Leonard J. Hackney (March 29, 1855 – October 3, 1938) was an
American lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
,
politician, and
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
who served as a justice of the
Indiana Supreme Court
The Indiana Supreme Court, established by Article 7 of the Indiana Constitution, is the highest judicial authority in the state of Indiana. Located in Indianapolis, Indiana, Indianapolis, the Court's chambers are in the north wing of the Indiana ...
from January 2, 1893 to January 2, 1899.
[Minde C. Browning, Richard Humphrey, and Bruce Kleinschmidt,]
Biographical Sketches of Indiana Supreme Court Justices
, ''Indiana Law Review
The Indiana University Robert H. McKinney School of Law (IU McKinney) is located on the campus of Indiana University – Purdue University Indianapolis (IUPUI) in Indianapolis, Indiana, the urban campus of Indiana University. In the summer of 2 ...
'', Vol. 30, No. 1 (1997), section reproduced i
Indiana Courts Justice Biographies page
Biography
Early life and education
Born in
Edinburgh,
Indiana, Hackney's only formal education was at the local schoolhouse, where he attended for five terms.
Legal career, judicial service, and later life
At age sixteen, Hackney became a
law clerk
A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
at the firm of Hord & Blair in
Shelbyville. He was briefly employed at a law office in
Kokomo in 1873 and then another office in
Indianapolis
Indianapolis (), colloquially known as Indy, is the state capital and most populous city of the U.S. state of Indiana and the seat of Marion County. According to the U.S. Census Bureau, the consolidated population of Indianapolis and Marion ...
, run by Kendall M. Hord, who Hackney knew from his clerk job back in Shelbyville. In 1876, Hackney was admitted to the Indiana bar and returned to Shelbyville to open his own private law practice. He represented several large
railroad companies and was perceived by the public to be in the pocket of the
Cleveland, Cincinnati, Chicago and St. Louis Railway
The Cleveland, Cincinnati, Chicago and St. Louis Railway, also known as the Big Four Railroad and commonly abbreviated CCC&StL, was a railroad company in the Midwestern United States. It operated in affiliation with the New York Central system.
...
company, known as the "Big Four Railroad."
In 1878, Hackney, a
Democrat, was elected
prosecuting attorney of
Shelby County. He served one term in the position and then returned to his private practice. In 1888, he was elected judge of Indiana's Sixteenth
Circuit Court after a controversial campaign. Before Hackney's election to the position, the Shelby County Circuit Court judge was his old friend, Kendall M. Hord, who had to resign after being accused of
bribery
Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With reg ...
. Later, Hackney himself was accused of bribery, with a local newspaper charging that he paid off local Democratic Party officials to secure his nomination as their candidate in the election. Hackney denied wrongdoing while giving a speech about
tariffs at the local Shelbyville
Opera Hall
Opera is a form of theatre in which music is a fundamental component and dramatic roles are taken by singers. Such a "work" (the literal translation of the Italian word "opera") is typically a collaboration between a composer and a libr ...
. Despite the controversy, Hackney won the election and was seated as judge.
In 1892, Hackney was elected to the
Indiana Supreme Court
The Indiana Supreme Court, established by Article 7 of the Indiana Constitution, is the highest judicial authority in the state of Indiana. Located in Indianapolis, Indiana, Indianapolis, the Court's chambers are in the north wing of the Indiana ...
to succeed Justice
John Miller. Hackney's most famous
opinion
An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements.
Definition
A given opinion may deal with subjective matters in which there is no conclusive finding, or it may deal with f ...
from his time on the bench came in the famous case of ''Re Petition of Leach, Ex Parte'', involving a woman,
Antoinette Dakin Leach
Antoinette Dakin Leach (April 3, 1859 – June 11, 1922) was an American lawyer and a women's rights pioneer who was an active organizer on behalf of women's suffrage in Indiana. When the Greene- Sullivan Circuit Court denied Leach's petition for ...
, who had been denied admission to the Indiana bar because she legally prohibited from voting. In their ruling, Hackney and his fellow justices ruled in favor of Leach, overturning a lower court's ruling against her, and striking down laws that barred women from practicing law. In his opinion, Hackney wrote, "If nature has endowed women with wisdom, if our colleges have given her education, if her energy and diligence have led her to a knowledge of the law, and if her ambition directs her to adopt the profession, shall it be said that forgotten fictions must bar the door against her?" The case set a powerful precedent that paved the way for
women gaining the right to vote in Indiana and the repeal of similar laws banning women from being lawyers in other states. Hackney later wrote the opinion in another important case regarding women's suffrage, ''Gougar v. Timberlake'', involving a woman from
Tippecanoe County named
Helen M. Gougar
Helen M. Gougar (July 18, 1843 – June 6, 1907) was a lawyer, temperance and women's rights advocate, and newspaper journalist who resided in Lafayette, Indiana. Admitted to the Tippecanoe County, Indiana, bar in 1895 to present a "test" case, ...
who sued after being denied the right to vote. Hackney and the court sided against Gougar, saying the
Indiana Constitution
The Constitution of Indiana is the highest body of state law in the U.S. state of Indiana. It establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy. Indiana's constitution is su ...
did not allow women to vote. Hackney did not seek re-election to his seat on the court. He was succeeded to the bench by Justice
Alexander Dowling
Alexander Dowling (December 19, 1839 – December 11, 1917) was a justice of the Indiana Supreme Court from January 2, 1899 to January 2, 1905.Minde C. Browning, Richard Humphrey, and Bruce Kleinschmidt,Biographical Sketches of Indiana Supreme Co ...
.
After leaving the court, Hackney moved to
Cincinnati and became general
counsel
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''.
The word ''counsel'' can also mean advice given ...
to the Cleveland, Cincinnati, Chicago and St. Louis Railway. He worked for the company until retiring in 1928, moving to
Winter Park,
Florida, where he became a
patron of
Rollins College
Rollins College is a private college in Winter Park, Florida. It was founded in November 1885 and has about 30 undergraduate majors and several graduate programs. It is Florida's fourth oldest post-secondary institution.
History
Rollins Colle ...
.
Death
Hackney died in Winter Park in 1938.
References
{{DEFAULTSORT:Hackney, Leonard
1855 births
1938 deaths
Justices of the Indiana Supreme Court
American judges
Indiana Democrats