DeForest Porter
Encyclopedia
DeForest Porter was an American
jurist
and politician
who served as Associate Justice on the Arizona Territorial Supreme Court from 1872 till 1882 and as Mayor of Phoenix, Arizona Territory
from 1886 till 1888.
and raised in the town of Albion
. The ninth of nine children, he was educated in public schools and the Alviam Academy before enrolling at St. Lawrence University
. Porter graduated from the university's theology school in 1861. While still in school he actively campaigned throughout New York for Abraham Lincoln
's 1860 presidential run
.
Following graduation, Porter reportedly was ordained as a Unitarian minister
. Instead of pursuing a career as a clergyman, he instead apprenticed himself at the law office of Sanford E. Church
and Noah Davis
. Details of the next few years are unclear with most accounts indicating he was admitted to the bar in 1862 and Porter being wounded at the Battle of Gettysburg
during his service in the Union army
. In 1865, shortly after the American Civil War
ended, Porter married Julia Sophia Trowbridge. The marriage produced a son and they adopted a daughter.
Following the wedding, Porter and his wife lived in Plattsmouth, Nebraska
for a short time before settling in Brownville, Nebraska
. There he established a legal practice and served as assessor
, city attorney
, and county attorney
. In December 1870 Porter won a special election for a seat in the Nebraska House of Representatives. During his term of office he was active in the impeachment
of Governor David Butler.
(now Yuma, Arizona) to take office in mid-April. Within days of his arrival he held his first court session. At the end of his session he visited the Mohave County
seat in Hardyville
. During the trip he was flabbergasted by the climate and complained to United States Attorney General
George Henry Williams
that temperatures reached 114 °F (45.6 °C).
Only two of Porter's opinions
survive. One of these, Graves v. Alsap, 1 Arizona 275 (1875), deals with the legality of a veto override
. The U.S. Congress had passed legislation authorizing the territorial legislature to override a veto with a two-thirds vote. The judge then ruled on whether veto made about the same time as this change was made could be overridden.
On February 28, 1876, Porter was recommissioned for a second term. The next year, when Maricopa County
was added to his judicial district, he moved from Yuma to Arizona
. Porter's first wife died in 1878. He married Lois Gertrude Cotten of Phoenix in 1880. His second marriage produced one daughter.
Porter was commissioned for a third term on November 2, 1880. During his years on the bench he suffered from heart problems that were aggravated by the region's summer heat. Regardless of these problems he was noted as a hard worker. He did not complete his third term as on June 7, 1882 Porter submitted his resignation.
were active in encouraging Eastern venture capitalist's efforts to invest in the territory. In addition to his real estate holdings, Porter returned to the practice of law after leaving the bench.
By Porter's second term on the bench area residents were encouraging him to run for elected office. He turned down an opportunity to run for Territorial Delegate to Congress in 1878 due to the declining health of his first wife. Two years later he was a candidate for Territorial Delegate during Republican territorial convention but lost the party nomination to Madison W. Stewart. In 1882, Porter was the Republican nominee for Territorial Delegate. He however lost the general election
to Granville Henderson Oury
6,121 to 5,141.
Porter was elected Mayor of Phoenix
in 1883. Two years later he represented Maricopa County
in the 13th Arizona Territorial Legislature
. During the legislative session his "untiring energy and indomitable will" help ensure passage of legislation creating a territorial normal school, territorial insane asylum, and authorization of a railroad link between Phoenix and the Southern Pacific Railroad
at Maricopa
. The retired judge was elected to a second term as Mayor of Phoenix in 1887. This term saw the 15th Arizona Territorial Legislature
move the territorial capital from Prescott
to Phoenix. As the session's members traveled by Pullman coach
to the new Capital, Mayor Porter helped pay for the entertainment and personally presented each of the legislators with a new silk hat.
