R. Fenwick Taylor
Encyclopedia
Robert Fenwick Taylor was a Florida
lawyer
and a Democratic
politician who served on the Florida Supreme Court
. He was first appointed on January 1, 1891. He resigned February 28, 1925. He served three terms as Chief Justice
, from 1897 to 1905, from 1915 to 1917, and from 1923 to 1925.
Justice Taylor was born in Myrtle Hill, South Carolina. His father, John Morgandollar Taylor, was a cotton and rice planter in Beaufort District, South Carolina. His mother was Maria (Baker) Taylor. The family moved to Marion County, Florida
before Taylor was three. Taylor was tutored at home. Taylor fought as a volunteer in the Battle of Gainesville
. After the end of the War
, he went to school at Baltimore's Maryland Military Institute. He left MMI and was tutored in "ancient languages" before reading law
.
Taylor then read law with his brother-in-law, Gainesville, Florida
attorney James B. Dawkins, an attendee of the Florida secession convention and a member of the Congress of the Confederate States
. In 1870 he was admitted to the Ocala Bar
. He and Dawkins shared a law practice in Gainsville for seven years. After Dawkins became a judge, Taylor partnered with Edward C. F. Sanchez. He worked behind the scenes in Democratic, anti-Reconstruction politics until Alachua County Democrats sent him and Dawkins to the constitutional convention of 1885, where he chaired a committee.
Taylor was appointed to the Florida Supreme Court in January 1891 by Governor Francis P. Fleming
to replace outgoing Justice Henry Laurens Mitchell. He was re-elected to the Court six times. He served three terms as Chief Justice. As a conservative defender of personal and property rights, he wrote more than 500 opinions and was involved in more than 7,000 cases.
Taylor wrote the opinion for the Florida Supreme Court in Sligh vs Kirkwood (Sheriff). In this case, the Court unanimously upheld a law prohibiting exportation of "fruit unfit for consumption." Sligh had sued to overturn his conviction for delivering immature fruit to Georgia, saying the Florida law trespassed on Congresses sole authority to regulate interstate trade. Ironically, he also said the law was in conflict with the Pure Food and Drug Act
of 1906. Although the law did incidentally prohibit the interstate sale of "green" fruit, it was when the state's police powers to protect public health. The Act banned "commerce in filthy, decomposed or putrid vegetable products", but made no mention of immature fruit. The Court held that this left the matter of immature fruit up to the states, and that the state law conflicted with no federal law.
The "Wells Quart Law" had been passed as part of the Florida Legislature's efforts to curb the sale of liquor. It forbade the transport of alcoholic beverages into counties where their sale was prohibited. The Court held that this restricted personal property rights. The law was unconstitutional, in that although it could regulate the sale and transport of alcoholic beverages, the Legislature did not have the authority to restrict private ownership or use of alcoholic beverages.
The "Davis Package Law", enacted in 1915, prohibited the sell of alcoholic beverages in packages smaller than 1 pint, open containers, and consumption at the point of sale. In Exparte vs. Pricha,, liquor dealers contended the law violated Florida's Constitution, "by depriving citizens of . . . inalienable rights, including acquiring, possessing, and protecting property, without due process." The court split, writing four different decisions. Justice Shackleford rejected the notion that the law was unconstitutional. Justice Ellis contended strongly that the Legislature had exceeded its power. Justice Taylor concurred with Ellis, that the law was an unconstitutional usurpation on the people's authority to prohibit liquor sales (or not) by popular vote in each county, and that the law violated the sanctity of private property.
Taylor resigned form the Court on February 28, 1925. He had married Amelia E. Haile in 1872. They had two children, Carl Hugo and Serena Haile. He was a Mason
and a member of the Presbyterian Church. He died of pneumonia and kidney failure on February 26, 1927 at his home in Tallahassee.
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and a Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
politician who served on the Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
. He was first appointed on January 1, 1891. He resigned February 28, 1925. He served three terms as Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
, from 1897 to 1905, from 1915 to 1917, and from 1923 to 1925.
Justice Taylor was born in Myrtle Hill, South Carolina. His father, John Morgandollar Taylor, was a cotton and rice planter in Beaufort District, South Carolina. His mother was Maria (Baker) Taylor. The family moved to Marion County, Florida
Marion County, Florida
Marion County is a county located in the U.S. state of Florida. The U.S. Census Bureau 2006 estimate for the county is 316,183. Its county seat is Ocala....
before Taylor was three. Taylor was tutored at home. Taylor fought as a volunteer in the Battle of Gainesville
Battle of Gainesville
The Battle of Gainesville was fought on August 17, 1864, when a Confederate force defeated Union detachments on a raid from the Union garrison in the Jacksonville, Florida, area...
. After the end of the 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...
