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Homer R. Spence

January 01, 1970

Homer Roberts Spence (March 15, 1891 – July 1, 1973) was an Associate Justice of the California Supreme Court (1945-1960) and a justice of the District Court of Appeal, First District (1930-1945).[1]

Homer Roberts Spence
Associate Justice of the California Supreme Court
In office
January 2, 1945 – June 1, 1960
Appointed byGovernor Earl Warren
Preceded byJesse W. Curtis Sr.
Succeeded byMaurice T. Dooling Jr.
Associate Justice of the California Court of Appeal, First District
In office
1930 – January 1, 1945
Appointed byGovernor C. C. Young
Preceded byJohn T. Nourse
Succeeded byC. J. Goodell
Member of the California State Assembly
from the 35th district district
In office
January 3, 1921 - January 3, 1927
Preceded byWilliam J. Locke
Succeeded byRoy Bishop
Personal details
Born(1891-03-15)March 15, 1891
San Francisco, California, U.S.
DiedJuly 1, 1973(1973-07-01) (aged 82)
Oakland, California, U.S.
Political partyRepublican
Spouse
Frances Davie Horton
​
​
(m. 1952)​
Alma materStanford University (B.A.)
Stanford Law School (LL.B.)

Biography edit

Spence was born on March 15, 1891, in San Francisco, California, and educated in the public schools, including Mastick Grammar School (class of 1904) and Alameda High School.[2][3] In 1913, he graduated from Stanford University with a B.A. degree in pre-legal studies.[4] He continued his studies at Stanford Law School, graduating in 1915 with a LL.B. degree, was admitted to the California bar, and entered private practice.[5]

In 1920, Spence was elected as a Republican Assemblyman from Oakland's 35th district in the California State Assembly,[6] and in January 1925 his name was considered for the position of speaker of the house.[7][8] Afterwards, he served as private secretary to Governor C. C. Young, accompanying him on a fishing trip to the Yosemite Valley in June 1927.[9][10] On October 3, 1927, when Spence was ready to depart the governor's office, Young appointed Spence to a seat on the Alameda County Superior Court.[10][11][12] In September 1928, Spence ran unopposed and was elected to a new term on the superior court.[13]

In March 1930, Governor Young elevated Spence to the Court of Appeal.[14] In September 1930, during the next election, Spence successfully ran for a seat on the Court of Appeal, First District, with an unexpired term ending January 1933, winning over Frank Deasy, presiding judge of the San Francisco Municipal Court.[15][16][17]

In December 1944, Governor Earl Warren appointed Spence as an associate justice of the California Supreme Court,[18] and he began his term on January 2, 1945. Spence replaced Jesse W. Curtis Sr., who retired in December 1944.[19][20] In November 1950, Spence successfully ran for re-election.[21] While on the court, Spence was one of three Justices joining in dissent from the holding in Perez v. Sharp,[22] in which the court held by a vote of 4 to 3 that interracial bans on marriage violated the Fourteenth Amendment to the United States Constitution and therefore were illegal in California.[23] On June 1, 1960, Spence resigned from the high court and in his place Governor Pat Brown appointed Maurice T. Dooling Jr.[24]

Spence died on July 1, 1973, in Oakland.

Personal life edit

On November 15, 1952, Spence married Frances Davie Horton, a widow in San Francisco.[25]

