Milford K. Smith
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Milford K. Smith (February 25, 1906 – November 15, 1984) was a Vermont attorney, politician, and judge. He is most notable for his service as an associate justice of the
Vermont Supreme Court The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont. Unlike most other states, the Vermont Supreme Court hears appeals directly from the trial courts, as Vermont has no intermediate appeals court. The court ...
from 1959 to 1976.


Early life

Milford Knowles Smith was born in
Albany, New York Albany ( ) is the List of capitals in the United States, capital city of the U.S. state of New York (state), New York. It is located on the west bank of the Hudson River, about south of its confluence with the Mohawk River. Albany is the oldes ...
on February 25, 1906, the son of Dr. Ray E. Smith and Ethel (Burgess) Smith. He was raised and educated in
Rutland, Vermont Rutland, Vermont may refer to: *Rutland (city), Vermont *Rutland (town), Vermont *Rutland County, Vermont *West Rutland, Vermont West Rutland is a town in Rutland County, Vermont, United States. The population was 2,214 at the 2020 census. The ...
, and graduated from Rutland High School in 1924. He then attended the
Tilton School Tilton School is an independent, coeducational, college-preparatory school in Tilton, New Hampshire, Tilton, New Hampshire, serving students from 9th to 12th grade and postgraduate year, postgraduate students. Founded in 1845, Tilton's student b ...
in
Tilton, New Hampshire Tilton is a New England town, town on the Winnipesaukee River in Belknap County, New Hampshire, United States. The population was 3,962 at the 2020 United States census, 2020 census, up from 3,567 at the 2010 census. It includes the village of Til ...
and the
University of Vermont The University of Vermont and State Agricultural College, commonly referred to as the University of Vermont (UVM), is a Public university, public Land-grant university, land-grant research university in Burlington, Vermont, United States. Foun ...
before enrolling at
Albany Law School Albany Law School is a private law school in Albany, New York. It was founded in 1851 and is the oldest independent law school in the nation. It is accredited by the American Bar Association The American Bar Association (ABA) is a voluntary ...
, from which he received his
LL.B. A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...
degree in 1930. Smith was a member of the
Phi Delta Theta Phi Delta Theta (), commonly known as Phi Delt, is an international secret and social Fraternities and sororities in North America, fraternity founded in 1848, and currently headquartered, at Miami University in Oxford, Ohio. Phi Delta Theta, alo ...
and
Phi Alpha Delta Phi Alpha Delta Law Fraternity, International ( or P.A.D.) is a North American professional fraternity composed of pre-law and law students, legal educators, attorneys, judges, and government officials. It is one of the largest professional law ...
fraternities.


Start of career

Smith was admitted to the bar soon after his law school graduation, and began a practice in Rutland. A Republican, he became involved in politics and government as Rutland's city attorney, a post he held from 1930 to 1932 and 1940 to 1948. He was the judge of Rutland's municipal court from 1936 to 1937, and again from 1942 to 1944. He was elected to the
Vermont Senate The Vermont Senate is the upper house of the Vermont General Assembly, the State legislature (United States), state legislature of the U.S. state of Vermont. The senate consists of 30 members elected from multi-member districts. Each senator repre ...
in 1950, and reelected in 1952. He served from 1951 until resigning in 1953 to accept an appointment as a judge.


Judicial career

In 1953, the
Vermont General Assembly The Vermont General Assembly is the legislative body of the state of Vermont, in the United States. The Legislature is formally known as the "General Assembly", but the style of "Legislature" is commonly used, including by the body itself. The G ...
elected Smith to fill a vacancy on the
Vermont Superior Court The Judiciary of Vermont is the State court (United States), state court Judiciary, system of Vermont, charged with Vermont law. Vermont Constitution The Vermont courts are established in the Vermont Constitution in sections 28-41 (Judiciary Depa ...
. He served until 1959, and rose by seniority to become next in line for appointment as the court's chief judge. In 1959, Chief Justice Walter H. Cleary and Associate Justice
Charles Bayley Adams Charles Bayley Adams (September 2, 1887 – February 6, 1961) was a Vermont politician, judge and attorney who served as President of the Vermont State Senate and a justice of the Vermont Supreme Court. Early life Charles Bayley Adams was bor ...
reached age 70, the mandatory retirement for judges in Vermont, and Associate Justice
Benjamin N. Hulburd Benjamin Noyes Hulburd (May 21, 1898 – April 9, 1964) was an American attorney, politician, and judge who served as an associate justice of the Vermont Supreme Court from 1955 to 1959, and chief justice from 1959 to 1963. Early life and educat ...
was promoted to chief justice. The state's longstanding tradition was to promote the chief judge of the superior court to the supreme court as vacancies arose. Because two supreme court vacancies occurred simultaneously in 1959, the legislature promoted Albert W. Barney Jr., the superior court's chief judge, and Smith, who was the next-senior superior court judge. Smith served as an associate justice until retiring in 1976. He was succeeded by William C. Hill, who was serving as chief judge of the superior court.


