William Hayes Pope
Encyclopedia
William Hayes Pope was an American lawyer and judge. He served as the last Chief Justice of New Mexico Territory
, and the first federal judge in New Mexico
after it attained statehood.
Pope was born in Beaufort, South Carolina
to Joseph James Pope, a lawyer, and Emily Hayes (Mikell). He received a M.A.
from the University of Georgia
in 1889, followed by an LL.B. from its School of Law
in 1890. He also taught at the University of Georgia as an adjunct professor of ancient languages from 1889 to 1890, when he was admitted to the bar. He then practiced law in Atlanta, Georgia
.
He moved to Sante Fe
in New Mexico Territory
in 1894, apparently seeking a climate that was better for his health. He practiced law there until 1896 in the firm Victory & Pope, with senior partner John P. Victory. Their partnership was also a public one; Victory was then the territory's attorney general, and Pope served as the Assistant Attorney General from 1895 to 1897. During that period, he served as a commissioner from New Mexico to the Atlanta Exposition in 1895, and on the Capitol Rebuilding Commission from 1895 to 1900.
In March 1896, Pope was appointed by the U.S. Attorney General to serve as a special assistant U.S. Attorney
in the United States Court of Private Land Claims
, from which Pope resigned in June 1902. He was then appointed by the Secretary of the Interior
as a special U.S. attorney to represent the interests of the Pueblo Indians of New Mexico Territory, from 1901 to 1902.
In June 1902, Governor-General of the Philippines
William Howard Taft
appointed Pope to a judgeship on the Court of First Instance, Philippine Islands. Pope established a friendship with Taft during his service there. He returned to the U.S. in July 1903, and in October was appointed by President Theodore Roosevelt
as an associate justice on the New Mexico Territorial Supreme Court
. Pope was elevated to Chief Justice in 1910, and served in that capacity until 1912.
Pope was the first judge appointed to the United States District Court for the District of New Mexico
, upon its creation in 1912 when New Mexico
attained statehood. Taft, now President, nominated Pope to the court on January 22, 1912. His nomination received some opposition. Ten prominent New Mexico lawyers accused Pope of delaying decisions in submitted cases (despite his reputation to the contrary), and Pope's support of prohibition
may have also been an issue. The Senate nevertheless confirmed him on February 20, 1912, and he received his commission the same day. He served as the district court's sole judge until his death on September 13, 1916, in Atlanta, Georgia
.
One of Pope's decisions on the federal bench was reversed by the U.S. Supreme Court
, in United States v. Sandoval
, 231 U.S. 28 (1913). The issue was whether an 1897 federal law that criminalized the sale of alcohol to Indians applied to the Pueblos in the state of New Mexico. Pope had ruled that the Pueblos were ordinary citizens living on private property, and did not fit into the classes of Indians defined in the 1897 law. In reversing, the Supreme Court held that the Pueblos were a dependent people, which Congress had made clear in the Enabling Act providing for New Mexico's statehood.
Pope was a member of the Independent Order of Odd Fellows
, the Elks, Shriners
, and a freemason. He was married for eleven years, but had no children. He is buried in Fairview Cemetery
in Santa Fe.
New Mexico Territory
thumb|right|240px|Proposed boundaries for State of New Mexico, 1850The Territory of New Mexico was an organized incorporated territory of the United States that existed from September 9, 1850, until January 6, 1912, when the final extent of the territory was admitted to the Union as the State of...
, and the first federal judge in New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
after it attained statehood.
Pope was born in Beaufort, South Carolina
Beaufort, South Carolina
Beaufort is a city in and the county seat of Beaufort County, South Carolina, United States. Chartered in 1711, it is the second-oldest city in South Carolina, behind Charleston. The city's population was 12,361 in the 2010 census. It is located in the Hilton Head Island-Beaufort Micropolitan...
to Joseph James Pope, a lawyer, and Emily Hayes (Mikell). He received a M.A.
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
from the University of Georgia
University of Georgia
The University of Georgia is a public research university located in Athens, Georgia, United States. Founded in 1785, it is the oldest and largest of the state's institutions of higher learning and is one of multiple schools to claim the title of the oldest public university in the United States...
in 1889, followed by an LL.B. from its School of Law
University of Georgia School of Law
The University of Georgia School of Law is a graduate school of the University of Georgia. Founded in 1859 and located in Athens, Georgia, USA, Georgia Law was formerly known as the Lumpkin School of Law. The Law School is the second oldest of the University's schools and colleges. The University...
in 1890. He also taught at the University of Georgia as an adjunct professor of ancient languages from 1889 to 1890, when he was admitted to the bar. He then practiced law in Atlanta, Georgia
Atlanta, Georgia
Atlanta is the capital and most populous city in the U.S. state of Georgia. According to the 2010 census, Atlanta's population is 420,003. Atlanta is the cultural and economic center of the Atlanta metropolitan area, which is home to 5,268,860 people and is the ninth largest metropolitan area in...
.
