1917 Wisconsin Supreme Court election|
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The 1917 Wisconsin Supreme Court election was held on Tuesday, April 3, 1907, to elect a justice to the Wisconsin Supreme Court for a ten-year term. Walter C. Owen (the attorney general of Wisconsin) defeated incumbent justice Roujet D. Marshall. This was only the third instance in the state's history in which an incumbent Supreme Court justice lost an election. Marshall's defeat was largely attributed to a controversial ruling he authored striking down the state's forestry law.
Background
Marshall had held his seat since 1895, when Governor William Upham appointed him to fill a vacancy on the court.[1] He was thereafter elected to the seat three times, first in the special election of 1896, being re-elected in the regular elections held in 1897 and 1907.[2] He faced no opposition in those elections.
Result
Owen defeated Marshall. This was only the third instance in which an incumbent justice lost an election to the tate's supreme court (the previous instances being in 1855 and 1908). As of 2025 this has only occurred five further times (in 1947, 1958, 1967, 2008, and 2020).[2][3]
Marshall's defeat has been largely attributed to a then-controversial 1915 majority opinion that he had authored regarding the state's Forestry Law (a law championed by the state's progressive). Marshall had found that the violated state's constitution. The law had established a state forest preserve and created a state commission tasked with conservation of lands that had been cleared by lumbering. Contrarily, as attorney general Owen had defended the law before the court.[2][1]
References
- ^ a b Ranney ¡first=Joseph (July 1, 2003). "Justice Roujet D. Marshall: The World of Buoyant Opportunism". Wisconsin Lawyer. 76. State Bar of Wisconsin. Retrieved April 18, 2025.
- ^ a b c Ostermeier, Eric (April 11, 2011). "The Incumbency Advantage in Wisconsin Supreme Court Elections". Smart Politics. Retrieved April 8, 2025.
- ^ Johnson, Shawn (April 14, 2020). "Jill Karofsky Wins Wisconsin Supreme Court Race, Defeating Conservative Incumbent". WPR. Retrieved April 8, 2025.
- ^ The Wisconsin Blue Book 1919 (Report). State of Wisconsin. 1919. p. 43. Retrieved April 18, 2025.
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