John H. Burford. A
large and benignant influence has been exerted by Judge Burford in
connection with the development and progress of the State of
Oklahoma, to which he has given distinguished service, not only as a
lawyer and jurist, but also as a legislator and as a citizen of broad
views and vigorous public spirit. He served for ten years as chief
justice of the Supreme Court of Oklahoma Territory, and as such
administered the oath to the members of the constitutional
convention, which framed the constitution, the adoption of which
gained for Oklahoma admission into the Union as a state. To him is
ascribed leadership in the movement that gained to the twin
territories admission as a sovereign state. He was the first
president of the Oklahoma City Commercial Club and as such issued the
call which resulted in the first joint statehood convention held by
the two territories. He represented the Twelfth Senatorial District
in the Oklahoma Legislature during the Fourth and Fifth General
Assemblies. The judge is essentially one of the distinguished members
of the Oklahoma bar, is consistently to be designated as a pioneer
citizen, and his character and services have given him inviolable
place in the confidence and esteem of the people of this vigorous
young commonwealth.
Judge Burford was
born in Parke County, Indiana, on the 29th of February, 1852, and is
a son of Rev. James Burford, who was a native of Indiana, and a
descendant of Elijah Hastings Burford, of English, Scotch and Welsh
ancestry, who emigrated from Oxfordshire County, England, and settled
in Amherst County, Virginia, in August, 1713. This family gave to the
nation a gallant patriot soldier in the War of the Revolution. Rev.
James Burford was a prominent member of the clergy of the Baptist
Church in Indiana, where he held various pastoral charges and where
he continued to reside until his death. Judge Burford’s great
grandfather, Daniel Burford. was a pioneer settler of Fort Harrod,
Mercer County, Kentucky, where he reared a large family, developed a
large landed estate and was prominent in
the civic and material progress of the community.
Like many other able
representatives of the legal profession, Judge Burford found the days
of his childhood and youth compassed by the conditions and influences
of the farm, and his early education was acquired in the schools of
his native state. In 1874, he was graduated in the University of
Indiana, with the degree of Bachelor of Laws, and thereafter he took
effective post graduate law courses, besides having been for a time a
student and assistant in the law offices of Judge D. V. Burns, of
Indianapolis. From the capitol city of Indiana, he removed to
Crawfordsville, the judicial center of Montgomery County that state,
where he initiated his independent career as a lawyer and where he
became an intimate friend of the distinguished soldier and author,
Gen. Lew Wallace, and also of the brilliant Indiana novelist, Maurice
Thompson.
At Crawfordsville,
Judge Burford soon gained professional prestige and success, and
there he served for two terms as prosecuting attorney of the
Twenty-second Judicial Circuit of the state. He early became active
in the affairs of the republican party in his native commonwealth,
and as a member of its state central committee in 1888, was a
vigorous and effective champion of Gen. Benjamin Harrison in the
latter’s campaign for the presidency of the United States, he having
taken a loyal part in effecting the nomination and election of
his distinguished and honored fellow Hoosier.
In 1890, Judge
Burford came to Oklahoma Territory, and soon afterwards he was
appointed, by Governor George W. Steele,
the first Probate judge of Beaver County, in the region formerly
designated as “ No Man’s Land.” His incumbency of this office
continued two days, at the expiration of which he resigned and
located in Oklahoma City, where shortly afterwards he assumed the
office of Register of the United States Land Office, a position to
which he was appointed by President Harrison. Of this post he
continued the incumbent until March, 1892, when he was appointed by
President Harrison associate justice of the Supreme Court, to succeed
Hon. Abram J. Seay, who had resigned to accept appointment to the
office of governor of the territory, as successor of Governor Steele,
who had resigned. As an associate justice of the Supreme Court, Judge
Burford was assigned to the Second District, which embraced the
western part of the territory, and he accordingly removed to El Reno,
in order to reside within the judicial district for which he was
appointed. He continued his services on the Supreme bench for a
period of four years and four months, three years of which were under
President Cleveland. He discharged the duties of this high position
with such ability and efficiency, that he gained the friendship and
support of Attorney General Judson Harmon, and President Cleveland
over the protest of some partisan democrats, permitted Judge Burford
to serve for the full term for which he was appointed. He was
succeeded by Hon. John C. Tarsney, of Kansas City, and then resumed
the active practice of his profession, with residence and office in
El Reno.
On the 16th of
February, 1898, Judge Burford was appointed by President McKinley, to
the distinguished office of chief justice of the Supreme Court of
Oklahoma Territory, and was reappointed
in 1902, and again in 1906 by President Roosevelt, so that he
continued in tenure of this important judicial office until the two
territories were combined and admitted to statehood on the 16th day
of November, 1907. The judge had much influence in formulating and
directing the territorial system of jurisprudence which still
prevails in the state, and manifested the true judicial qualities, as
well as a broad and comprehensive knowledge of law and precedent.