References edit

  1. ^ Earl Warren Oral History Project Retrieved 2011-06-05
  2. ^ "Many Graduate from School". San Francisco Call. Vol. 96, no. 3. California Digital Newspaper Collection. 3 June 1904. p. 6. Retrieved July 29, 2017. Mastic School...Homer R. Spence.
  3. ^ "Supervisors of Play Are Named by Commission, Instructors to Direct Sports of Alameda Children". San Francisco Call. Vol. 110, no. 12. California Digital Newspaper Collection. 12 June 1911. p. 8. Retrieved July 29, 2017. Homer Spence, a graduate of the Alameda high school, and who his taken a special course at Stanford university
  4. ^ "Two Hundred in Graduating Class, List of Candidates for Degrees Announced at Stanford University". San Francisco Call. Vol. 113, no. 162. California Digital Newspaper Collection. 11 May 1913. p. 23. Retrieved July 29, 2017.
  5. ^ "The 75th Anniversary Reunion" (PDF). Stanford Lawyer: 14. Spring 1968. Retrieved July 29, 2017. And again there were the Honored Alumni, including those who were graduated in 1918 or be- fore. Their chairman was Judge Homer Spence '15
  6. ^ "Join California - Homer R. Spence". joincalifornia.com.
  7. ^ "Legislators to Choose Leaders". Madera Mercury. No. 237. California Digital Newspaper Collection. 3 January 1925. p. 1. Retrieved July 29, 2017. Homer Spence of Oakland and Senator Wright of San Jose have also been mentioned.
  8. ^ "Apportioning Group Chosen". San Bernardino Sun. Vol. 59, no. 33. California Digital Newspaper Collection. 3 October 1926. p. 17. Retrieved July 29, 2017. Homer Spence, for several terms assemblyman from Alameda, and long recognized as a leader In state legislative matters.
  9. ^ "Young Stays on Job When Officials Fish". San Bernardino Sun. Vol. 60, no. 88. California Digital Newspaper Collection. 7 June 1927. p. 4. Retrieved July 29, 2017. Officials on the fishing trip are Homer Spence, the governor's private secretary
  10. ^ a b Roberts, Homer L. (3 October 1927). "At the State Capital". Healdsburg Tribune. No. 278. California Digital Newspaper Collection. United Press. p. 4. Retrieved July 29, 2017.
  11. ^ "Sierra County's Only Lawyer Appointed to Bench by Young". San Bernardino Sun. Vol. 66, no. 21. California Digital Newspaper Collection. 21 March 1930. p. 1. Retrieved July 29, 2017.
  12. ^ "Ahearn Damage Suit is Ordered Back For Retrial". Livermore Journal. Vol. 10, no. 49. California Digital Newspaper Collection. 15 August 1929. p. 1. Retrieved July 29, 2017.
  13. ^ "August Primary Campaign Opens". Livermore Journal. Vol. 9, no. 38. California Digital Newspaper Collection. 31 May 1928. p. 6. Retrieved July 29, 2017.
  14. ^ "Spence Named to High Court". Healdsburg Tribune. No. 112. California Digital Newspaper Collection. United Press. 17 March 1930. p. 2. Retrieved July 29, 2017.
  15. ^ "Incumbents in Equalization Board Victors". San Bernardino Sun. Vol. 66, no. 181. California Digital Newspaper Collection. 28 August 1930. p. 2. Retrieved July 29, 2017.
  16. ^ "Letter to the Editor from Homer R. Spence". Sausalito News. No. 39. California Digital Newspaper Collection. 26 September 1930. p. 2. Retrieved July 29, 2017.
  17. ^ "Tuesday's Primary to Bring Out Big Vote in Marin Co". Sausalito News. No. 34. California Digital Newspaper Collection. 22 August 1930. p. 12. Retrieved July 29, 2017.
  18. ^ "Warren Submits Name Spence For Justice". Madera Tribune. No. 241. California Digital Newspaper Collection. 12 December 1944. p. 6. Retrieved July 29, 2017.
  19. ^ "County Bar to Honor Curtis". San Bernardino Sun. No. 51. California Digital Newspaper Collection. 23 February 1945. p. 11. Retrieved July 29, 2017.
  20. ^ "Former Supreme Court Justice Given Tributes". San Bernardino Sun. No. 51. California Digital Newspaper Collection. 7 March 1945. p. 10. Retrieved July 29, 2017. Associate justices of the supreme court introduced by the chief justice were John W. Shenk, Douglas L. Edmonds, Roger J. Traynor, Jesse W. Carter, B. Rey Schauer and Homer R. Spence, the latter recently appointed to succeed Justice Curtis.
  21. ^ "The Candidates and Propositions". Healdsburg Tribune, Enterprise and Scimitar. No. 6. California Digital Newspaper Collection. 2 November 1950. p. 16. Retrieved July 29, 2017.
  22. ^ 198 P.2d 17 (Cal. 1948) (en banc).
  23. ^ Rose Cuison Villazor and Kevin Noble Maillard, Loving v. Virginia in a Post-Racial World: Rethinking Race, Sex, and Marriage (2012), p. 78.
  24. ^ "Governor Picks Dooling for High Court". Madera Tribune. No. 250. California Digital Newspaper Collection. 2 May 1960. p. 8. Retrieved July 28, 2017.
  25. ^ "Judge, Widow Marry". San Bernardino Sun. Vol. 59, no. 66. California Digital Newspaper Collection. 17 November 1952. p. 4. Retrieved July 29, 2017.

External links edit

  • Homer R. Spence. California Supreme Court Historical Society.
  • List of Past and Present Justices. California Court of Appeal, First District.
  • Past & Present Justices. California State Courts. Retrieved July 19, 2017.