Porter died on February 17, 1889 while recovering from a severe bout of erysipelas
. He received a Masonic
funeral prior to burial. He was later re-interred as Phoenix's Greenwood Memorial Park.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
and politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
who served as Associate Justice on the Arizona Territorial Supreme Court from 1872 till 1882 and as Mayor of Phoenix, Arizona Territory
Phoenix, Arizona
Phoenix is the capital, and largest city, of the U.S. state of Arizona, as well as the sixth most populated city in the United States. Phoenix is home to 1,445,632 people according to the official 2010 U.S. Census Bureau data...
from 1886 till 1888.
Early life
Porter was born February 2, 1840 in Orleans County, New YorkOrleans County, New York
As of the census of 2000, there were 44,171 people, 15,363 households, and 10,846 families residing in the county. The population density was 113 people per square mile . There were 17,347 housing units at an average density of 44 per square mile...
and raised in the town of Albion
Albion (town), Orleans County, New York
----Albion is a town in Orleans County, New York, USA. The population was 8,042 at the 2000 census. The town was named after a village in the town....
. The ninth of nine children, he was educated in public schools and the Alviam Academy before enrolling at St. Lawrence University
St. Lawrence University
St. Lawrence University is a four-year liberal arts college located in the village of Canton in Saint Lawrence County, New York, United States. It has roughly 2300 undergraduate and 100 graduate students, about equally split between male and female....
. Porter graduated from the university's theology school in 1861. While still in school he actively campaigned throughout New York for Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
's 1860 presidential run
United States presidential election, 1860
The United States presidential election of 1860 was a quadrennial election, held on November 6, 1860, for the office of President of the United States and the immediate impetus for the outbreak of the American Civil War. The nation had been divided throughout the 1850s on questions surrounding the...
.
Following graduation, Porter reportedly was ordained as a Unitarian minister
Unitarianism
Unitarianism is a Christian theological movement, named for its understanding of God as one person, in direct contrast to Trinitarianism which defines God as three persons coexisting consubstantially as one in being....
. Instead of pursuing a career as a clergyman, he instead apprenticed himself at the law office of Sanford E. Church
Sanford E. Church
Sanford Elias Church was an American lawyer and Democratic politician...
and Noah Davis
Noah Davis
Noah Davis was an American lawyer and politician from New York-Life:...
. Details of the next few years are unclear with most accounts indicating he was admitted to the bar in 1862 and Porter being wounded at the Battle of Gettysburg
Battle of Gettysburg
The Battle of Gettysburg , was fought July 1–3, 1863, in and around the town of Gettysburg, Pennsylvania. The battle with the largest number of casualties in the American Civil War, it is often described as the war's turning point. Union Maj. Gen. George Gordon Meade's Army of the Potomac...
during his service in the Union army
Union Army
The Union Army was the land force that fought for the Union during the American Civil War. It was also known as the Federal Army, the U.S. Army, the Northern Army and the National Army...
. In 1865, shortly after the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
ended, Porter married Julia Sophia Trowbridge. The marriage produced a son and they adopted a daughter.
Following the wedding, Porter and his wife lived in Plattsmouth, Nebraska
Plattsmouth, Nebraska
Plattsmouth is a city in and the county seat of Cass County, Nebraska, United States, which was founded in 1855. The population was 6,887 at the 2000 census.-History:...
for a short time before settling in Brownville, Nebraska
Brownville, Nebraska
Brownville is a village in Nemaha County, Nebraska, United States. The population was 146 at the 2000 census.- History :Established in 1854 and incorporated in 1856, Brownville was the largest town in the Nebraska Territory, with a population of 1,309 by 1880. Bordering slave-holding Missouri, the...
. There he established a legal practice and served as assessor
Assessor (law)
In some jurisdictions, an assessor is a judge's or magistrate's assistant. This is in fact the historical meaning of this word.-By country:In Denmark, it was the former title given to Supreme Court judges. Today the title is given to Deputy Judges...