While serving as chief justice he published thirteen volumes of
Supreme Court reports, and as chairman of the board of trustees of
the Territorial Library, he effected the elimination of an
indebtedness of $5,000 against the library, besides increasing its
collection to the notable aggregate of 15,000 volumes. One of his
last official acts on the bench was in rendering the noted decision
in a case in which citizens of Greer County sought to prevent the
state constitutional convention from dividing that historical county
or from incorporating any of its territory into other counties. The
questions involved were presented by a number of the ablest lawyers
in the constitutional convention on one side, and by a number of
eminent lawyers on the other. In this case, Judge Burford announced
the principle afterwards affirmed by the Supreme Court, that the
constitutional convention was a body possessed of the highest
legislative functions in the exercise of which the courts had no
power or jurisdiction to interfere. Judge Burford was a member of the
commission designated under the enabling act to divide the two
territories into districts for the election of delegates to the
constitutional convention, and was a member also of the canvassing
board that declared the result of the vote on the adoption of the
state constitution.
Upon the assumption
of the office of chief justice of the Territorial Supreme Court,
Judge Burford established his residence in the City of Guthrie, the
territorial capital, and there he for several years maintained his
home. His law business is one of broad scope and importance and he
has appeared in connection with many of
the most celebrated cases presented in the various courts of Oklahoma
during the state regime. He represented the citizens of Guthrie
throughout all the legal proceedings in the courts of the state and
the Supreme Court of the United States involving the removal and
relocation of the state capital. He has continued a leader in the
councils of the republican party in the state and in 1914 was made
its unanimous nominee for United States senator, but was defeated in
the general election at the polls, as was the entire republican
ticket. In the meanwhile, in 1912, he was elected representative of
the Twelfth District in the State Senate for the term of four years.
He thus served during the Fourth and Fifth Legislative Assemblies and
was a commanding figure in the work and deliberations of the upper
house. In the Fourth Legislature the judge was chairman of the
committee on Federal relations, and a member also of judiciary
committee No. 1, as well as of the committees on banks and banking,
and revenue and taxation. In this session he was the author of a bill
abolishing the county high school of Logan County; a bill abolishing
the Superior Court of the same county, and a bill providing the
system by which vacancies in the Legislature should be filled. He was
elected on a platform pledging him to champion vigorously the cause
of Guthrie in its efforts to become again the state capital, but his
earnest efforts were inadequate to overcome the strong opposition
put forth in behalf of Oklahoma City.
In the Fifth
Legislature Judge Burford was chairman of the Senate Committee on
Military Affairs and held membership also on the committees of ways
and means, legal advisory, revenue and taxation, public service
corporations, banks and banking, Federal relations, constitution and
constitutional amendments, mines and manufacturing, legislative and
judicial apportionment and commerce and labor. He was specially
influential in the furtherance of measures to conserve greater
economy in the administration of the various departments of
.government of the state, in abolishing a number of offices, in
promoting more efficient public service, and in his efforts to
divorce the judicial system of the state from politics. He introduced
a bill requiring that judges should be elected on a separate ballot
from that of other officials, and also a bill defining the status of
the bank guaranty fund and providing for the administration of this
fund. High-minded civic loyalty, great circumspection and thorough
familiarity with constitutional law and with governmental policies,
made Judge Burford one of the most valuable of legislators, and his
record in the Senate, as well as on the bench has become an integral
and important part of the history of Oklahoma, a state which he has
honored and which has in turn conferred upon him high honors. At the
expiration of the regular session of the Fifth Legislative Assembly
in March, 1915, Judge Burford resigned his position as state senator
for Logan County, and took up his residence in Oklahoma City, where
he is actively engaged in the practice of his profession as senior
member of the firm of Burford, Robertson & Hoffman.
In the City of
Indianapolis, Indiana, on St. Valentine’s day in the centennial year.
February 14, 1876, was solemnized the marriage of Judge Burford to
Miss Mary A. Cheek, to whom have been born one son, Frank Braden. who
is now referee in bankruptcy for the Western Federal District of
Oklahoma, and who is engaged in the practice of law at Guthrie. He
was graduated in the Guthrie High School, received the degree of
Bachelor of Arts from the University of Kansas, and completed
thereafter a course in the law department of the historic old
University of Virginia at Charlottesville, from which he received the
degree of Bachelor of Laws.
While Judge Burford
has always taken an interest in political affairs,
and has been looked to by republicans as one or the leaders, he has
never been a partisan and abhors the title of politician. He has been
honored by the members of his profession as president of the State
Bar Association and delegate to the American Bar Association, and is
a member of the Commercial Law league. He has been loyal to the
profession and has persistently been active in endeavors to raise the
standard of professional ethics. He has at all times been the
champion of the courts, and has openly denounced any attacks upon the
integrity or good faith of the judiciary.
One of Judge
Burford’s chief characteristics has been his pronounced interest in
the progress and success of young men, and especially young lawyers,
many of whom he has assisted and specially befriended.