, he went to school at Baltimore's Maryland Military Institute. He left MMI and was tutored in "ancient languages" before reading 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...
.
Taylor then read law with his brother-in-law, Gainesville, Florida
Gainesville, Florida
Gainesville is the largest city in, and the county seat of, Alachua County, Florida, United States as well as the principal city of the Gainesville, Florida Metropolitan Statistical Area . The preliminary 2010 Census population count for Gainesville is 124,354. Gainesville is home to the sixth...
attorney James B. Dawkins, an attendee of the Florida secession convention and a member of the Congress of the Confederate States
Congress of the Confederate States
The Congress of the Confederate States was the legislative body of the Confederate States of America, existing during the American Civil War between 1861 and 1865...
. In 1870 he was admitted to the Ocala Bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
. He and Dawkins shared a law practice in Gainsville for seven years. After Dawkins became a judge, Taylor partnered with Edward C. F. Sanchez. He worked behind the scenes in Democratic, anti-Reconstruction politics until Alachua County Democrats sent him and Dawkins to the constitutional convention of 1885, where he chaired a committee.
Taylor was appointed to the Florida Supreme Court in January 1891 by Governor Francis P. Fleming
Francis P. Fleming
Francis Philip Fleming was an American politician and the 15th Governor of Florida from 1889 to 1893. Fleming was a Democrat, strong supporter of segregation and an opponent of civil rights for blacks...
to replace outgoing Justice Henry Laurens Mitchell. He was re-elected to the Court six times. He served three terms as Chief Justice. As a conservative defender of personal and property rights, he wrote more than 500 opinions and was involved in more than 7,000 cases.
Taylor wrote the opinion for the Florida Supreme Court in Sligh vs Kirkwood (Sheriff). In this case, the Court unanimously upheld a law prohibiting exportation of "fruit unfit for consumption." Sligh had sued to overturn his conviction for delivering immature fruit to Georgia, saying the Florida law trespassed on Congresses sole authority to regulate interstate trade. Ironically, he also said the law was in conflict with the Pure Food and Drug Act
Pure Food and Drug Act
The Pure Food and Drug Act of June 30, 1906, is a United States federal law that provided federal inspection of meat products and forbade the manufacture, sale, or transportation of adulterated food products and poisonous patent medicines...
of 1906. Although the law did incidentally prohibit the interstate sale of "green" fruit, it was when the state's police powers to protect public health. The Act banned "commerce in filthy, decomposed or putrid vegetable products", but made no mention of immature fruit. The Court held that this left the matter of immature fruit up to the states, and that the state law conflicted with no federal law.
The "Wells Quart Law" had been passed as part of the Florida Legislature's efforts to curb the sale of liquor. It forbade the transport of alcoholic beverages into counties where their sale was prohibited. The Court held that this restricted personal property rights. The law was unconstitutional, in that although it could regulate the sale and transport of alcoholic beverages, the Legislature did not have the authority to restrict private ownership or use of alcoholic beverages.
The "Davis Package Law", enacted in 1915, prohibited the sell of alcoholic beverages in packages smaller than 1 pint, open containers, and consumption at the point of sale. In Exparte vs. Pricha,, liquor dealers contended the law violated Florida's Constitution, "by depriving citizens of . . . inalienable rights, including acquiring, possessing, and protecting property, without due process." The court split, writing four different decisions. Justice Shackleford rejected the notion that the law was unconstitutional. Justice Ellis contended strongly that the Legislature had exceeded its power. Justice Taylor concurred with Ellis, that the law was an unconstitutional usurpation on the people's authority to prohibit liquor sales (or not) by popular vote in each county, and that the law violated the sanctity of private property.
Taylor resigned form the Court on February 28, 1925. He had married Amelia E. Haile in 1872. They had two children, Carl Hugo and Serena Haile. He was a Mason
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...
and a member of the Presbyterian Church. He died of pneumonia and kidney failure on February 26, 1927 at his home in Tallahassee.
Sources
- Manley, Walter W., Brown, E. Canter. and Rise, Eric W. The Supreme Court of Florida and Its Predecessor Courts, 1821-1917. pp 290 - 293. University Press of Florida. Gainesville, FloridaGainesville, FloridaGainesville is the largest city in, and the county seat of, Alachua County, Florida, United States as well as the principal city of the Gainesville, Florida Metropolitan Statistical Area . The preliminary 2010 Census population count for Gainesville is 124,354. Gainesville is home to the sixth...
. 1997. eBook ISBN 9780813022987. ISBN 9780813015408. at Netlbrary. Online. July 23, 2008. - The Passing of the Gavel to the Honorable R. Fred Lewis. Online. July 23, 2008.
- The Political Graveyard
- Thursby, Mary Agnes. Succession of Justices of Supreme Court of Florida. Online. July 23, 2008, 2008.