Donald LaFayette Cunningham (April 21, 1866 – March 24, 1947) was one of the original Justices of the Supreme Court of Arizona, serving from February 14, 1912, to January 4, 1921. He served as chief justice from January 1918 to December 1929 and served as a member of Arizona's 1910 constitutional convention.
Cunningham was born in Gaylesville, Alabama on April 21, 1866. He graduated from Gaylesville High School and read law with John L. Burnett, a leading attorney and future member of Congress from Alabama. Cunningham was admitted to practice law in Centre, Alabama on December 23, 1887.[1]
Careeredit
In January 1888, Cunningham began to practice in Ashville, Alabama and was also editor of the "St. Clair Advance," a weekly newspaper. In February, 1889, he moved to Fort Payne and in 1893 to Colorado. He spent one year in Trinidad, then proceeded to Cripple Creek at the close of the "Bull Hill War." There he started a law practice, but after a few months took up mining and stock brokerage, and operated on the stock exchange.[1] In April, 1896, the town was mostly destroyed by a fire.[2] Cunningham lost everything in the fire except for a single office chair; he later accepted a position as a salesman in a grocery store.[1]
In 1897, Cunningham traveled to the Blue Mountains in Utah, where he flipped a coin to decide whether to travel to Idaho or Arizona. Arizona won, and Cunningham reached Flagstaff on August 14, 1897. There, Cunningham worked as a laborer for several months before briefly moving to Phoenix before he returned to Flagstaff, where he was employed for a time in the lumber mills and in the District Attorney's office. His later moved to Williams, where he opened a law office and was elected first City Attorney, practicing there several years. In 1904, while practicing in Tombstone, Cunningham married Louisa Leavenworth. He served as District Attorney of Cochise County, and was a Democrat County delegate to the Arizona Constitutional Convention, where he chaired the Judiciary Committee.[1] At the convention he worked to defeat propositions that were "designed to prevent judges from enjoining labor interests involved in disputes with employers."[3] Cunningham, along with Albert Baker and Alfred Franklin, have been called the "fathers of article XVIII, section 5," of Arizona's Constitution, which provides that juries will determine matters of contributory negligence.[4]
Supreme Courtedit
Cunningham's election to the Supreme Court has become part of Arizona folklore. While Cochise County Attorney shortly before Arizona was admitted as a state, Cunningham made public his ambition to become judge of the superior court. Reputedly, those who feared he might be elected as their superior court judge prevailed upon him to instead seek election to the Arizona Supreme Court. Cunningham sought election to the supreme court position and surprised his detractors by succeeding.[5]
Cunningham took his seat on the Court on February 14, 1912, the date Arizona entered the union. He served as chief justice from January 1918 until December 1929, when he was succeeded by Henry D. Ross. Cunningham retired from the Court on January 4, 1921, when he was replaced by Archibald G. McAlister.[6]
^Legonds of America – Cripple Creek, p. 2 2014-05-23 at the Wayback Machine. Retrieved February 25, 2017.
^Rebecca White Berch, A History of the Arizona Courts, 3 Phoenix L. Rev. 11, 17 (2010)
^Noel Fidel, Preeminently A Political Institution: The Right of Arizona Juries to Nullify the Law of Contributory Negligence, 23 Ariz. St. L.J. 1, 14–15 (1991)
^John M. Roll, Merit Selection: The Arizona Experience, 22 Ariz. St. L.J. 837, 844 (1990)
^AZCourts – Judicial History. Retrieved February 25, 2017.
^'Homage Paid To Willcox Jurist', Tucson Daily Citizen, March 31, 1947, pg. 1.
