminded
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
William H. H. Miller William Henry Harrison Miller (September 6, 1840 – May 25, 1917) was an American lawyer and Attorney General of the United States. Early life, education, and military service Born in Augusta, New York, one of the ten children born to Curtis ...
that his judicial district covered an area the size of Miller's home state of Indiana. As chief justice, Wright wrote fifteen
majority opinion In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have ...
s. He also wrote five dissenting opinions, an unusually large number for the era. His dissents could be rather lengthy. In 'Cheyney v. Smith'', 3 Arizona 143 (1890), Wright wrote an eleven-page dissent, while his dissent in ''Bryan v. Pinney'', 3 Arizona 34 (1889) reached twelve pages, and the chief justice's dissent in a case determining if the territorial legislature's authorization for a maximum of 60 days referred to calendar days or working days. Two of the chief justice's majority opinions involved water rights. In ''Hill v. Normand'', 2 Arizona 354 (1888), Wright found that while riparian rights were established under Common law, they were not the norm along the U.S. Pacific Coast, while in ''Dalton v. Rentaria'', 2 Arizona 275 (1887) he ruled against a party attempting to block access to the Santa Cruz river on the basis that territorial law was intended to promote the development of the territory. The court ordered the local sheriff to seize a property after determining in ''O'Doherty v. Toole'', 2 Arizona 288 (1887), that a defendant's attempt to sell ownership of his
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
to his wife for one dollar was done fraudulently. Wright's opinion in ''Reilly v. Clark'', 2 Arizona 299 (1888) determined the territorial supreme court would not overrule the discretionary power of a probate judge unless the judge clearly abused his authority. ''King v. Hawkins'', 2 Arizona 258 (1888) dealt with a territorial official who attempted to reassign a portion of his salary to another person, while ''United States v. Hart'', 2 Arizona 415 (1888) involved an Indian agent who was allegedly misappropriating funds. Two of Wright's opinions were appealed to the United States Supreme Court. The appeals resulted in ''Ely v. New Mexico and Arizona Railroad Company'', 2 Arizona 420 (1888) being reversed while ''Alta Mining and Smelting v. The Benson Mining and Smelting Co.'', 2 Arizona 362 (1888) was upheld. Following the inauguration of President Benjamin Harrison, critics of the chief justice began calling for his removal. Accusations included charges that Wright was "arbitrary", that he displayed "very strong prejudges" and was part of the territorial Democratic machine. In addition to Wright's denials of the accusation,
Buckey O'Neill William Owen "Buckey" O'Neill (February 2, 1860 – July 1, 1898) was a sheriff, newspaper editor, miner, politician, Georgist, gambler and lawyer, mainly in Arizona. His nickname came from his tendency to "buck the tiger" (play contrary to t ...
came to his defense calling the accusations "outrageous and cowardly attacks" designed to place someone friendly to the railroads on the bench. The U.S. Department of Justice investigated the claims, and issued a report recommending Wright's removal. In reference to Arizona's practice of paying a supplemental salary the report found "that he unlawfully received and still retains additional compensation for his services as Judge." The primary reason for his removal instead appears to have been a personal letter that Wright sent to a friend, and which later became public, in which the chief justice called the
1888 Republican National Convention The 1888 Republican National Convention was a presidential nominating convention held at the Auditorium Building in Chicago, Illinois, on June 19–25, 1888. It resulted in the nomination of former Senator Benjamin Harrison of Indiana for preside ...
a "howling mob composed of thieves, bribers, and bribe takers, scoundrels, and unprincipled persons who, if they had their dues, would be in prison". Wright's replacement,
Henry C. Gooding Henry Clay Gooding (June 14, 1838September 13, 1913) was an American jurist who served as Chief Justice on the Arizona Territorial Supreme Court from 1890 till 1893. Biography Gooding was born to Asa and Matilda (Hunt) Gooding in Greenfield, In ...
, was sworn in on May 7, 1890.


Later life and death

After leaving the bench, Wright remained in Prescott and returned to private legal practice. He was also active in Democratic politics, giving talks on various political questions, and was a member of the
Independent Order of Odd Fellows The Independent Order of Odd Fellows (IOOF) is a non-political and non-sectarian international fraternal order of Odd Fellowship. It was founded in 1819 by Thomas Wildey in Baltimore, Maryland, United States. Evolving from the Order of Odd ...
. His wife was active in the Episcopal Church. Wright died on January 17, 1905. Despite his service to the Confederacy, he was given a military funeral with U.S. Army soldiers from Fort Whipple marching at the head of the procession. Wright's widow died on March 31, 1908. Both husband and wife were buried in Prescott's Citizens Cemetery.


Footnotes


References

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External links

* {{DEFAULTSORT:Wright, James Henry 1838 births 1905 deaths Justices of the Arizona Territorial Supreme Court Chief Justices of the Arizona Territorial Supreme Court Mayors of places in Missouri Members of the Missouri House of Representatives People from Franklin County, Kentucky People from Carrollton, Missouri People of Missouri in the American Civil War University of Missouri alumni Westminster College (Missouri) alumni Missouri lawyers Burials in Arizona 19th-century American legislators 19th-century American judges 19th-century Missouri politicians