Hubert Utterback
Encyclopedia
Hubert Utterback served very briefly on the Iowa Supreme Court
, then was elected as a Democrat to the United States House of Representatives
, serving only one term.
, Utterback attended the rural schools and Hedrick (Iowa) Normal and Commercial College.
He graduated from Drake University
in Des Moines, Iowa
, studied law, and was admitted to the bar
. He commenced practice in Des Moines, Iowa
. Early in his practice, he began to teach, serving as an instructor at Drake University Law School
from 1908 to 1935, and lecturing in law at Still College, Des Moines, Iowa
from 1911 to 1933.
He served as member of the Iowa State Conference of Social Work and served as chairman of its legislative committee from 1923 to 1925.
According to the Iowa Supreme Court's
biography of Utterback, he "served on the Iowa Supreme Court from December 5, 1932, when he was issued a certificate of election to fill a supposed vacancy, until April 16, 1933, when it was judicially determined that no vacancy on the court had existed, and therefore his election to the Supreme Court was a nullity." The episode began when Iowa Supreme Court Justice E. A. Morling died less than one month before the 1932 general election, and a controversy arose about whether a seat could become open to an election so close to the general election's date (or whether, conversely, no vacancy could exist until the scheduled completion of Morling's term several years later). Republican George Claussen was appointed to replace Morling and began to serve on the Court. However, the seat was added to the general election ballot, with the Republican Party nominating Claussen and the Democratic Party nominating Utterback. Utterback outpolled Claussen, received a certificate of election, and began to serve in Claussen's place. However, a legal challenge to his election succeeded, when a trial court judge concluded that the seat had not been open to election, ordered Claussen reinstated, and the Iowa Supreme Court upheld the ruling.
from its creation in 1920 until 1956. He defeated incumbent Republican Cassius C. Dowell
in 1934, and served from January 3, 1935 to January 3, 1937.
In 1936 Utterback gave up a chance at re-election to his House seat, choosing instead to run for the U.S. Senate, but was defeated in the Democratic Primary by Iowa Governor Clyde L. Herring
. That year, Dowell recaptured the House seat, defeating Harry Dunlap. Two years later, in 1938, Utterback tried unsuccessfully to win back his House seat, but Dowell easily won the rematch. The district would not send a second another democrat to Congress until 1956, when Merwin Coad
defeated James I. Dolliver
by 198 votes, in one of Iowa's closest Congressional elections.
He was the cousin of John G. Utterback
, who served in Congress from Maine between 1937 and 1939.
He died in Des Moines, Iowa
, on May 12, 1942. He was interred in Glendale Cemetery.
Iowa Supreme Court
The Iowa Supreme Court is the highest court in the U.S. state of Iowa. As constitutional head of the Iowa Judicial Branch, the Court is composed of a Chief Justice and six Associate Justices....
, then was elected as a Democrat to the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
, serving only one term.
Personal background
Born on a farm near Hayesville, IowaHayesville, Iowa
Hayesville is a city in Keokuk County, Iowa, United States. The population was 64 at the 2000 census.-Geography:Hayesville is located at .According to the United States Census Bureau, the city has a total area of , all of it land....
, Utterback attended the rural schools and Hedrick (Iowa) Normal and Commercial College.
He graduated from Drake University
Drake University
Drake University is a private, co-educational university located in Des Moines, Iowa, USA. The institution offers a number of undergraduate and graduate programs, as well as professional programs in law and pharmacy. Today, Drake is one of the twenty-five oldest law schools in the country....
in Des Moines, Iowa
Des Moines, Iowa
Des Moines is the capital and the most populous city in the US state of Iowa. It is also the county seat of Polk County. A small portion of the city extends into Warren County. It was incorporated on September 22, 1851, as Fort Des Moines which was shortened to "Des Moines" in 1857...
, studied law, and was admitted to the bar
Admission to the bar in the United States
In the United States, admission to the bar is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission , which can lead to different admission...
. He commenced practice in Des Moines, Iowa
Des Moines, Iowa
Des Moines is the capital and the most populous city in the US state of Iowa. It is also the county seat of Polk County. A small portion of the city extends into Warren County. It was incorporated on September 22, 1851, as Fort Des Moines which was shortened to "Des Moines" in 1857...