Further readingedit
Conners, Jo, ed. (1913). Who's who in Arizona. Tucson. OCLC 8862523. {{cite book}}: |work= ignored (help)CS1 maint: location missing publisher (link)
John S. Goff, The Records of the Arizona Constitutional Convention of 1910, 1389–90 (1991)
December 07, 2023
donald, cunningham, donald, lafayette, cunningham, april, 1866, march, 1947, original, justices, supreme, court, arizona, serving, from, february, 1912, january, 1921, served, chief, justice, from, january, 1918, december, 1929, served, member, arizona, 1910, . Donald LaFayette Cunningham April 21 1866 March 24 1947 was one of the original Justices of the Supreme Court of Arizona serving from February 14 1912 to January 4 1921 He served as chief justice from January 1918 to December 1929 and served as a member of Arizona s 1910 constitutional convention Donald L CunninghamDonald L Cunningham circa 1913Chief Justice of the Arizona Supreme CourtIn office January 1918 December 1929Preceded byAlfred FranklinSucceeded byHenry D RossJustice of the Arizona Supreme CourtIn office February 14 1912 January 4 1921Preceded byPosition EstablishedSucceeded byArchibald G McAlisterPersonal detailsBornApril 21 1866Gaylesville AlabamaDiedMarch 24 1947 1947 03 24 aged 80 Willcox ArizonaPolitical partyDemocratResidenceTombstone Arizona Contents 1 Early life and education 2 Career 2 1 Supreme Court 3 Death 4 References 5 Further readingEarly life and education editCunningham was born in Gaylesville Alabama on April 21 1866 He graduated from Gaylesville High School and read law with John L Burnett a leading attorney and future member of Congress from Alabama Cunningham was admitted to practice law in Centre Alabama on December 23 1887 1 Career editIn January 1888 Cunningham began to practice in Ashville Alabama and was also editor of the St Clair Advance a weekly newspaper In February 1889 he moved to Fort Payne and in 1893 to Colorado He spent one year in Trinidad then proceeded to Cripple Creek at the close of the Bull Hill War There he started a law practice but after a few months took up mining and stock brokerage and operated on the stock exchange 1 In April 1896 the town was mostly destroyed by a fire 2 Cunningham lost everything in the fire except for a single office chair he later accepted a position as a salesman in a grocery store 1 In 1897 Cunningham traveled to the Blue Mountains in Utah where he flipped a coin to decide whether to travel to Idaho or Arizona Arizona won and Cunningham reached Flagstaff on August 14 1897 There Cunningham worked as a laborer for several months before briefly moving to Phoenix before he returned to Flagstaff where he was employed for a time in the lumber mills and in the District Attorney s office His later moved to Williams where he opened a law office and was elected first City Attorney practicing there several years In 1904 while practicing in Tombstone Cunningham married Louisa Leavenworth He served as District Attorney of Cochise County and was a Democrat County delegate to the Arizona Constitutional Convention where he chaired the Judiciary Committee 1 At the convention he worked to defeat propositions that were designed to prevent judges from enjoining labor interests involved in disputes with employers 3 Cunningham along with Albert Baker and Alfred Franklin have been called the fathers of article XVIII section 5 of Arizona s Constitution which provides that juries will determine matters of contributory negligence 4 Supreme Court edit Cunningham s election to the Supreme Court has become part of Arizona folklore While Cochise County Attorney shortly before Arizona was admitted as a state Cunningham made public his ambition to become judge of the superior court Reputedly those who feared he might be elected as their superior court judge prevailed upon him to instead seek election to the Arizona Supreme Court Cunningham sought election to the supreme court position and surprised his detractors by succeeding 5 Cunningham took his seat on the Court on February 14 1912 the date Arizona entered the union He served as chief justice from January 1918 until December 1929 when he was succeeded by Henry D Ross Cunningham retired from the Court on January 4 1921 when he was replaced by Archibald G McAlister 6 Death editCunningham died in Willcox Arizona on March 24 1947 7 References edit a b c d Conners 1913 p 503 Legonds of America Cripple Creek p 2 Archived 2014 05 23 at the Wayback Machine Retrieved February 25 2017 Rebecca White Berch A History of the Arizona Courts 3 Phoenix L Rev 11 17 2010 Noel Fidel Preeminently A Political Institution The Right of Arizona Juries to Nullify the Law of Contributory Negligence 23 Ariz St L J 1 14 15 1991 John M Roll Merit Selection The Arizona Experience 22 Ariz St L J 837 844 1990 AZCourts Judicial History Retrieved February 25 2017 Homage Paid To Willcox Jurist Tucson Daily Citizen March 31 1947 pg 1 Further reading editConners Jo ed 1913 Who s who in Arizona Tucson OCLC 8862523 a href Template Cite book html title Template Cite book cite book a work ignored help CS1 maint location missing publisher link John S Goff The Records of the Arizona Constitutional Convention of 1910 1389 90 1991 Retrieved from https en wikipedia org w index php title Donald L Cunningham amp oldid 1172195884, wikipedia, wiki, book, books, library,
