John W. Shenk

John Wesley Shenk (February 7, 1875 – August 3, 1959) was a city attorney in Los Angeles, California, a Superior Court judge and a member of the California Supreme Court.

Early life and education

Shenk was born on February 7, 1875, in Shelburne, Vermont, the son of John Wesley Shenk of Cobleskill, New York, who was a Methodist minister (died July 1922), and Susannah C. Brooks (died April 1929). He had three brothers, William W., Edmund S. and Adolphus B., and two sisters, Carrie M. (Wilson) and Susannah C. (McRae)."Last Rites Are Given to Minister"
''Los Angeles Times,'' July 6, 1922, p. 16. Retrieved September 21, 2017. He was educated in Shelbourne and in Omaha, Nebraska, public schools and received a Bachelor of Arts degree from Ohio Wesleyan University and a law degree from the University of Michigan School of Law in 1903, after which he passed an oral examination for the bar before the California Supreme Court. He later received honorary doctor of laws degrees from both universities and from the University of Southern California.H. James Boswell, ''American Blue Book California Lawyers'' (1928), page 25
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Career

Non-legal

In Shenk's youth, he was a printer, farmer, painter and newspaper reporter. He was a soldier during the 1898 Spanish–American War when he was with the 4th Ohio Infantry, which saw service in Puerto Rico. After the war, he joined his brother Adolphus in the Imperial Valley as a farm hand and mule skinner, then, at the age of 26, as a school teacher."In Memoriam," ''Cal. Reports 2d Vol. 53''
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Legal

Los Angeles

In 1906 Shenk was appointed a deputy city attorney in Los Angeles, California, and in 1909 he became city attorney when Leslie R. Hewitt resigned from that position. During his term, the cities of Wilmington and San Pedro, were merged with the city of Los Angeles, and Shenk later recalled "a midnight trip midst irate farmers and sharp-toothed watch dogs as he hurriedly listing polling places and secured names of election officers for the required ordinance calling the annexation election." Shenk was in charge of the city's legal office when Los Angeles annexed the San Fernando Valley and began the Owens River Project to bring water to the city through the Los Angeles Aqueduct.

In a memorial tribute to Shenk written after his death, U.S. Judge Stanley N. Barnes recalled Shenk's role in a controversy between the city and the Pacific Electric Railway, which wanted to lay a spur railroad track to some land in San Pedro to which it claimed ownership. Barnes said:

It was necessary to cross First Street in San Pedro. City Attorney Shenk said this required a franchise. By way of answer, and over the Labor Day weekend and holiday, the Pacific Electric hurriedly installed the track over the street—relying on the absence of judges and injunctions over the holidays and a ''fait accompli.'' The Board of Public Works, acting on the advice of John Shenk, paid back in kind on the following weekend. It took men, horses and equipment to the harbor, took possession of the empty railroad cars after removing them, tore up the tracks and announced the city was and would remain in possession. The Outer Harbor was saved for the people of Los Angeles.

Barnes added in regard to Shenk's influence: "Then there was the development of municipal power; the "Hyperion" sewer problem; the famous Griffith Park case ... the acquisition of the Los Angeles Public Library site; ndthe Water District Act of 1913—still known as the Shenk Act.

The Shenk Decision

In 1912, the mayor asked Shenk to investigate an incident in which African American businessman C.W. Holden was charged a dollar for a beer at a saloon where white customers were charged only five cents for the same order. Shenk's decision "that businesses had the right to charge whatever they desired and could change their prices at will," resulted in unprecedented discrimination against African Americans throughout the city. The effects of the Shenk Decision were chronicled in Los Angeles's African American newspapers, which included the California Eagle and the weekly newsmagazine
the Liberator
ref name="Heritage 2001 142"/> which asserted, "by a ruling as city attorney, Mr. Shenk completely nullified the Civil Rights bill in this state."

The 1913 Mayoral Race

In 1913, Shenk ran for Mayor of Los Angeles as the candidate of the "good government" Municipal Conference. Based on Shenk's discriminatory decision the year before, African American newspapers urged their readers to vote against Shenk. Shenk lost to the independent candidate, city Police Judge Henry H. Rose by just over nine thousand votes at a time when, according t
the Liberator
African Americans represented fifteen thousand votes.

In July 1913, after stepping down as City Attorney Shenk returned to private practice with E. R. Young, who had served as chief assistant City Attorney.

In August 1913, Governor Hiram Johnson appointed Shenk to succeed Nathaniel P. Conrey as a judge in the Los Angeles Superior Court. In November 1914, Shenk was elected to a full term on the court.

Supreme Court

In 1924, Governor Friend W. Richardson named Shenk as an associate justice of the California Supreme Court, where he sat for 35 years and wrote 1,355 opinions.

Among his more notable decisions was the 1945 decision for a unanimous court in ''Alfafara v. Fross'' that Filipino-Americans were not aliens under the definition of the California constitution and therefore were eligible to buy and sell property in the state.

Another notable opinion was his 1948 dissent in the case of ''Perez v. Sharp,'' in which the court held by a vote of 4 to 3 that interracial bans on marriage violated the Fourteenth Amendment to the United States Constitution and therefore were illegal in California. The opinion was the first of any state to strike down an anti-miscegenation law in the United States.''Perez v. Sharp''
(October 1, 1948), 32 Cal.2d 711, 198 P.2d 17. Retrieved September 21, 2017. In his dissent, joined by B. Rey Schauer and Homer R. Spence, Shenk wrote:

Death

Shenk died on August 3, 1959, while still in office.

Clubs

He was a Shriner and Knight Templar and a member of Lodge No. 99, Benevolent & Protective Order of Elks, Sons of the Revolution, Beta Theta Pi college fraternity and Phi Delta Phi legal fraternity, the Jonathan Club of Los Angeles and the Commonwealth Club of San Francisco. He was master of South Pasadena Masonic Lodge No. 367 and was a member of the Order of the Red Cross of Constantine.

Personal life

On June 28, 1907, Shenk was married to Lena R. Custer in Los Angeles. They had two sons, Samuel Custer and John Wesley Jr. During the last 35 years of his life, he lived in Los Altos, California, where he was active in establishing a union church.

References

External links

John W. Shenk
California Supreme Court Historical Society.

Guide to the John W. Shenk Papers, 1900-1935
Stanford University Libraries. Online Archive of California.

John W. Shenk papers
1930–1935. Worldcat.org.


California State Courts. Retrieved July 19, 2017.

See also

* List of justices of the Supreme Court of California

{{DEFAULTSORT:Shenk, John W
1875 births
1959 deaths
Ohio Wesleyan University alumni
University of Michigan Law School alumni
American military personnel of the Spanish–American War
Los Angeles City Attorneys
Justices of the Supreme Court of California
20th-century American judges
American jurists
Superior court judges in the United States
Lawyers from Los Angeles
California Republicans