See also edit

Legal offices
Preceded by Associate Justice of the California Supreme Court
1945–1960 		Succeeded by
Preceded by
John T. Nourse
 Associate Justice of the California Court of Appeal, First District
1930–1945 		Succeeded by
Preceded by
William J. Locke
 Assemblyman from Oakland's 35th district in the California State Assembly
1920–1926 		Succeeded by
Roy Bishop

January 01, 1970
homer, spence, homer, roberts, spence, march, 1891, july, 1973, associate, justice, california, supreme, court, 1945, 1960, justice, district, court, appeal, first, district, 1930, 1945, homer, roberts, spenceassociate, justice, california, supreme, courtin, o. Homer Roberts Spence March 15 1891 July 1 1973 was an Associate Justice of the California Supreme Court 1945 1960 and a justice of the District Court of Appeal First District 1930 1945 1 Homer Roberts SpenceAssociate Justice of the California Supreme CourtIn office January 2 1945 June 1 1960Appointed byGovernor Earl WarrenPreceded byJesse W Curtis Sr Succeeded byMaurice T Dooling Jr Associate Justice of the California Court of Appeal First DistrictIn office 1930 January 1 1945Appointed byGovernor C C YoungPreceded byJohn T NourseSucceeded byC J GoodellMember of the California State Assembly from the 35th district districtIn office January 3 1921 January 3 1927Preceded byWilliam J LockeSucceeded byRoy BishopPersonal detailsBorn 1891 03 15 March 15 1891San Francisco California U S DiedJuly 1 1973 1973 07 01 aged 82 Oakland California U S Political partyRepublicanSpouseFrances Davie Horton m 1952 wbr Alma materStanford University B A Stanford Law School LL B Contents 1 Biography 2 Personal life 3 References 4 External links 5 See alsoBiography editSpence was born on March 15 1891 in San Francisco California and educated in the public schools including Mastick Grammar School class of 1904 and Alameda High School 2 3 In 1913 he graduated from Stanford University with a B A degree in pre legal studies 4 He continued his studies at Stanford Law School graduating in 1915 with a LL B degree was admitted to the California bar and entered private practice 5 In 1920 Spence was elected as a Republican Assemblyman from Oakland s 35th district in the California State Assembly 6 and in January 1925 his name was considered for the position of speaker of the house 7 8 Afterwards he served as private secretary to Governor C C Young accompanying him on a fishing trip to the Yosemite Valley in June 1927 9 10 On October 3 1927 when Spence was ready to depart the governor s office Young appointed Spence to a seat on the Alameda County Superior Court 10 11 12 In September 1928 Spence ran unopposed and was elected to a new term on the superior court 13 In March 1930 Governor Young elevated Spence to the Court of Appeal 14 In September 1930 during the next election Spence successfully ran for a seat on the Court of Appeal First District with an unexpired term ending January 1933 winning over Frank Deasy presiding judge of the San Francisco Municipal Court 15 16 17 In December 1944 Governor Earl Warren appointed Spence as an associate justice of the California Supreme Court 18 and he began his term on January 2 1945 Spence replaced Jesse W Curtis Sr who retired in December 1944 19 20 In November 1950 Spence successfully ran for re election 21 While on the court Spence was one of three Justices joining in dissent from the holding in Perez v Sharp 22 in which the court held by a vote of 4 to 3 that interracial bans on marriage violated the Fourteenth Amendment to the United States Constitution and therefore were illegal in California 23 On June 1 1960 Spence resigned from the high court and in his place Governor Pat Brown appointed Maurice T Dooling Jr 24 Spence died on July 1 1973 in Oakland Personal life editOn November 15 1952 Spence married Frances Davie Horton a widow in San Francisco 25 References edit Earl Warren Oral History Project Retrieved 2011 06 05 Many Graduate from School San Francisco Call Vol 96 no 3 California Digital Newspaper Collection 3 June 1904 p 6 Retrieved July 29 2017 Mastic School Homer R Spence Supervisors of Play Are Named by Commission Instructors to Direct Sports of Alameda Children San Francisco Call Vol 110 no 12 California Digital Newspaper Collection 12 June 1911 p 8 Retrieved July 29 2017 Homer Spence a graduate of the Alameda high school and who his taken a special course at Stanford university Two Hundred in Graduating Class List of Candidates for