Jesse W. Curtis Sr.

Jesse William Curtis Sr. (July 18, 1865 – October 5, 1960) was an American attorney who served as an Associate Justice of the Supreme Court of California from January 1, 1926 to January 1, 1945, and whose family were pioneer settlers of San Bernardino, California.

Jesse William Curtis Sr.
Associate Justice of the Supreme Court of California
In office
January 1, 1926 – January 1, 1945
Appointed byGovernor Friend W. Richardson
Preceded byWilliam H. Waste
Succeeded byHomer R. Spence
Associate Justice of the California Court of Appeal, Second Appellate District, Division One
In office
March 26, 1923 – December 31, 1925
Appointed byGovernor Friend W. Richardson
Personal details
Born(1865-07-18)July 18, 1865
San Bernardino, California, U.S.
DiedOctober 5, 1960(1960-10-05) (aged 95)
San Bernardino, California, U.S.
Spouse(s)
Ida Lucinda Seymour
​
​
(m. 1892; death 1960)​
ChildrenJesse William Curtis Jr.
Margaret Curtis Chadwell
Helen Curtis Shepardson
Alma materUniversity of Southern California (PhB)
University of Michigan Law School (LLB)

Early life and education

Curtis was born on July 18, 1865,[1] in San Bernardino, California, to William Jesse Curtis and Frances Sophia Cowles. They had arrived in 1864 after traveling on the Oregon Trail from Iowa as members of the Pella Company wagon train that included the family of Wyatt Earp.[2][3]

Curtis' family has a long association with the law. Curtis' father was a teacher and lawyer who helped found the San Bernardino Bar Association.[4] Curtis' grandfather, I. C. Curtis, was a lawyer and a member of the Iowa Legislature.[5] Curtis' uncle, William S. Holman, was a Democratic Congressman from Indiana, and Curtis' great-grandfather on his mother's side, Jesse Lynch Holman, sat on the first Indiana Supreme Court and was later a United States District Court judge.[6] Curtis' son, Jesse William Curtis Jr., became a federal court judge, as well.[7]

In 1887, Curtis graduated with a Ph.B. in the first class that went completely through the University of Southern California (he was eventually their oldest living alumnus).[8] In 1891, he received a LL.B. from the University of Michigan Law School.[2] He then began private practice in San Bernardino with his father at Curtis, Oster & Curtis, and its progeny, where he remained for 23 years, except for a stint from 1899 to 1903 serving as District Attorney of San Bernardino County.[3][9][10]

Judicial career

In 1915, Curtis was named Judge of the Superior Court of San Bernardino County. On March 26, 1923, Governor Friend W. Richardson elevated Curtis to the District Court of Appeal, Second Appellate District, Division One, where he served three years. On January 1, 1926, Governor Richardson named Curtis an Associate Justice of the Supreme Court of California, filling the seat of William H. Waste, who was named Chief Justice.[11] In November 1926, Curtis won election to a full, 12-year term.[12] In 1938, Curtis received 70.9% of the vote in a retention election.[13][14]

Among Curtis' notable cases were a pair of contempt citations for commenting on judicial proceedings: the first against longshoremen union leader Harry Bridges, and the second against the Los Angeles Times.[15] In 1939, the California Supreme Court, in a 5-1 opinion in Bridges v. Superior Court of Los Angeles, affirmed the judgment of contempt.[16] In an opinion by Curtis, the court rejected Bridges' contention that he had a First Amendment right to criticize the court.[17] On January 31, 1940, in a 5-2 decision by Curtis, the court also upheld the contempt ruling against the Times. Upon appeal, in a 5-4 opinion by Justice Hugo Black, the U.S. Supreme Court reversed in Bridges v. California.[18]

After retiring from the Supreme Court in 1945, Curtis returned to private practice with his son in San Bernardino.[19]

Awards and legacy

In 1934, Curtis was awarded the Asa Call alumnus achievement trophy by the University of Southern California.[20] He was bestowed honorary law degrees in 1926 by the University of Southern California, in 1928 by Southwestern University, and by the University of Redlands, where his three children had studied and he was a trustee from 1909.[21][22]

Personal life

On June 23, 1892, Curtis married Ida Lucinda Seymour (July 22, 1870 – February 15, 1960) and they had three children: Jesse William Curtis Jr.; Margaret Curtis Chadwell, a graduate of the University of Redlands and Radcliffe College; and Helen Curtis Shepardson, who also attended the University of Redlands.[21]