, city attorney
City attorney
A city attorney can be an elected or appointed position in city and municipal government in the United States. The city attorney is the attorney representing the city or municipality....
, and county attorney
County attorney
A county attorney in many areas of the United States is the chief legal officer for a county or local judicial district. It is usually an elected position...
. In December 1870 Porter won a special election for a seat in the Nebraska House of Representatives. During his term of office he was active in the impeachment
Impeachment in the United States
Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office...
of Governor David Butler.
Associate Justice
President Ulyses S. Grant nominated Porter to become an Associate Justice of the Arizona Territorial Supreme Court on February 20, 1872. He received Senate confirmation three days later and arrived in Arizona CityYuma, Arizona
Yuma is a city in and the county seat of Yuma County, Arizona, United States. It is located in the southwestern corner of the state, and the population of the city was 77,515 at the 2000 census, with a 2008 Census Bureau estimated population of 90,041....
(now Yuma, Arizona) to take office in mid-April. Within days of his arrival he held his first court session. At the end of his session he visited the Mohave County
Mohave County, Arizona
Mohave County is located in the northwestern corner of the U.S. state of Arizona. As of the 2010 census, its population was 200,186, an increase of 45,154 people since the 2000 census count of 155,032. The county seat is Kingman...
seat in Hardyville
Bullhead City, Arizona
Bullhead City is a city located on the Colorado River in Mohave County, Arizona, USA, roughly south of Las Vegas, Nevada, and directly across the Colorado River from Laughlin, Nevada, whose casinos and ancillary services supply much of the employment for Bullhead City...
. During the trip he was flabbergasted by the climate and complained to United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
George Henry Williams
George Henry Williams
George Henry Williams was an American judge and politician. He served as Chief Justice of the Oregon Supreme Court, was the 32nd Attorney General of the United States, and served one term in the United States Senate...
that temperatures reached 114 °F (45.6 °C).
Only two of Porter's opinions
Legal opinion
In law, an opinion is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling....
survive. One of these, Graves v. Alsap, 1 Arizona 275 (1875), deals with the legality of a veto override
Veto override
A veto override is an action by legislators and decision-makers to override an act of veto by someone with such powers - thus forcing through a new decision. The power to override a veto varies greatly in tandem with the veto power itself. The U.S constitution gives a 2/3 majority Congress the...
. The U.S. Congress had passed legislation authorizing the territorial legislature to override a veto with a two-thirds vote. The judge then ruled on whether veto made about the same time as this change was made could be overridden.
On February 28, 1876, Porter was recommissioned for a second term. The next year, when Maricopa County
Maricopa County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*73.0% White*5.0% Black*2.1% Native American*3.5% Asian*0.2% Native Hawaiian or Pacific Islander*3.5% Two or more races*12.7% Other races*29.6% Hispanic or Latino -2000:...
was added to his judicial district, he moved from Yuma to Arizona
Phoenix, Arizona
Phoenix is the capital, and largest city, of the U.S. state of Arizona, as well as the sixth most populated city in the United States. Phoenix is home to 1,445,632 people according to the official 2010 U.S. Census Bureau data...
. Porter's first wife died in 1878. He married Lois Gertrude Cotten of Phoenix in 1880. His second marriage produced one daughter.
Porter was commissioned for a third term on November 2, 1880. During his years on the bench he suffered from heart problems that were aggravated by the region's summer heat. Regardless of these problems he was noted as a hard worker. He did not complete his third term as on June 7, 1882 Porter submitted his resignation.
Later life
During his time on the bench, Porter acquired extensive land holdings in downtown Phoenix along with mining properties throughout central Arizona. At the same time he and Charles SilentCharles Silent
Charles Silent was a German-born American jurist who served as an Associate Justice of the Arizona Territorial Supreme Court. After leaving the bench he entered private practice and became one of Los Angeles' leading attorneys...
were active in encouraging Eastern venture capitalist's efforts to invest in the territory. In addition to his real estate holdings, Porter returned to the practice of law after leaving the bench.