Other activities

A noted outdoors enthusiast, in addition to serving as president of the Vermont Fish and Game Club he was the longtime author of "Stray Shots and Short Casts", a column on hunting and fishing which was carried in the ''
Rutland Herald The ''Rutland Herald'', previously called the ''Rutland Daily Herald'', is the second largest daily newspaper in the U.S. state of Vermont (after ''The Burlington Free Press''). It is published in Rutland with its source of news geared towards ...
''. Smith also authored articles which were carried in ''
Field & Stream ''Field & Stream'' (''F&S'' for short) is an American magazine focusing on sport hunting, recreational fishing and other outdoor activities. It was a print publication between 1895 and 2015, and became an online-only publication in 2020. After ...
'', ''
Vermont Life ''Vermont Life'' was a quarterly regional magazine focusing on the Vermont lifestyle. It was published by the State of Vermont and was read by Vermont residents and those who live outside the state. The headquarters was in Montpelier. It was kn ...
'', and
Trout Unlimited Trout Unlimited (TU) is a US non-profit organization dedicated to the conservation of freshwater streams, rivers, and associated upland habitats for trout, salmon, other aquatic species, and people. It is headquartered in Arlington, Virginia. ...
's ''Trout'' magazine. In addition, he served as a trustee of the
American Museum of Fly Fishing The American Museum of Fly Fishing is a museum in Manchester, Vermont, United States, that preserves and exhibits artifacts related to American angling. Exhibits and collections The American Museum of Fly Fishing was established in 1968 in Man ...
. Smith was also president of the Rutland Free Library Association and a trustee of the Rutland Historical Society.


Retirement and death

In retirement, Smith continued to reside in Rutland. He was diagnosed with
liver cancer Liver cancer, also known as hepatic cancer, primary hepatic cancer, or primary hepatic malignancy, is cancer that starts in the liver. Liver cancer can be primary in which the cancer starts in the liver, or it can be liver metastasis, or secondar ...
in 1984, and died at his home in Rutland on November 15, 1984. He was buried at Evergreen Cemetery in Rutland.


Honors and legacy

In 1967, Smith,
James Stuart Holden James Stuart Holden (January 29, 1914 – November 18, 1996) was an American attorney and judge. He served as an associate justice and chief justice of the Vermont Supreme Court and later as a judge of the United States District Court for the Dis ...
, and Percival L. Shangraw were awarded
Albany Law School Albany Law School is a private law school in Albany, New York. It was founded in 1851 and is the oldest independent law school in the nation. It is accredited by the American Bar Association The American Bar Association (ABA) is a voluntary ...
's Trustees Gold Medal for distinguished public service. All three were ALS graduates, and at the time, Holden was chief justice of the Vermont Supreme Court and Smith and Shangraw were associate justices. Smith accumulated over 600 precolonial
Native American Native Americans or Native American usually refers to Native Americans in the United States. Related terms and peoples include: Ethnic groups * Indigenous peoples of the Americas, the pre-Columbian peoples of North, South, and Central America ...
artifacts, and authored articles and presented lectures on the history of American Indians in Vermont. After his death, the Vermont Archaeology Heritage Center, an office of the state Agency of Commerce and Community Development, acquired these items. The Center now maintains them as the Judge Milford Smith Collection.


Family

In 1942, Smith married Joyce M. Plunkett of Rutland; she was a graduate of Colby Junior College and the
Traphagen School of Fashion Traphagen School of Fashion was an art and design school in operation from 1923 to 1991, and was located at 1680 Broadway in New York City. The school was founded and directed by Ethel Traphagen Leigh (1883–1963) with a focus on the foundation ...
in
New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
. They were the parents of son Milford Knowles Smith Jr. and daughter Jane Atkinson Smith.


References


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External links

* * {{DEFAULTSORT:Smith, Milford K. 1906 births 1984 deaths People from Rutland (city), Vermont Albany Law School alumni Vermont lawyers Republican Party Vermont state senators Justices of the Vermont Supreme Court Burials at Evergreen Cemetery (Rutland, Vermont) 20th-century Vermont state court judges 20th-century American lawyers Tilton School alumni Phi Delta Theta members 20th-century members of the Vermont General Assembly