References
  1. "Jesse W. Curtis". Stanford University Library. Retrieved June 21, 2017.
  2. "News by Class: 1891". The Michigan Alumnus, Volume 51. Ann Arbor, MI: University of Michigan Alumni Association. 1945. p. 348. Retrieved June 21, 2017.
  3. Cataldo, Nicholas R. (May 22, 2015). "Curtis family made an impression locally after difficult 1864 wagon train". San Bernardino Sun. Retrieved June 21, 2017.
  4. Reiter, Michael (July–August 2015). "William Jesse Curtis, Third Bar President" (PDF). San Bernardino County Bar Association Newsletter. p. 5. Retrieved June 21, 2017.
  5. Gue, Benjamin F. "History of Iowa From the Earliest Times to the Beginning of the Twentieth Century". p. 366. Retrieved June 21, 2017. I. C. Curtis appeared as defenders of Pierce, Buchanan and the Dred Scott decision.
  6. Shuck, Oscar Tully, ed. (1901). History of the Bench and Bar of California: Being Biographies of Many Remarkable Men, a Store of Humorous and Pathetic Recollections, Accounts of Important Legislation and Extraordinary Cases, Comprehending the Judicial History of the State. Los Angeles, CA: Commercial Printing House. p. 814. Retrieved June 21, 2017.
  7. Egelko, Bob (August 8, 2008). "Retired Judge Jesse Curtis Jr. dies at 102". San Francisco Gate. Retrieved June 21, 2017.
  8. "USC Graduates". Los Angeles Herald. Library of Congress Historical Newspapers. June 22, 1887. p. 10. Retrieved June 21, 2017.
  9. "Jesse Curtis". Los Angeles Herald. Library of Congress Historical Newspapers. September 25, 1890. p. 5. Retrieved June 21, 2017.
  10. "Bio of Jesse W. Curtis" (PDF). California Courts. Retrieved June 21, 2017.
  11. "Past and Present Justices: entry for Jesse Curtis". California Courts. Retrieved June 21, 2017.
  12. "State Returns". Healdsburg Tribune (4). California Digital Newspaper Collection. 4 November 1926. p. 2. Retrieved July 28, 2017.
  13. Uelmen, Gerald F. (1988). "Symposium, California Judicial Retention Elections". Santa Clara L. Rev. 28 (2): 333–377, 344. Retrieved June 21, 2017.
  14. "Judge Curtis Named to Supreme Bench". Healdsburg Tribune (30). California Digital Newspaper Collection. 8 December 1925. p. 2. Retrieved July 11, 2017.
  15. Grace, Roger M. (August 2, 2005). "Column: County Bar Does Battle With Harry Bridges, Los Angeles Times". Metropolitan News-Enterprise. Retrieved June 21, 2017.
  16. Bridges v. Superior Court of Los Angeles, 94 P.2d 983 (Cal. 1939).
  17. Keck, Thomas M. (2018). "The Judicial Protection of Anti-Judicial Speech". American University International Law Review. 33 (4): 693–769. SSRN 2783491.
  18. "Bridges v. California, 314 US 252 (1941)". Oyez. Retrieved June 21, 2017.
  19. "Jesse W. Curtis Sr". San Bernardino Sun (52). April 7, 1946. Retrieved June 21, 2017.
  20. "Past Recipients: Asa V. Call Alumni Award" (PDF). University of Southern California Alumni Association. Retrieved June 21, 2017.
  21. Shenk, John W. (1945). "Justice Jesse William Curtis". Cal. L. Rev. 33: 1.
  22. "About People". San Bernardino Sun. February 16, 1940. p. 23. Retrieved June 21, 2017. Associate Justice Jesse W. Curtis, of the California supreme court, arrived in San Bernardino yesterday for a brief visit. He will attend the meeting of the board of trustees of the University of Redlands, of which he is a member and is visiting the families of his daughter, Mrs. J. B. Shepardson, and his son, Jesse W. Curtis Jr.

Further reading

See also
Political offices
Preceded by
William H. Waste		 Associate Justice the Supreme Court of California
1926–1945		 Succeeded by
Homer R. Spence
Preceded by
 Associate Justice of the California Court of Appeal, Second Appellate District, Division One
1923–1925		 Succeeded by
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