David Taylor (Wisconsin judge)

For other people named David Taylor, see David Taylor (disambiguation).

The Honorable David Taylor
Associate Justice of the Wisconsin Supreme Court
In office April 18, 1878 – April 3, 1891
Preceded by	New Seat
Succeeded by	John B. Winslow
Wisconsin Circuit Court Judge for the 4th Circuit
In office July 1, 1858 – December 31, 1868
Appointed by	Alexander Randall
Preceded by	William R. Gorsline
Succeeded by	Campbell McLean
Member of the Wisconsin Senate from the 1st district
In office January 4, 1869 – January 2, 1871
Preceded by	Robert H. Hotchkiss
Succeeded by	John H. Jones
In office January 1, 1855 – January 5, 1857
Preceded by	Horatio N. Smith
Succeeded by	Elijah Fox Cook
Member of the Wisconsin State Assembly from the Sheboygan 1st district
In office January 3, 1853 – January 2, 1854
Preceded by	James McMillan Shafter
Succeeded by	Adolph Rosenthal
District Attorney of Sheboygan County, Wisconsin Territory
In office January 1, 1847 – January 1, 1848
Preceded by	D. U. Harrington
Succeeded by	John Sharpstein
Personal details
Born	(1818-03-11)March 11, 1818 Carlisle, New York, U.S.
Died	April 3, 1891(1891-04-03) (aged 73) Madison, Wisconsin, U.S.
Cause of death	Heart attack
Resting place	Wildwood Cemetery, Sheboygan, Wisconsin
Political party	Republican Whig (before 1854)
Spouses	Mary Salome Calender (died 1898)
Children	Mary Esther (McDonnell) (b. 1860; died 1952) Alma (Roys) (b. 1876; died 1974) Jerry Taylor Alice Taylor David Taylor 1 other son
Alma mater	Union College
Occupation	lawyer, politician, judge

David W. Taylor (March 11, 1818 – April 3, 1891) was an American attorney, judge, and Republican politician. He was a justice of the Wisconsin Supreme Court for the last 13 years of his life (1878–1891). Previously, he served ten years as a Wisconsin circuit court judge, and was a member of the Wisconsin State Senate and Assembly.

Early life

Born in Carlisle, New York, Taylor graduated from Union College in 1841 and was admitted to the New York Bar at Cobleskill, in 1844. He practiced law in New York for two years, before moving to the Wisconsin Territory in 1846.

Career

Taylor first visited Milwaukee and Green Bay, but decided to settle at Sheboygan. He arrived at Sheboygan by boat, on the same ship that brought Harrison Carroll Hobart—the two men would establish the first legal firms in the city. Taylor partnered with Cyrus Hiller, creating a firm known as Taylor & Hiller. That fall, he was elected district attorney of Sheboygan County for a one-year term.

In 1852, he was elected from Sheboygan County's 1st district to the Wisconsin State Assembly for the 1853 legislative session. At this time, he was a member of the Whig Party, but would soon after become a member of the newly-established Republican Party. In his one term in the Assembly, Taylor served on the committee for education, schools, and university lands, the committee on state affairs, and the committee on finance. Taylor was renominated by the Whig Party for another term in the Assembly, but was defeated by Democrat Adolph Rosenthal.

In 1854, he was elected to the Wisconsin State Senate as a Republican. During the 1855 session of the legislature, Taylor made an inquiry into the meaning of a number of disbursement payments to the then-Governor William A. Barstow. As a result, and possibly as an attempt to deter or embarrass Mr. Taylor, the Democratic majority offered to make him a committee of one to investigate the matter. Taylor researched the matter and came to the conclusion that Barstow had improperly claimed $600 (approximately $17,000 adjusted for inflation to 2021). The investigation added to a building narrative about corruption in the Barstow administration, and Barstow was ultimately narrowly defeated in the 1855 gubernatorial election. The report also made Mr. Taylor a Democratic target for retribution and personal grudges for the rest of his career. He did not seek renomination to another term in the Senate in 1856.

