Supreme Court.—The constitution, as adopted in 1859, created a supreme court of three judges—a chief justice and two associates. The power to elect these judges and all others was given to the people. The term of the supreme judges, after the first, was to be six years, but to begin with and to secure individual alternation, the terms were respectively, six years for the chief justice, four years for one of the associate justices and two years for the other. The terms of the supreme court were to be held at the seat of government once each year, "and such other terms at such places as may be provided by law." Those chosen at the first election were Thomas Swing, Jr., chief justice; Samuel A. Kingman and Lawrence D. Bailey, associate justices. The justices were installed in office at the organization of the state government in 1861. Thomas Ewing, Jr., held the office of chief justice until his resignation, in Oct., 1862. In the following December Nelson Cobb was appointed to fill the vacancy and served out the term, which expired in Jan., 1864, when he was succeeded by Robert Crozier. Judge Crozier was succeeded, in Jan., 1867, by Samuel A. Kingman, who served until Dec. 31, 1876, being then succeeded by Albert H. Horton. Judge Horton resigned, in April, 1895, and was succeeded by David Martin, who was appointed April 30. Frank Doster succeeded Judge Martin, Jan. 11, 1897, and William A. Johnston succeeded Judge Doster, Jan 12, 1903. By the terms of the constitutional amendment, adopted at the general election of 1900, it was provided that, after the expiration of the term of office of the then chief justice, the justice senior in continuous term of service should be chief justice. Samuel A. Kingman was succeeded as associate justice, in 1865, by Jacob Safford, and Lawrence D. Bailey was succeeded, in Jan., 1869, by D. M. Valentine. D. J. Brewer succeeded Judge Safford, in Jan., 1871, and served until April 9, 1884, when he resigned, being succeeded by Theodore A. Hurd, appointed by the governor, April 12, 1884. William A. Johnston was elected, Nov. 4, 1884, to succeed Judge Hurd, and qualified Dec. 1, 1884. Judge Valentine was succeeded by Stephen H. Allen, who was elected Nov. 8, 1892. Judge Allen was succeeded by William R. Smith, Jan. 10, 1899.

The legislature of 1899 submitted an amendment to the constitution and the same was adopted by the voters at the general election held in Nov., 1900. By this amendment the supreme court was made to consist of seven justices. "They may sit separately in two divisions, with full power in each division to determine the cases assigned to be heard by such division." It was further provided that the term of officers of the justices should be six years, "except as hereinafter provided." The justices in office at the time this amendment took effect were to hold their offices for the terms for which they were severally elected, and until their successors were elected and qualified. As soon as practicable after the second Monday in Jan., 1901, the governor was to appoint four justices, to hold their offices until the second Monday in Jan., 1903. At the general election in 1902 there should be elected five justices, one of whom was to hold office for two years, one for four years, and three for six years. At the general election in 1904, and every six years thereafter, two justices were to be elected. At the general election in 1906, and every six years thereafter, two justices were to be elected; and at the general election in 1908, and every six years thereafter, three justices were to be elected. (See Stanley's Administration.)

At the close of the year 1911 the supreme court was made up as follows: William A. Johnston, chief justice; Rousseau A. Burch, Silas Porter, Clark A. Smith, Henry F. Mason, Alfred W. Benson and Judson S. West, associate justices;