Howard Wiest
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Howard Wiest (February 24, 1864 – September 16, 1945) was an American jurist. Although he neither graduated from high school nor attended law school, he
read law Reading law was the primary method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship un ...
, became Chief Justice of the
Michigan Supreme Court The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the s ...
, and went on to be "the Dean" of all Michigan jurists.


Background

Born in
Washington Township, Macomb County, Michigan Washington Charter Township, located within Metro Detroit, is a charter township of Macomb County in the U.S. state of Michigan. The population was 28,165 at the 2020 census, up from 25,139 in 2010. History Washington Township was organized in ...
, to Jacob and Elizabeth Wiest, he had eight siblings. He attended school in Pontiac, Michigan, but "never finished high school." Wiest left school and worked as a
machinist A machinist is a tradesperson or trained professional who operates machine tools, and has the ability to set up tools such as milling machines, grinders, lathes, and drilling machines. A competent machinist will generally have a strong mechan ...
, and never attended law school. He then moved to
Detroit, Michigan Detroit ( , ) is the List of municipalities in Michigan, most populous city in the U.S. state of Michigan. It is situated on the bank of the Detroit River across from Windsor, Ontario. It had a population of 639,111 at the 2020 United State ...
,
read law Reading law was the primary method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship un ...
at the Detroit law firm of Atkinson & Atkinson, and was admitted to the Michigan bar in 1885. He was appointed commissioner of the Wayne County
Michigan Circuit Courts Circuit courts are the trial courts with the broadest powers in Michigan. In Michigan, circuit courts handle all felony criminal cases that could result in confinement to prison. They also deal with all civil cases for claims in excess of $25,00 ...
by
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Cyrus Luce. In April, 1890 he started ten years in private practice in Ingham County. at the
Bentley Historical Library The Bentley Historical Library is the campus archive for the University of Michigan and is located on the University of Michigan's North Campus in Ann Arbor. It was established in 1935 by the regents of the University of Michigan. Its mission ...
.
On December 19, 1888, he married Cora Newman of
Pontiac Pontiac most often refers to: * Pontiac (Odawa leader) ( – 1769), Native American war chief *Pontiac (automobile), a former General Motors brand Pontiac may also refer to: Places and jurisdictions Canada * Pontiac, Quebec, a municipality ** Apo ...
, and they had two children: Lucille Wiest and Theodosia Milkton (of
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). He was a Republican.


Judicial career

From 1900 to 1921, Wiest served as an
Ingham County, Michigan Ingham County ( ) is a county located in the U.S. state of Michigan. As of the 2020 Census, the population was 284,900. The county seat is Mason. Lansing, the state capital of Michigan, is largely located within the county. Lansing is the o ...
, 30th Judicial
Circuit Court Circuit courts are court systems in several common law jurisdictions. It may refer to: * Courts that literally sit 'on circuit', i.e., judges move around a region or country to different towns or cities where they will hear cases; * Courts that s ...
judge, which occasioned him to hear many important cases involving the State of Michigan. His name first appears at 213 ''Michigan Reports'' 95. He served in a judicial capacity for 44 continuous years. In 1913 he delivered a paper entitled "Districting the Judicial Circuits" to the State Bar of Michigan. In 1916 he became the first to fill the statutorily created position of "presiding Circuit Judge" in Michigan. In 1921, based on his experience and record in the Circuit Court Wiest was appointed to the
Michigan Supreme Court The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the s ...
by Governor Alex Groesbeck to fill the seat vacated upon the death of Flavius L. Brooke. He served as a Justice for twenty-four and one-half years, until his death in 1945. He was the chief justice in 1923, 1930, 1938. Wiest died in a
Lansing, Michigan Lansing () is the List of capitals in the United States, capital city of the U.S. state of Michigan. The most populous city in Ingham County, Michigan, Ingham County, parts of the city extend into Eaton County, Michigan, Eaton County and nort ...
hospital. An Honorary
Doctor of Laws A Doctor of Laws (LL.D.) is a doctoral degree in legal studies. The abbreviation LL.D. stands for ''Legum Doctor'', with the double “L” in the abbreviation referring to the early practice in the University of Cambridge to teach both canon law ...
was conferred upon him by the
University of Michigan Law School The University of Michigan Law School (branded as Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparati ...
in 1935. More than 1,400 opinions he authored appeared in 96 volumes of the Michigan Supreme Court Reports. He participated in deciding over ten thousand cases. His opinions had substantial impact on the state's decisional law. The Supreme Court Historical Society wryly noted:
He was personally slow to accept changing times. The paradox lies in the fact that his personal preferences found no reflection in his holdings. For instance, while the automobile affected day-to-day life, Wiest retained a personal preference for travel by rail and by horse and
carriage A carriage is a two- or four-wheeled horse-drawn vehicle for passengers. In Europe they were a common mode of transport for the wealthy during the Roman Empire, and then again from around 1600 until they were replaced by the motor car around 1 ...
. While the electric age affected daily lives, Wiest retained his personal preference for
illuminating gas The history of gaseous fuel, important for lighting, heating, and cooking purposes throughout most of the 19th century and the first half of the 20th century, began with the development of analytical chemistry, analytical and pneumatic chemistry i ...
and
kerosene lamps A kerosene lamp (also known as a paraffin lamp in some countries) is a type of lighting device that uses kerosene as a fuel. Kerosene lamps have a wick or mantle as light source, protected by a glass chimney or globe; lamps may be used on a t ...
Justice Wiest had a large estate, called " Shagbark" on Rowley Road in
Williamston, Michigan Williamston is a city in Ingham County in the U.S. state of Michigan. The population was 3,819 at the 2020 census. Williamston is located east of the city of Lansing and borders Williamstown Township to the north and Wheatfield Township to ...
. He himself mixed the mortar and laid the brick "for several commodious buildings" to house his 10,000 volume personal library. He regularly feted a large Ox roast summer dinner, the culmination of which was in 1940 when 1,200 notable guests gathered, including the president of the
American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
and prominent members of government and the judiciary. In 1931 he is listed as the ''Ex officio'' president and on the Board of Governors of The Lawyers' Club, University of Michigan.


Death and legacy

He died in hospital after a few years of decline, but a relatively short illness. When he died he was "the Dean of all Michigan jurists in point of service" and the "oldest member of the state's highest tribunal." He was the subject of a portrait executed in 1946 by Detroit artist Roy C. Gamble (1887–1972) which hangs at the Supreme Court. The portrait joins nine others by Gamble of Chief Justices. His remains are interred at Mount Hope Cemetery in Lansing, Michigan. Leland W. Carr was appointed as his successor by Governor Harry F. Kelly in 1945.


References


Notes


Citations


External links

*
1942 Press Photo Howard Wiest, Justice1945 Press Photo of Howard Wiest, Michigan Supreme Court JusticePhoto of Shagbark
{{DEFAULTSORT:Wiest, Howard 1864 births 1945 deaths Chief justices of the Michigan Supreme Court Michigan Republicans Michigan state court judges People from Williamston, Michigan People from Macomb County, Michigan U.S. state supreme court judges admitted to the practice of law by reading law 20th-century Michigan state court judges Justices of the Michigan Supreme Court