Homer R. Spence

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

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

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

References
  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. 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.

See also
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