John Emmett Carland (December 11, 1853 – November 11, 1922) was a

United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...

of the

United States Commerce Court The Commerce Court of the United States was a short-lived federal trial court. It was created by the Mann-Elkins Act in 1910 and abolished three years later.Urgent Deficiency Act, 63rd Congress, 1st session, ch. 32, , October 22, 1913. Effective ...

, the

United States Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts: * Eastern District of Arkansas * Western Dis ...

and the United States Circuit Courts for the Eighth Circuit and previously was a United States district judge of the

United States District Court for the District of South Dakota The United States District Court for the District of South Dakota (in case citations, D.S.D.) is the United States District Court or the Federal district court, whose jurisdiction for issues pertaining to federal law or diversity for the state of ...

Education and career

Born on December 11, 1853, in

Oswego County Oswego County is a county in the U.S. state of New York. As of the 2020 census, the population was 117,525. The county seat is Oswego. The county name is from a Mohawk-language word meaning "the pouring out place", referring to the point at ...

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

, Carland attended the

University of Michigan , mottoeng = "Arts, Knowledge, Truth" , former_names = Catholepistemiad, or University of Michigania (1817–1821) , budget = $10.3 billion (2021) , endowment = $17 billion (2021)As o ...

and

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 ...

in 1877. He entered private practice in Bismarck,

Dakota Territory The Territory of Dakota was an organized incorporated territory of the United States that existed from March 2, 1861, until November 2, 1889, when the final extent of the reduced territory was split and admitted to the Union as the states of No ...

(now

North Dakota North Dakota () is a U.S. state in the Upper Midwest, named after the Native Americans in the United States, indigenous Dakota people, Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north a ...

) starting in 1877, and served as city attorney for Bismarck. He also served as county attorney for

Burleigh County Burleigh County is a county in the U.S. state of North Dakota. As of the 2020 census, the population was 98,458, making it the second-most populous county in North Dakota. Its county seat is Bismarck, the state capital. The county was named fo ...

, Dakota Territory (now North Dakota). He was the

United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...

for the Dakota Territory from 1885 to 1888. He returned to private practice in

Sioux Falls Sioux Falls () is the most populous city in the U.S. state of South Dakota and the 130th-most populous city in the United States. It is the county seat of Minnehaha County and also extends into Lincoln County to the south, which continues up t ...

, Dakota Territory (State of

South Dakota South Dakota (; Sioux language, Sioux: , ) is a U.S. state in the West North Central states, North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota people, Lakota and Dakota peo ...

from November 2, 1889) from 1889 to 1895. He served as a special assistant to the United States Attorney for the District of South Dakota.

Federal judicial service

Carland received a

recess appointment In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the President is empowered to nominate, and with the advi ...

from President

Grover Cleveland Stephen Grover Cleveland (March 18, 1837June 24, 1908) was an American lawyer and politician who served as the 22nd and 24th president of the United States from 1885 to 1889 and from 1893 to 1897. Cleveland is the only president in American ...

on August 31, 1896, to a seat on the

vacated by Judge

Alonzo J. Edgerton Alonzo Jay Edgerton (June 7, 1827 – August 9, 1896) was a United States senator from Minnesota and a United States district judge of the United States District Court for the District of South Dakota. Education and career Born June 7, 1827, i ...

. He was nominated to the same position by President Cleveland on December 8, 1896. He was confirmed by the

United States Senate 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 pow ...

on December 15, 1896, and received his commission the same day. His service terminated on February 6, 1911, due to his elevation to the Commerce Court and Eighth Circuit. Carland was nominated by President

William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...

on December 12, 1910, to the

, the

and the United States Circuit Courts for the Eighth Circuit, to a new joint seat authorized by 36 Stat. 539. He was confirmed by the Senate on January 31, 1911, and received his commission the same day. On December 31, 1911, the Circuit Courts were abolished and he thereafter served on the Commerce Court and Court of Appeals. On December 13, 1913, the Commerce Court was abolished and he thereafter served only on the Court of Appeals. His service terminated on November 11, 1922, due to his death in

Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...

References

Sources

* , - {{DEFAULTSORT:Carland, John Emmett 1853 births 1922 deaths Judges of the United States Commerce Court Judges of the United States Court of Appeals for the Eighth Circuit Judges of the United States District Court for the District of South Dakota People from Bismarck, North Dakota People from Oswego County, New York United States court of appeals judges appointed by William Howard Taft 20th-century American judges United States federal judges appointed by Grover Cleveland 19th-century American judges University of Michigan alumni United States federal judges admitted to the practice of law by reading law