He moved to Sante Fe
Santa Fe, New Mexico
Santa Fe is the capital of the U.S. state of New Mexico. It is the fourth-largest city in the state and is the seat of . Santa Fe had a population of 67,947 in the 2010 census...
in New Mexico Territory
New Mexico Territory
thumb|right|240px|Proposed boundaries for State of New Mexico, 1850The Territory of New Mexico was an organized incorporated territory of the United States that existed from September 9, 1850, until January 6, 1912, when the final extent of the territory was admitted to the Union as the State of...
in 1894, apparently seeking a climate that was better for his health. He practiced law there until 1896 in the firm Victory & Pope, with senior partner John P. Victory. Their partnership was also a public one; Victory was then the territory's attorney general, and Pope served as the Assistant Attorney General from 1895 to 1897. During that period, he served as a commissioner from New Mexico to the Atlanta Exposition in 1895, and on the Capitol Rebuilding Commission from 1895 to 1900.
In March 1896, Pope was appointed by the U.S. Attorney General to serve as a special assistant U.S. Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
in the United States Court of Private Land Claims
United States Court of Private Land Claims
The United States Court of Private Land Claims , was a United States court created to decide land claims guaranteed by the Treaty of Guadalupe Hidalgo, in the territories of New Mexico, Arizona, and Utah, and in the states of Nevada, Colorado, and Wyoming.-Origins:During Spanish and Mexican rule...
, from which Pope resigned in June 1902. He was then appointed by the Secretary of the Interior
United States Secretary of the Interior
The United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...
as a special U.S. attorney to represent the interests of the Pueblo Indians of New Mexico Territory, from 1901 to 1902.
In June 1902, Governor-General of the Philippines
Governor-General of the Philippines
The Governor-General of the Philippines was the title of the government executive during the colonial period of the Philippines, governed mainly by Spain and the United States, and briefly by Great Britain, from 1565 to 1935....
William Howard Taft
William Howard Taft
William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...
appointed Pope to a judgeship on the Court of First Instance, Philippine Islands. Pope established a friendship with Taft during his service there. He returned to the U.S. in July 1903, and in October was appointed 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...
as an associate justice on the New Mexico Territorial Supreme Court
New Mexico Supreme Court
The New Mexico Supreme Court is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution...
. Pope was elevated to Chief Justice in 1910, and served in that capacity until 1912.
Pope was the first judge appointed to the United States District Court for the District of New Mexico
United States District Court for the District of New Mexico
The United States District Court for the District of New Mexico is the federal district court whose jurisdiction comprises the state of New Mexico...
, upon its creation in 1912 when New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
attained statehood. Taft, now President, nominated Pope to the court on January 22, 1912. His nomination received some opposition. Ten prominent New Mexico lawyers accused Pope of delaying decisions in submitted cases (despite his reputation to the contrary), and Pope's support of prohibition
Prohibition
Prohibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
may have also been an issue. The Senate nevertheless confirmed him on February 20, 1912, and he received his commission the same day. He served as the district court's sole judge until his death on September 13, 1916, in Atlanta, Georgia
Atlanta, Georgia
Atlanta is the capital and most populous city in the U.S. state of Georgia. According to the 2010 census, Atlanta's population is 420,003. Atlanta is the cultural and economic center of the Atlanta metropolitan area, which is home to 5,268,860 people and is the ninth largest metropolitan area in...
.
One of Pope's decisions on the federal bench was reversed by the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, in United States v. Sandoval
United States v. Sandoval
United States v. Sandoval, , was a case decided by the United States Supreme Court.-Background:The King of Spain granted formal title to the Pueblo people in 1689. Mexico ceded most of what is today New Mexico to the United States in 1848 under the Treaty of Guadalupe Hidalgo...
, 231 U.S. 28 (1913). The issue was whether an 1897 federal law that criminalized the sale of alcohol to Indians applied to the Pueblos in the state of New Mexico. Pope had ruled that the Pueblos were ordinary citizens living on private property, and did not fit into the classes of Indians defined in the 1897 law. In reversing, the Supreme Court held that the Pueblos were a dependent people, which Congress had made clear in the Enabling Act providing for New Mexico's statehood.
Pope was a member of the Independent Order of Odd Fellows
Independent Order of Odd Fellows
The Independent Order of Odd Fellows , also known as the Three Link Fraternity, is an altruistic and benevolent fraternal organization derived from the similar British Oddfellows service organizations which came into being during the 18th century, at a time when altruistic and charitable acts were...
, the Elks, Shriners
Shriners
The Ancient Arabic Order of the Nobles of the Mystic Shrine, also commonly known as Shriners and abbreviated A.A.O.N.M.S., established in 1870, is an appendant body to Freemasonry, based in the United States...
, and a freemason. He was married for eleven years, but had no children. He is buried in Fairview Cemetery
Fairview Cemetery (Santa Fe, New Mexico)
Fairview Cemetery is a graveyard in Santa Fe, New Mexico. It was for many years the only non-Catholic cemetery in the city. There are roughly 3,700 people buried there. The graveyard is listed on the National Register of Historic Places....
in Santa Fe.