John W. Shenk

John Wesley Shenk (1875–1959) was a city attorney in Los Angeles, California, a Superior Court judge and a member of the California Supreme Court.

Personal

Shenk

Shenk was born on February 7, 1875, in Shelburne, Vermont, the son of John Wesley Shenk of Cobbleskill, New York, who was a Methodist minister (died July 1922), and Susannah C. Brooks (died April 1929). He had three brothers, William W., Edmund S. and Adolphus B., and two sisters, Carrie M. (Wilson) and Susannah C. (McRae).^[1] He was educated in Shelbourne and in Omaha, Nebraska, public schools and received a Bachelor of Arts degree from Ohio Wesleyan University and a law degree from the University of Michigan, in 1903, after which he passed an oral examination for the bar before the California Supreme Court. He later received honorary doctor of laws degrees from both universities and from the University of Southern California.^[2][3][4]

He was married to Lena R. Custer in 1907. They had two sons, Samuel Custer and John Wesley Jr.^[1]

He was a Shriner and Knight Templar and a member of Lodge No. 99, Benevolent & Protective Order of Elks, Sons of the Revolution, Beta Theta Pi college fraternity and Phi Delta Phi legal fraternity, the Jonathan Club of Los Angeles and the Commonwealth Club of San Francisco. He was master of South Pasadena Masonic Lodge No. 367 and was a member of the Order of the Red Cross of Constantine.^[2][3]

During the last 35 years of his life, he lived in Los Altos, California, where he was active in establishing a union church. He died on August 3, 1959.^[3]

Vocation

Non-legal

Shenk, second from left, with other U.S soldiers during the Spanish–American War

Shenk was a printer, farmer, painter and newspaper reporter, and he was a soldier during the Spanish–American War. when he was with the 4th Ohio Volunteer Infantry, which saw service in Puerto Rico. After the war, he joined his brother Adolphus in the Imperial Valley as a farm hand and mule skinner, then, at the age of 26, as a school teacher.^[3]

Legal

Los Angeles

In 1906 Shenk was appointed a deputy city attorney in Los Angeles, California, and in 1909 he became city attorney when Leslie R. Hewitt resigned from that position.^[3] During his term, the cities of Wilmington and San Pedro, were merged with the city of Los Angeles, and Shenk later recalled "a midnight trip midst irate farmers and sharp-toothed watch dogs as he hurriedly listing polling places and secured names of election officers for the required ordinance calling the annexation election." Shenk was in charge of the city's legal office when Los Angeles annexed the San Fernando Valley and began the Owens River Project to bring water to the city through the Los Angeles Aqueduct.^[3]

In a memorial tribute to Shenk written after his death, U.S. Judge Stanley N. Barnes recalled Shenk's role in a controversy between the city and the Pacific Electric Railroad, which wanted to lay a spur railroad track to some land in San Pedro to which it claimed ownership. Barnes said:

It was necessary to cross First Street in San Pedro. City Attorney Shenk said this required a franchise. By way of answer, and over the Labor Day weekend and holiday, the Pacific Electric hurriedly installed the track over the street—relying on the absence of judges and injunctions over the holidays and a fait accompli. The Board of Public Works, acting on the advice of John Shenk, paid back in kind on the following weekend. It took men, horses and equipment to the harbor, took possession of the empty railroad cars after removing them, tore up the tracks and announced the city was and would remain in possession. The Outer Harbor was saved for the people of Los Angeles.

Barnes added in regard to Shenk's influence: "Then there was the development of municipal power; the "Hyperion" sewer problem; the famous Griffith Park case . . . the acquisition of the Los Angeles Public Library site; [and] the Water District Act of 1913—still known as the Shenk Act.^[3]

Supreme Court

In 1913, Governor Hiram Johnson appointed Shenk to succeed Nathaniel P. Conrey as a judge in the Los Angeles Superior Court, and in 1924 Governor Friend W. Richardson named him to the California Supreme Court, where he sat for thirty-five years and wrote 1,355 opinions.^[3]

Two of these opinions were:

• A 1945 decision for a unanimous court in Alfafara v. Fross that Filipino-Americans were not aliens under the definition of the California constitution and therefore were eligible to buy and sell property in the state.^[5][6]

• A 1948 dissent in the case of Perez v. Sharp, in which the court held by a vote of 4 to 3 that interracial bans on marriage violated the Fourteenth Amendment to the United States Constitution and therefore were illegal in California. The opinion was the first of any state to strike down an anti-miscegenation law in the United States.^[7] In his dissent, joined by B. Rey Schauer and Homer R. Spence,^[8] Shenk wrote:

The power of a state to regulate and control the basic social relationship of marriage of its domiciliaries is here challenged and set at nought by a majority order of this court arrived at not by a concurrence of reasons but by the end result of four votes supported by divergent concepts not supported by authority and in fact contrary to the decisions in this state and elsewhere.

. . . such laws have been in effect in this country since before our national independence and in this state since our first legislative session. They have never been declared unconstitutional by any court in the land although frequently they have been under attack. It is difficult to see why such laws, valid when enacted and constitutionally enforceable in this state for nearly 100 years and elsewhere for a much longer period of time, are now unconstitutional under the same Constitution and with no change in the factual situation. It will also be shown that they have a valid legislative purpose even though they may not conform to the sociogenetic views of some people. When that legislative purpose appears it is entirely beyond judicial power, properly exercised, to nullify them.^[7]

References

1. "Last Rites Are Given to Minister," Los Angeles Times, July 6, 1922, page 16
2. H. James Boswell, American Blue Book California Lawyers (1928), page 25
3. "In Memoriam," Cal. Reports 2d Vol. 53]
4. "Mother of Jurist Passes to Reward,' Los Angeles Times, April 1, 1929, page A-8
5. Rodel Rodis, "Were Filipinos 'Aliens' in the United States?" Asian Week, July 31, 2013
6. Alfafara v. Fross. 26 Cal.2d 358 S. F. No. 17108. In Bank. May 22, 1945
7. Supreme Court of California, Perez v. Sharp (October 1, 1948), 32 Cal.2d 711, 198 P,2nd 17
8. Rose Cuison Villazor and Kevin Noble Maillard, Loving v. Virginia in a Post-Racial World: Rethinking Race, Sex, and Marriage (2012), p. 78.