John Emmett Carland
Encyclopedia
John Emmett Carland was a United States federal judge
.
Born in Oswego County, New York
, Carland attended the University of Michigan
, and read law in 1877 to enter the Bar. He entered private practice in Bismarck
, in what was then Dakota Territory
, and was also city attorney of Bismarck and county attorney of Burleigh County. He was the U.S. Attorney for the Dakota Territory from 1885 to 1888, and a Justice of the Dakota territorial Supreme Court in 1888 and 1889. Returning to private practice in Sioux Falls, South Dakota
from 1889 to 1895, Carland was a delegate to the North Dakota state constitutional convention from Burleigh County in 1889, and also served as a special assistant to the U.S. attorney for the District of South Dakota.
On August 31, 1896, Carland received a recess appointment
from President Grover Cleveland
to a seat on the United States District Court for the District of South Dakota
vacated by Alonzo J. Edgerton
. Formally nominated on December 8, 1896, Carland was confirmed by the United States Senate
on December 15, 1896, and received his commission the same day. On December 12, 1910, Carland was nominated by President William H. Taft to a seat on the newly created United States Commerce Court
, and to a seat on the United States Court of Appeals for the Eighth Circuit
. Both seats were created by 36 Stat. 539, which provided that Commerce Court judges would be simultaneously appointed to one of the U.S. Courts of Appeals, and would eventually rotate out of service on the Commerce Court and onto that Court of Appeals. Carland was confirmed to the joint appointment by the United States Senate on January 31, 1911, and received his commission the same day. The Commerce Court was abolished on December 13, 1913, and Carland thereafter served on the Eighth Circuit until his death in 1922, in Washington, D.C.
He was interred at Rock Creek Cemetery, Washington, D.C.
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....
.
Born in Oswego County, New York
Oswego County, New York
Oswego County is a county located in the U.S. state of New York. As of the 2010 Census, the estimated population was 122,109. The City of Oswego and the Village of Pulaski serve as the dual county seats in a two shire system of government...
, Carland attended the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
, and read law in 1877 to enter the Bar. He entered private practice in Bismarck
Bismarck, North Dakota
Bismarck is the capital of the U.S. state of North Dakota and the county seat of Burleigh County. It is the second most populous city in North Dakota after Fargo. The city's population was 61,272 at the 2010 census, while its metropolitan population was 108,779...
, in what was then Dakota Territory
Dakota Territory
The Territory of Dakota was an organized incorporated territory of the United States that existed from March 2, 1861, until November 2, 1889, when the final extent of the reduced territory was split and admitted to the Union as the states of North and South Dakota.The Dakota Territory consisted of...
, and was also city attorney of Bismarck and county attorney of Burleigh County. He was the U.S. Attorney for the Dakota Territory from 1885 to 1888, and a Justice of the Dakota territorial Supreme Court in 1888 and 1889. Returning to private practice in Sioux Falls, South Dakota
Sioux Falls, South Dakota
Sioux Falls is the largest city in the U.S. state of South Dakota. Sioux Falls is the county seat of Minnehaha County, and also extends into Lincoln County to the south...
from 1889 to 1895, Carland was a delegate to the North Dakota state constitutional convention from Burleigh County in 1889, and also served as a special assistant to the U.S. attorney for the District of South Dakota.
On August 31, 1896, Carland received a recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...
from President Grover Cleveland
Grover Cleveland
Stephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents...
to a seat on the United States District Court for the District of South Dakota
United States District Court for the District of South Dakota
The United States District Court for the District of South Dakota is the United States District Court or the Federal district court, whose jurisdiction for issues pertaining to federal law or diversity for the state of South Dakota. The court is based in Sioux Falls with other courthouses in...
vacated by Alonzo J. Edgerton
Alonzo J. Edgerton
Alonzo Jay Edgerton was an American politician, who graduated from Wesleyan University in 1850, and there became a member of the Mystical Seven. After residing in Mississippi and Illinois for periods of time, Edgerton settled in Mantorville in 1855 and was admitted to the bar. In 1859 he was...
. Formally nominated on December 8, 1896, Carland 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 December 15, 1896, and received his commission the same day. On December 12, 1910, Carland was nominated by President William H. Taft to a seat on the newly created United States Commerce Court
United States Commerce Court
The Commerce Court of the United States was a brief-lived federal trial court. It was created by the Mann-Elkins Act in 1910 and abolished a mere three years later. The Commerce Court was a specialized court, given jurisdiction over cases arising from orders of the Interstate Commerce Commission...
, and to a seat on the United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
. Both seats were created by 36 Stat. 539, which provided that Commerce Court judges would be simultaneously appointed to one of the U.S. Courts of Appeals, and would eventually rotate out of service on the Commerce Court and onto that Court of Appeals. Carland was confirmed to the joint appointment by the United States Senate on January 31, 1911, and received his commission the same day. The Commerce Court was abolished on December 13, 1913, and Carland thereafter served on the Eighth Circuit until his death in 1922, in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
He was interred at Rock Creek Cemetery, Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....