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Subject: [CASANFRA-L] Part 3- Justice of the Peace [cp]
Date: Sat, 15 May 1999 12:30:33 EDT
Hi. I've put the Justice of the Peace information I collected into three
parts:
1. Historical, Legal and Political Antecedents,
2. General Requirments and Functions of American JPs, and
3. Characteristics and Qualifications of Some JPs in Various States of the
US.
These categories are somewhat arbritrary and overlapping, but that's because
I'm dealing with what you all sent me and is not research that I've done on
my own. I most certainly appreciate all of the colorful and eclectic
responses that I received. Connie
~~~~~~~
Part 3 - Characteristics and Qualifications of Some JPs in Various States of
the US.
This includes some of the fun part of the responses as researchers tell about
some of their ancestors who were JPs. But first I think you'll enjoy this
first-hand account of being a JP, which comes from my cousin in Arkansas,
Joseph Hardman.
The title JUSTICE OF THE PEACE probably has different meaning in each
of
the 50 states of the Union. Many states don't have them.
Here, in Arkansas, it is an elective office - and is conisdered to be
the
initial stepping stone to higher office - usually. The only qualifications
required are age and residency. I have been a JP in the State of Arkansas.
The prinicpal duty was being a member of the County legislative body (here
called the Quorum Court). In those states which have County Supervisors,
the JP function is similar. This quorum court had the power to enact local
ordinances for the health, safety and wellfare of the residents. These
laws could not be in conflict with State or Federal law.
The Quorum court enacted/levied taxes, to support county government,
with
a good chunk of real estate taxes to support schools. They also approved
the annual county budget(s) - Sheriff, Clerks, tax collector, assessor, and
the maintenace of the court house, etc.
The ritual of marriage goes well back beyond my time. Being a rural
state,
many communities did not have full time preachers - so the power to preform
weddings was given to the JPs.
I served 3 terms (2 years each) total of 6 years and qualfied for a
life
time honorary title of Justice of the Peace - along with (life time) power
to perform weddings in my County of residence. I have several commisions
signed by then governor, Bill Clinton. Several of my contemporaries earned
some good money at marrying people - I have less than a dozen weddings to
my credit.
I have described my experience as ...'the best course in 9th Civics
that I
ever had!' I remain well acquainted with most of the court house staff -
on a first name basis, and have been appointed and re-appointed to the
County Tax Equalization Board, which is the first step in arbitrating any
dispute over property evaluations (on which real estate taxes are based). I
find the work fascinating - don't make too many friends however.
Hope this gives you a birds eye view of a JP in Arkansas.
What follows now are some of the rest of the stories that I received, from
several different states- don't miss the last one about Judge Duffy, easily
the most poetic JP I've run across yet.
Indiana: Walt 55: My 4th gt. grandfather was a JP in IND. and was
dismissed for ruling on both sides of case. They said he drunk the whole
time that he being impeached.
1858 Kansas from LGard: My ggguncle, John B. Bingham was elected JP in
Franklin County, KS in 1858, at the time of the Kansas/Missouri border
dispute over the extension of slavery. One of his duties as JP was to
perform marriages, one of which was the marriage of his brother Parley Pratt
Bingham to Nancy Oliver. Their other brother, my gggrandfather, David
Francis Bingham, who was just 21, was elected constable in the same election
of 1858. They were probably elected as they were two of the first settlers
in that part of Kansas, a mile from the John Brown massacre that happened
shortly after they were elected.
>From Don Ronk? California Tulare County: Linda Bingham Gardner. In Tulare
County, David's daughter, Kate Eva Bingham (married Thomas Campbell) was the
first female JP in Tulare County, and one of the few women to be elected.
Maybe it runs in the family.
1900 Washingrton, Rosalia, Whitman County - from Louise King:
...my grandfather was a Justice of the Peace in Rosalia, WA (Whitman County)
for 14 years. I don't think he had any education....he came to the US from
Alsace, in 1880 as a young man....married, homesteaded and had 13 children.
He was however fairly prominent in the community and gave money to build the
first Catholic Church there.
He was elected each time. I have those papers.
Here is a funny story that my cousin found for me about my grandfather when
he was a Justice of the Peace.
>From the Spokesman-Review, Spokane, Wash. Friday Morning, August 24,
1900 section 2, page 4
Two Rosalia Saloon-Keepers Are Under Arrest
Colfax, Wash.--Aug. 23 Transcripts were filed in the
superior court today showing that Joseph Schulthers and
Florent Meyer, saloon-keepers of Rosalia, had been arrested
for selling liquor on Sunday, August 19, upon complaint of
R. A. Ehrich, and taken before C. Schurra, justice of the
peace for Rosalia precinct, where they were held to appear
in the superior court August 31. Bonds were fixed at $100
in each case
Now C. SCHURRA WAS MY GRANDFATHER Celestin Schurra
FLORENT MEYER was my grandma's brother and HIS brother in law!
His brother in law, Florent laughed it off:
his bartender had sold on a Sunday, unknown to him.
Can you imagine those two brothers-in-law dealing with each
other on this basis?
I think this is from Phil Zubler? Please let me know if I got this
contributor's name right....or even if I got it wrong.
My grandfather, William J. Duffy, was a Justice of the Peace in San Pablo, CA
for 10 years. We know of nothing that qualified him in legal matters and he
did tend to have an unusual
approach. I vaguely recall the he made it only through the 4th
grade.
There are a couple of experiences related to his time as a JP
that may be of interest if not comical.
One time a constable arrested a number of tramps caught sleeping in a box car
on the railroad track near the Southern Pacific. He went to Duffy's home
looking for the "Judge" to try the men he had in custody. The Judge was
busy stacking hay and was anxious to get the job done before the threatening
storm. He assembled the prisoners in back of the haystack and sentenced them
to the county jail.
Another story was about a couple who came to the home of
the Justice of the peace to be married. It was late and the
Judge had retired for the night. A storm raged. When a knock was heard, the
Judge in night cap and flannel gown, stuck his head out the upper story
window and asked what they wanted, They said they wanted to get married. He
told them to hold hands saying,
Out in the wind and stormy weather
I join this man and woman together.
A flash of lightening interrupted, a clap of thunder followed.
He continued with head bowed,
Only He who rules the thunder
Shall rend this man and woman asunder.
Later William became a guard at San Quentin prison. His first
working day at the prison was, Fourth of July. This was not a
work day for the prisoners and they were all assembled in the big yard where
games were played for recreation. Duffy's job, along with many other guards,
was to walk among the prisoners to see that no trouble started. A prisoner
came up to Dad and said, "Hello Judge, don't you remember me?" Duffy said,
"No, should I?" "You sent me here," he was told and the prisoner added,
"Wait here and I'll get some of the other boys you sent over." William
thought it best to move on, but later he did meet each one and they greeted
him as a friend. William was always called "Judge" by inmates and prison
personnel, in fact, all the rest of his life he was called "Judge Duffy" by
all who knew him.
End of Part 3
Thanks for all of your contributions. Now, when I put JP beside the name of
one of my ancestors I have a better idea of what they did and how they fit
into their community.
connie putnam
May 1999
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