At the 1857 Republican State Convention, his name was placed in nomination for Governor of Wisconsin, amidst the rivalry between Edward D. Holton and Walter D. McIndoe. But ultimately Alexander Randall was chosen as the consensus alternative. Less than a year later, on the resignation of Judge William R. Gorsline, Governor Randall appointed Mr. Taylor Wisconsin circuit court judge for the 4th circuit. At the time, the 4th circuit comprised Calumet, Fond du Lac, Manitowoc, and Sheboygan counties. The following April, Judge Taylor defeated a challenge from Isaac S. Tallmadge in an election to fill the remainder of Judge Gorsline's term. He was subsequently re-elected without opposition in 1862. In 1868, Judge Taylor ran for a second six-year term, but was defeated by Democrat Campbell McLean. Taylor's defeat was considered a major upset, as McLean was a lawyer of little significance who had served a term in the Assembly. Taylor was likely hurt among the German American population by his recent opposition to Sunday laws in Wisconsin.

Undaunted, that fall he entered the race to reclaim his seat in the Wisconsin State Senate. Though he won the election, his seat was immediately contested on the grounds that he could not legally receive votes for a legislative seat while serving as a circuit court judge (his judicial term technically did not expire until December 1868). A formal complaint was introduced by Democratic Senator Edward S. Bragg in the first weeks of the new legislative session. After a brief hearing in the Senate Judiciary Committee, Senator Taylor's victory was certified and he was allowed to resume his duties. By far, Taylor's most significant legislative achievement of this term was his leadership in the passage of two resolutions, which led to the abolition of the grand jury system in Wisconsin.

Revised Statutes

Taylor did not seek re-election in 1870 and instead set to work on a new compilation of the statutes of Wisconsin with annotations relating to relevant judicial case law. Taylor had been appointed to a commission in 1857 which had produced the last compilation of the statutes. He published his compilation in 1871 in a 2,200 page compendium commonly referred to as Taylor's Statutes. When the state found it necessary to produce an updated version in 1875, the Wisconsin Supreme Court chose Judge Taylor as president of the commission managing the new compilation. In the meantime, Judge Taylor relocated from Sheboygan to Fond du Lac, Wisconsin, and formed a new law partnership, first with J. M. Gillet, and then with George Eaton Sutherland.

Supreme Court

In 1878, the Wisconsin Supreme Court was set to expand from three seats to five, due to a constitutional amendment approved in 1877. A pre-determined compromise ensured that both new seats would be uncontested—the Democrats and Republicans would each choose one candidate to stand unopposed. Judge Taylor was promptly nominated by a conference of Republican state legislators as their candidate. He was elected alongside Democrat Harlow S. Orton without opposition. He was re-elected to a ten-year term in 1885, without serious opposition.

Judge Taylor worked until the day of his death. He died of a sudden heart attack on April 3, 1891, after eating dinner at his home on West Wilson Street in Madison, Wisconsin.

Family and legacy

He married Mary Salome Calender (1828–1898), with whom he had six children.

Much of his former estate in Sheboygan, Wisconsin, is now known as "Taylor Park" and is maintained by the Sheboygan County Historical Museum. The museum operates out of his former home within the park—known as the David Taylor House, it is listed in the National Register of Historic Places.

Electoral history

Wisconsin Circuit Court (1859, 1862, 1868)

Wisconsin Circuit Court, 4th Circuit Election, 1868

Party		Candidate	Votes	%	±%
General Election, April 7, 1868
	Democratic	Campbell McLean	9,171	52.92%
	Republican	David Taylor (incumbent)	8,157	47.07%
		Scattering	1	0.01%
Plurality			1,014	5.85%
Total votes			17,329	100.0%
	Democratic gain from Republican

Wisconsin Supreme Court (1878, 1885)

Wisconsin Supreme Court Election, 1885

Party		Candidate	Votes	%	±%
General Election, April 7, 1885
	Nonpartisan	David Taylor (incumbent)	192,324	98.91%
	Nonpartisan	Levi M. Vilas	2,018	1.04%
		Scattering	99	0.05%
Plurality			190,306	97.87%
Total votes			194,441	100.0%

Published works

• Taylor, David (1871). The Revised Statutes of the State of Wisconsin. Chicago: E. B. Myers & Co.

See also

• David Taylor House

External links

• David Taylor at Find a Grave