John K. Richards
Encyclopedia
John Kelvey Richards was an Attorney General of Ohio
, the ninth Solicitor General of the United States, and later a United States federal judge
.
, Lawrence County
, Ohio
, Richards was the son of Samuel and Sarah (Kelvey) Richards. Having received his early education in the schools of his native town, he graduated from Swarthmore College
with the degree of A.B.
in 1875, and two years later received the same degree from Harvard University
.
Returning to Ironton, he began the study of law
in the office of Judge William Wartenbee Johnson
, later Chief Justice of the Supreme Court of Ohio
. In 1879 he was admitted to the bar, and in 1880 was elected prosecuting attorney of Lawrence County, serving until 1882. From 1885 to 1889 he was city solicitor of Ironton. In the latter year, he was elected a member of the Ohio State Senate, where on account of his recognized legal ability he was appointed chairman of the Judiciary committee.
and reelected for 1894-1896, his term of office being concurrent with those of William McKinley
as governor. In 1895, McKinley appointed him member of a commission to codify the insurance laws of the state, and in 1896 he was counsel for a committee authorized by the General Assembly to revise the tax laws of Ohio. In the same year, he was general counsel for the state board of medical registration and examiners and also counsel for the board of appraisers and assessors.
While serving as the Ohio Attorney General, Richards successfully fought through the courts the claim of the state that though it had granted the canal beds to these cities for streets and sewage purposes, the cities had no right to turn them over to the railroads and that the railroads must surrender their use to the state. The tax bills which he as counsel for the legislative committee helped to draft, he was called upon to uphold in state courts and in the United States Supreme Court. His successful defense of these bills, which taxed the franchises of foreign corporations, the property of interstate express companies by the "unit" rule, and the proportionate share of cars of sleeping car companies, gave rise to decisions which became the basis for much important excise and property-tax law.
, particularly in reference to the territory acquired by the United States
. A number of the Insular Cases
were argued by him in the Supreme Court, as were also the Joint Traffic Association and the Addyston Pipe & Steel Company
cases. He prepared the briefs and handled the Northern Securities case until his appointment to the bench in 1903.
On February 19, 1903, Richards was nominated by President Theodore Roosevelt
to a seat on the United States Court of Appeals for the Sixth Circuit
vacated by the elevation of William Rufus Day to the United States Supreme Court. Richards was confirmed by the United States Senate
on February 23, 1903, and received his commission the same day, serving thereafter until his death. He sat on the bench for nine years and wrote during that time over 140 opinions, few being over three pages long, and many only one or two.
Ohio Attorney General
The Ohio Attorney General is the chief legal officer of the State of Ohio in the United States. The office is filled by general election, held every four years. The Ohio Attorney General is Mike DeWine.-History:...
, the ninth Solicitor General of the United States, and later a United States federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
.
Early life, education, and career
Born in IrontonIronton, Ohio
Ironton is a city in the U.S. state of Ohio and the county seat of Lawrence County. The municipality is located in southern Ohio along the Ohio River. The population was 11,211 at the 2000 census. Ironton is a part of the Huntington-Ashland, WV-KY-OH, Metropolitan Statistical Area . As of the...
, Lawrence County
Lawrence County, Ohio
As of the census of 2000, there were 62,319 people, 24,732 households, and 17,807 families residing in the county. The population density was 137 people per square mile . There were 27,189 housing units at an average density of 60 per square mile...
, Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, Richards was the son of Samuel and Sarah (Kelvey) Richards. Having received his early education in the schools of his native town, he graduated from Swarthmore College
Swarthmore College
Swarthmore College is a private, independent, liberal arts college in the United States with an enrollment of about 1,500 students. The college is located in the borough of Swarthmore, Pennsylvania, 11 miles southwest of Philadelphia....
with the degree of A.B.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1875, and two years later received the same degree from Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
.
