JUDICIAL VOICES PROJECT
Capturing Histories of the South Dakota Supreme Court on its 125th Anniversary
HISTORIES, ACCOUNTS AND COMMENTARIES ON THE SUPREME COURT AND LEGAL PRACTICE IN THE STATE OF SOUTH DAKOTA
Statehood Leading To The Court's Creation
The history of the South Dakota Supreme Court began with the split of the Dakota Territory into North and South Dakota on 2 November 1889, sometimes referred to as the birth of “Uncle Sam’s twins,” as the states entered the Union at the same moment. This separation occurred because the two population centers (Yankton and Bismarck) were several hundred miles away from each other and Republicans were applying pressure to admit two states in order to add to their power in the Senate. At the time of North Dakota and South Dakota’s statehood, President Benjamin Harrison formally dissolved the Supreme Court of Dakota Territory.
On 1 October 1889 a statewide election was held in South Dakota to approve the Constitution, select a temporary capital, and elect a governor, legislature, and Supreme and Circuit Court judges. South Dakota’s 1889 Constitution provided for three branches of government: executive, legislative, and judicial. The judicial branch included a Supreme Court, circuit courts, county courts, and justices of the peace. The Supreme Court consisted of three judges, each selected from a district. The first judges to be elected were Justices Dighton Corson, Alphonso G. Kellam, and John E. Bennett, who were sworn-in on October 15, 1889. Since there was no capitol building yet for the new state, the oath-taking ceremony took place on the Hughes County Courthouse veranda. The oath-taking ceremony was described in the October 16, 1889 newspaper, The Daily Capital:
"Never was there a more auspicious day for the launching of the ship of State of South Dakota. It was a perfect day. The officers all assembled on the front veranda of the courthouse in a semi-circle. The oath of office was administered by Territorial Presiding Judge Bartlett Tripp and was very short. Most of the people supposed Governor Mellette would make an inauguration speech, but in this they were disappointed as no speeches were made."
For these earliest judges, the Supreme Court salary was fixed at $3,000, and the Legislature added $1,800 per year for an expense allowance.
An opening ceremony was held on 4 February 1890 to mark the South Dakota Supreme Court’s first term. At this ceremony, Presiding Judge Corson administered an oath to fifty-seven attorneys who were admitted to practice before the Supreme Court. The Court then proceeded to hear cases. The Free Press described the mood of the event:
"A large delegation of attorneys, ladies, and citizens were present to witness the impressive ceremony of opening the Court. At the time set for opening, Presiding Judge Dighton Corson, followed by Judges A.G. Kellam and J.E. Bennett, entered from their private room. As they took their positions, the attorneys and audience arose to their feet as a due mark of respect to the dignity and the majesty of the law."