Sydney M. Smith

Sydney McCain Smith (April 9, 1869 – July 24, 1948)[3] was a Justice of the Supreme Court of Mississippi from 1909 to 1948, and its Chief Justice starting in 1912.[2][4] His 39-year tenure made him "by far the longest-serving Mississippi Supreme Court justice".[1]

Sydney M. Smith
Chief Justice Sydney M. Smith in 1923
Chief Justice of the Mississippi Supreme Court
In office
August 8, 1912  July 24, 1948
Preceded byRobert B. Mayes
Succeeded byVirgil A. Griffith
Associate Justice of the Mississippi Supreme Court
In office
February 25, 1909  August 8, 1912
Appointed byEdmond Noel
Preceded byRobert Virgil Fletcher
Succeeded byMalcolm B. Montgomery
Personal details
Born(1869-04-09)April 9, 1869
DiedJuly 24, 1948(1948-07-24) (aged 79)[1][2][3]
Political partyDemocratic
Spouse(s)Mattie Lee Smith
EducationUniversity of Mississippi (LL.B.)

Early life, education, and career

Born in Lexington, Mississippi, Smith attended the public schools of that city and received an LL.B. from the University of Mississippi in 1893.[2] He entered the practice of law in Yazoo City, Mississippi, in July, 1893, returning to Lexington in February 1894. He was elected to the Mississippi House of Representatives from Holmes County, Mississippi, in 1899, and re-elected on November 3, 1903, thereafter serving until 1906.[2]

Judicial service

In 1906, Governor James K. Vardaman appointed Smith to a seat on the Mississippi Fourth Circuit Court.[1] On February 25, 1909 Governor Edmond Noel announced Smith's elevation to a seat on the state supreme court.[5]

Smith became Chief Justice under the prevailing rules of the court, when he became the senior judge on the court upon the resignation of Robert B. Mayes on August 8, 1912. This made Smith the youngest Chief Justice to serve to that point.[2] In 1914 and 1915, Smith also served as president of the Mississippi State Bar Association.[4] By 1916, with Smith's encouragement, the Constitution of Mississippi was amended to make state supreme court positions elected, and Smith ran for an eight-year term on the court. He was opposed in the Democratic primary by former Governor Andrew H. Longino, but Longino's relatively late entry into the campaign neutralized any advantage that he may have gained from Smith's inability to campaign early due to the obligations of his position.[4] On August 15, 1916, Smith defeated Longino in the primary by a vote of 10,886 to 8,323.[4] With no Republican opponent in the general election, this sealed Smith's victory for winning the term.[4]

Smith was reelected without opposition in 1924, and handily defeated opponents who challenged his reelection bids in 1932 and 1940.[1][4] Over the course of this service, he was the author of "roughly eighteen hundred opinions", including a noted 1943 wartime opinion dissenting from a conviction for "disloyalty" under a statute that Smith found to be overly broad.[1]

Personal life and death

On April 9, 1896, Smith married Mattie Lee Smith, of Crystal Springs, Mississippi, the daughter of James C. and Matilda Smith.[2]

Smith had a heart attack in July 1946, and thereafter remained in fragile health until he died two years later, at the age of 79.[1][3]

References

  1. "Sydney McCain Smith (1869–1948) Mississippi Supreme Court Justice". Mississippi Encyclopedia. Retrieved February 6, 2022.
  2. Rowland, Dunbar (1923). The Official and Statistical Register of the State of Mississippi, Volume 5. Department of Archives and History. pp. 87–89.
  3. "State's Top Jurist Is Widely Mourned", McComb Enterprise-Journal (July 26, 1948), p. 1, 4.
  4. Leslie Southwick, Mississippi Supreme Court Elections: A Historical Perspective 1916-1996, 18 Miss. C. L. Rev. 115 (1997-1998).
  5. "Sydney M. Smith Appointed Judge of Supreme Court", Vicksburg Evening Post (February 26, 1909), p. 5.
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