Returning to Ironton, he began the study of law
Reading law
Reading law is the method by which persons in common law countries, particularly the United States, entered the legal profession before the advent of law schools. This usage specifically refers to a means of entering the profession . A small number of U.S...
in the office of Judge William Wartenbee Johnson
William Wartenbee Johnson
William Wartenbee Johnson was a Republican politician in the U.S. State of Ohio who was an Ohio Supreme Court Judge 1880–1886.-Biography:...
, later Chief Justice of the Supreme Court of Ohio
Supreme Court of Ohio
The Supreme Court of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, each serving six-year terms...
. In 1879 he was admitted to the bar, and in 1880 was elected prosecuting attorney of Lawrence County, serving until 1882. From 1885 to 1889 he was city solicitor of Ironton. In the latter year, he was elected a member of the Ohio State Senate, where on account of his recognized legal ability he was appointed chairman of the Judiciary committee.
Service to the state of Ohio
At the close of his two-year term, he was elected Attorney General of OhioOhio Attorney General
The Ohio Attorney General is the chief legal officer of the State of Ohio in the United States. The office is filled by general election, held every four years. The Ohio Attorney General is Mike DeWine.-History:...
and reelected for 1894-1896, his term of office being concurrent with those of William McKinley
William McKinley
William McKinley, Jr. was the 25th President of the United States . He is best known for winning fiercely fought elections, while supporting the gold standard and high tariffs; he succeeded in forging a Republican coalition that for the most part dominated national politics until the 1930s...
as governor. In 1895, McKinley appointed him member of a commission to codify the insurance laws of the state, and in 1896 he was counsel for a committee authorized by the General Assembly to revise the tax laws of Ohio. In the same year, he was general counsel for the state board of medical registration and examiners and also counsel for the board of appraisers and assessors.
While serving as the Ohio Attorney General, Richards successfully fought through the courts the claim of the state that though it had granted the canal beds to these cities for streets and sewage purposes, the cities had no right to turn them over to the railroads and that the railroads must surrender their use to the state. The tax bills which he as counsel for the legislative committee helped to draft, he was called upon to uphold in state courts and in the United States Supreme Court. His successful defense of these bills, which taxed the franchises of foreign corporations, the property of interstate express companies by the "unit" rule, and the proportionate share of cars of sleeping car companies, gave rise to decisions which became the basis for much important excise and property-tax law.
Federal government service
In 1897, President McKinley appointed Richards to be the ninth Solicitor General of the United States. As solicitor general, he was called upon to handle the difficult legal questions arising out of the Spanish-American WarSpanish-American War
The Spanish–American War was a conflict in 1898 between Spain and the United States, effectively the result of American intervention in the ongoing Cuban War of Independence...
, particularly in reference to the territory acquired by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. A number of the Insular Cases
Insular Cases
The Insular Cases are several U.S. Supreme Court cases concerning the status of territories acquired by the U.S. in the Spanish-American War . The name "insular" derives from the fact that these territories are islands and were administered by the War Department's Bureau of Insular Affairs...
were argued by him in the Supreme Court, as were also the Joint Traffic Association and the Addyston Pipe & Steel Company
Addyston Pipe and Steel Company v. United States
Addyston Pipe and Steel Co. v. United States, 85 F. 271 , was an important case in which the United States Court of Appeals for the Sixth Circuit determined that U.S. antitrust laws, as set forth in the Sherman Antitrust Act, were to be governed by a rule of reason...
cases. He prepared the briefs and handled the Northern Securities case until his appointment to the bench in 1903.
On February 19, 1903, Richards was nominated by President Theodore Roosevelt
Theodore Roosevelt
Theodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity...
to a seat on the United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
vacated by the elevation of William Rufus Day to the United States Supreme Court. Richards was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on February 23, 1903, and received his commission the same day, serving thereafter until his death. He sat on the bench for nine years and wrote during that time over 140 opinions, few being over three pages long, and many only one or two.