By Porter's second term on the bench area residents were encouraging him to run for elected office. He turned down an opportunity to run for Territorial Delegate to Congress in 1878 due to the declining health of his first wife. Two years later he was a candidate for Territorial Delegate during Republican territorial convention but lost the party nomination to Madison W. Stewart. In 1882, Porter was the Republican nominee for Territorial Delegate. He however lost the general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
to Granville Henderson Oury
Granville Henderson Oury
Granville Henderson Oury was a nineteenth century American politician, lawyer, judge, soldier and miner.-Early life and career:...
6,121 to 5,141.
Porter was elected Mayor of Phoenix
Phoenix, Arizona
Phoenix is the capital, and largest city, of the U.S. state of Arizona, as well as the sixth most populated city in the United States. Phoenix is home to 1,445,632 people according to the official 2010 U.S. Census Bureau data...
in 1883. Two years later he represented Maricopa County
Maricopa County, Arizona
-2010:Whereas according to the 2010 U.S. Census Bureau:*73.0% White*5.0% Black*2.1% Native American*3.5% Asian*0.2% Native Hawaiian or Pacific Islander*3.5% Two or more races*12.7% Other races*29.6% Hispanic or Latino -2000:...
in the 13th Arizona Territorial Legislature
13th Arizona Territorial Legislature
The 13th Arizona Territorial Legislative Assembly was a session of the Arizona Territorial Legislature which began on January 12, 1885, in Prescott, Arizona. The session's accomplishments included allocation of a variety of territorial institution including a university, normal school, prison, and...
. During the legislative session his "untiring energy and indomitable will" help ensure passage of legislation creating a territorial normal school, territorial insane asylum, and authorization of a railroad link between Phoenix and the Southern Pacific Railroad
Southern Pacific Railroad
The Southern Pacific Transportation Company , earlier Southern Pacific Railroad and Southern Pacific Company, and usually simply called the Southern Pacific or Espee, was an American railroad....
at Maricopa
Maricopa, Arizona
-Surrounding Municipalities:-Demographics:As of the census of 2010, there were 43,482 people, 14,359 households, and 11,110 families residing in the city. The population density was 1,356.8 people per square mile . There were 17,240 housing units at an average density of 540.4 per square mile...
. The retired judge was elected to a second term as Mayor of Phoenix in 1887. This term saw the 15th Arizona Territorial Legislature
15th Arizona Territorial Legislature
The 15th Arizona Territorial Legislative Assembly was a session of the Arizona Territorial Legislature which began on January 21, 1889, in Prescott, Arizona, moved to Phoenix on February 7 and did not adjourn till April 11...
move the territorial capital from Prescott
Prescott, Arizona
Prescott is a city in Yavapai County, Arizona, USA. It was designated "Arizona's Christmas City" by Arizona Governor Rose Mofford in the late 1980s....
to Phoenix. As the session's members traveled by Pullman coach
Pullman (car or coach)
In the United States, Pullman was used to refer to railroad sleeping cars which were built and operated on most U.S. railroads by the Pullman Company from 1867 to December 31, 1968....
to the new Capital, Mayor Porter helped pay for the entertainment and personally presented each of the legislators with a new silk hat.
Porter died on February 17, 1889 while recovering from a severe bout of erysipelas
Erysipelas
Erysipelas is an acute streptococcus bacterial infection of the deep epidermis with lymphatic spread.-Risk factors:...
. He received a Masonic
Freemasonry
Freemasonry is a fraternal organisation that arose from obscure origins in the late 16th to early 17th century. Freemasonry now exists in various forms all over the world, with a membership estimated at around six million, including approximately 150,000 under the jurisdictions of the Grand Lodge...
funeral prior to burial. He was later re-interred as Phoenix's Greenwood Memorial Park.