Degrees Announced at Stanford University San Francisco Call Vol 113 no 162 California Digital Newspaper Collection 11 May 1913 p 23 Retrieved July 29 2017 The 75th Anniversary Reunion PDF Stanford Lawyer 14 Spring 1968 Retrieved July 29 2017 And again there were the Honored Alumni including those who were graduated in 1918 or be fore Their chairman was Judge Homer Spence 15 Join California Homer R Spence joincalifornia com Legislators to Choose Leaders Madera Mercury No 237 California Digital Newspaper Collection 3 January 1925 p 1 Retrieved July 29 2017 Homer Spence of Oakland and Senator Wright of San Jose have also been mentioned Apportioning Group Chosen San Bernardino Sun Vol 59 no 33 California Digital Newspaper Collection 3 October 1926 p 17 Retrieved July 29 2017 Homer Spence for several terms assemblyman from Alameda and long recognized as a leader In state legislative matters Young Stays on Job When Officials Fish San Bernardino Sun Vol 60 no 88 California Digital Newspaper Collection 7 June 1927 p 4 Retrieved July 29 2017 Officials on the fishing trip are Homer Spence the governor s private secretary a b Roberts Homer L 3 October 1927 At the State Capital Healdsburg Tribune No 278 California Digital Newspaper Collection United Press p 4 Retrieved July 29 2017 Sierra County s Only Lawyer Appointed to Bench by Young San Bernardino Sun Vol 66 no 21 California Digital Newspaper Collection 21 March 1930 p 1 Retrieved July 29 2017 Ahearn Damage Suit is Ordered Back For Retrial Livermore Journal Vol 10 no 49 California Digital Newspaper Collection 15 August 1929 p 1 Retrieved July 29 2017 August Primary Campaign Opens Livermore Journal Vol 9 no 38 California Digital Newspaper Collection 31 May 1928 p 6 Retrieved July 29 2017 Spence Named to High Court Healdsburg Tribune No 112 California Digital Newspaper Collection United Press 17 March 1930 p 2 Retrieved July 29 2017 Incumbents in Equalization Board Victors San Bernardino Sun Vol 66 no 181 California Digital Newspaper Collection 28 August 1930 p 2 Retrieved July 29 2017 Letter to the Editor from Homer R Spence Sausalito News No 39 California Digital Newspaper Collection 26 September 1930 p 2 Retrieved July 29 2017 Tuesday s Primary to Bring Out Big Vote in Marin Co Sausalito News No 34 California Digital Newspaper Collection 22 August 1930 p 12 Retrieved July 29 2017 Warren Submits Name Spence For Justice Madera Tribune No 241 California Digital Newspaper Collection 12 December 1944 p 6 Retrieved July 29 2017 County Bar to Honor Curtis San Bernardino Sun No 51 California Digital Newspaper Collection 23 February 1945 p 11 Retrieved July 29 2017 Former Supreme Court Justice Given Tributes San Bernardino Sun No 51 California Digital Newspaper Collection 7 March 1945 p 10 Retrieved July 29 2017 Associate justices of the supreme court introduced by the chief justice were John W Shenk Douglas L Edmonds Roger J Traynor Jesse W Carter B Rey Schauer and Homer R Spence the latter recently appointed to succeed Justice Curtis The Candidates and Propositions Healdsburg Tribune Enterprise and Scimitar No 6 California Digital Newspaper Collection 2 November 1950 p 16 Retrieved July 29 2017 198 P 2d 17 Cal 1948 en banc Rose Cuison Villazor and Kevin Noble Maillard Loving v Virginia in a Post Racial World Rethinking Race Sex and Marriage 2012 p 78 Governor Picks Dooling for High Court Madera Tribune No 250 California Digital Newspaper Collection 2 May 1960 p 8 Retrieved July 28 2017 Judge Widow Marry San Bernardino Sun Vol 59 no 66 California Digital Newspaper Collection 17 November 1952 p 4 Retrieved July 29 2017 External links editHomer R Spence California Supreme Court Historical Society List of Past and Present Justices California Court of Appeal First District Past amp Present Justices California State Courts Retrieved July 19 2017 See also editList of justices of the Supreme Court of California Legal offices Preceded byJesse W Curtis Sr Associate Justice of the California Supreme Court1945 1960 Succeeded byMaurice T Dooling Jr Preceded byJohn T Nourse Associate Justice of the California Court of Appeal First District1930 1945 Succeeded byC J Goodell Preceded byWilliam J Locke Assemblyman from Oakland s 35th district in the California State Assembly1920 1926 Succeeded byRoy Bishop Retrieved from https en wikipedia org w index php title Homer R Spence amp oldid 1210253842, wikipedia, wiki, book, books, library,

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