. Early in his practice, he began to teach, serving as an instructor at Drake University Law School
Drake University Law School
Drake University Law School is a fully accredited law school of Drake University, located in Des Moines, Iowa. The school has over 400 full-time students. The school is presently led by Dean Allan Vestal. The most recent edition of US News and World Report's Best Law Schools ranked Drake in the...
from 1908 to 1935, and lecturing in law at Still College, Des Moines, Iowa
Des Moines, Iowa
Des Moines is the capital and the most populous city in the US state of Iowa. It is also the county seat of Polk County. A small portion of the city extends into Warren County. It was incorporated on September 22, 1851, as Fort Des Moines which was shortened to "Des Moines" in 1857...
from 1911 to 1933.
He served as member of the Iowa State Conference of Social Work and served as chairman of its legislative committee from 1923 to 1925.
Judicial service
As a judge, he first served on the police court of Des Moines from 1912 to 1914, and was then elevated to the Ninth Iowa Judicial District, serving from 1915 to 1927.According to the Iowa Supreme Court's
Iowa Supreme Court
The Iowa Supreme Court is the highest court in the U.S. state of Iowa. As constitutional head of the Iowa Judicial Branch, the Court is composed of a Chief Justice and six Associate Justices....
biography of Utterback, he "served on the Iowa Supreme Court from December 5, 1932, when he was issued a certificate of election to fill a supposed vacancy, until April 16, 1933, when it was judicially determined that no vacancy on the court had existed, and therefore his election to the Supreme Court was a nullity." The episode began when Iowa Supreme Court Justice E. A. Morling died less than one month before the 1932 general election, and a controversy arose about whether a seat could become open to an election so close to the general election's date (or whether, conversely, no vacancy could exist until the scheduled completion of Morling's term several years later). Republican George Claussen was appointed to replace Morling and began to serve on the Court. However, the seat was added to the general election ballot, with the Republican Party nominating Claussen and the Democratic Party nominating Utterback. Utterback outpolled Claussen, received a certificate of election, and began to serve in Claussen's place. However, a legal challenge to his election succeeded, when a trial court judge concluded that the seat had not been open to election, ordered Claussen reinstated, and the Iowa Supreme Court upheld the ruling.
Congressional elections and service
Utterback was the only Democrat elected by Iowa's 6th congressional districtIowa's 6th congressional district
Iowa's 6th congressional district is a former congressional district in Iowa. It existed from 1862 to 1992, when it was lost due to Iowa's declining population....
from its creation in 1920 until 1956. He defeated incumbent Republican Cassius C. Dowell
Cassius C. Dowell
Cassius Clay Dowell was a Republican U.S. Representative from Iowa. He served from 1915 to his death in 1940, except for a two-year period in 1935-36 resulting from a 1934 election loss....
in 1934, and served from January 3, 1935 to January 3, 1937.
In 1936 Utterback gave up a chance at re-election to his House seat, choosing instead to run for the U.S. Senate, but was defeated in the Democratic Primary by Iowa Governor Clyde L. Herring
Clyde L. Herring
Clyde LaVerne Herring , an American politician and Democrat, served as the 26th Governor of Iowa, and then one of its U.S. Senators, during the last part of the Great Depression and the first part of World War II....
. That year, Dowell recaptured the House seat, defeating Harry Dunlap. Two years later, in 1938, Utterback tried unsuccessfully to win back his House seat, but Dowell easily won the rematch. The district would not send a second another democrat to Congress until 1956, when Merwin Coad
Merwin Coad
Merwin Coad was a Democratic U.S. Representative from Iowa's 6th congressional district for six years—January 1957 to January 1963. His election snapped the Republican Party's fourteen-year hold on every U.S. House seat from Iowa....
defeated James I. Dolliver
James I. Dolliver
James Isaac Dolliver served six terms as a Republican U.S. Representative from Iowa's 6th congressional district, beginning in 1944. He was the nephew of U.S. Senator Jonathan Prentiss Dolliver of Iowa....
by 198 votes, in one of Iowa's closest Congressional elections.
He was the cousin of John G. Utterback
John G. Utterback
John Gregg Utterback was a U.S. Representative from Maine, and cousin of Hubert Utterback.Born in Franklin, Indiana, Utterback attended the public schools of his native city.He was employed in a carriage factory 1889-1892....
, who served in Congress from Maine between 1937 and 1939.
After Congress
After leaving Congress, Utterback served as chairman of the State Board of Parole from 1937 to 1940,and served as a State Democratic National committeeman from 1937 to 1940.He died in Des Moines, Iowa
Des Moines, Iowa
Des Moines is the capital and the most populous city in the US state of Iowa. It is also the county seat of Polk County. A small portion of the city extends into Warren County. It was incorporated on September 22, 1851, as Fort Des Moines which was shortened to "Des Moines" in 1857...
, on May 12, 1942. He was interred in Glendale Cemetery.