Erskine Mayo Ross

Erskine Mayo Ross was a federal appellate judge who served on the United States Court of Appeals for the Ninth Circuit for three decades, from 1895 until his retirement in 1925. Born in Virginia in 1845, he built a distinguished legal career in California following the Civil War, serving on both the California Supreme Court and as a federal district judge before his appointment to the circuit court by President Grover Cleveland, a Democrat. Ross's judicial service spanned a formative period in the development of federal law in the American West, and his legacy extended beyond the bench through a substantial bequest that established an enduring essay competition administered by the American Bar Association.

Early life and legal career

Ross was born on June 30, 1845, in the community of Belpre in Culpeper County, Virginia. He pursued his education at the Virginia Military Institute during the tumultuous years of the Civil War. His studies were interrupted twice as he left the institution to provide assistance to the Confederate States Army, after which he returned to complete his military training. He graduated from the Virginia Military Institute in 1864, near the end of the conflict.

Following the war, Ross relocated westward to Los Angeles, California, in 1868, where he began his legal education and career. He joined the law office of his uncle, Cameron E. Thom, who was a prominent attorney in the region and a former state senator who would later serve as Mayor of Los Angeles. Under his uncle's tutelage, Ross studied law for two years before gaining admission to the bar of the district court. By 1875, he had been admitted to the bar of the state supreme court. Through his partnership with his uncle, Ross achieved both financial success and professional recognition relatively early in his career.

Ross's rapid rise in California's legal community led to his election to the Supreme Court of California in October 1879. This election came at a unique moment in the state's judicial history, as the adoption of a new state constitution required elections for all court positions. Running on both the Democratic and Workingmen's Party tickets, Ross won election at the age of thirty-four, notably without having previously served on the bench of any lower court. He commenced his term on January 5, 1880. The newly elected justices participated in a lottery to determine the length of their initial terms, and Ross, along with fellow justice John Sharpstein, drew a three-year term. In October 1882, Ross successfully stood for re-election on the Democratic ticket alongside Sharpstein, this time winning a twelve-year term on the state's highest court.

Despite his electoral success, Ross chose to leave the state supreme court before completing his second term. In November 1885, he announced his intention to resign effective January 1, 1886, in order to return to private practice with his law partner Stephen M. White. However, he postponed his departure and ultimately remained on the court until October 1, 1886, when he formally stepped down to resume private practice.

Federal appellate service

Ross's return to private practice proved brief, as he soon entered federal judicial service. President Grover Cleveland nominated him on December 16, 1886, to serve as a United States district judge for the United States District Court for the Southern District of California. This appointment was to a newly created seat authorized by federal statute. The United States Senate confirmed his nomination on January 13, 1887, and he received his commission the same day. Ross served in this district court position for approximately eight years, until March 5, 1895, when his service terminated due to his elevation to a higher court.

President Cleveland nominated Ross to the United States Court of Appeals for the Ninth Circuit on February 19, 1895, to fill a newly authorized seat. The Senate confirmed the nomination on February 22, 1895, and Ross received his commission that same day. At the time of his appointment, he was also commissioned to serve on the United States Circuit Courts for the Ninth Circuit, as the federal court system then included both circuit courts and courts of appeals operating in parallel. This dual appointment reflected the structure of the federal judiciary during that era. The Circuit Courts were abolished on December 31, 1911, as part of judicial reforms, after which Ross served exclusively on the Court of Appeals.

Ross's tenure on the Ninth Circuit was remarkably lengthy, spanning thirty years during a period of significant growth and development in the American West. He served as an active judge until May 31, 1925, when he assumed senior status at the age of seventy-nine. His service on the court concluded with his death on December 10, 1928, in Los Angeles, at the age of eighty-three. His three decades on the federal appellate bench made him one of the longer-serving judges in the circuit's history during that era.

Jurisprudence and legacy

While specific details of Ross's judicial opinions and legal philosophy are not extensively documented in available records, his long tenure on the Ninth Circuit during a formative period in western legal development suggests he played a significant role in shaping federal jurisprudence in the region. The Ninth Circuit during Ross's service had jurisdiction over a vast and rapidly changing territory, addressing legal questions arising from the economic and social transformation of the American West in the late nineteenth and early twentieth centuries.

Ross's most enduring legacy may be the philanthropic bequest he made through his will. He designated $100,000 to establish an essay contest to be administered by the American Bar Association. This substantial endowment created a competition that has continued for decades, encouraging legal scholarship and writing on important issues facing the American justice system. The contest itself became notable in legal history when it spawned a significant tax case involving a contest winner who successfully avoided paying income tax on prize money. This case prompted Congress to amend the tax code to ensure that such winnings would be subject to taxation in the future.

Beyond his judicial service, Ross was involved in various professional and civic organizations. He was among the founders of the fraternity Alpha Tau Omega, contributing to the establishment of an organization that would grow into a national presence. He also held membership in the Society of Colonial Wars in the State of California, having been admitted as a charter member on November 30, 1895.

Ross married Inez Hannah Bettis on May 7, 1874, and the couple had one son, Robert Erskine Ross, born in 1875. Following Inez's death on December 12, 1907, Ross remarried in June 1909 to Ida Haraszthy Hancock, a wealthy widow in Los Angeles and daughter of Agoston Haraszthy. Ross died on December 10, 1928, in Los Angeles, having served the federal judiciary for more than four decades across two courts.