Samuel Bell McKee
Associate Justice of the California Supreme Court
In office
January 5, 1880 – January 3, 1887
Appointed byDirect election
Preceded byElections under new constitution of 1879
Succeeded byVan R. Paterson
Personal details
BornAugust 1822
Portaferry, County Down, Ireland
DiedMarch 3, 1887(1887-03-03) (aged 64)
Oakland, California, U.S.
Spouse(s)
Martha Alston Davis
​
​
(m. 1847; died 1855)​

Sarah Ann "Sally" Davis
​
​
(m. 1859)​
Alma materOglethorpe University

Samuel Bell McKee (August 1822 – March 2, 1887) was an American attorney and Associate Justice of the Supreme Court of California from January 5, 1880, to January 3, 1887. Including his time on the trial court, he sat on the bench for more than 30 years, making him one of the longest serving judges in California history.

Early life and education

McKee was born in August 1822 in Portaferry, County Down, Ireland, near Belfast to Anna Bell and Robert McKee.[1] At the age of 12, he emigrated with his parents to Charleston, South Carolina.[2] When he was 18 years of age, he moved to Georgia, where he attended Oglethorpe University near Atlanta.[3] He then read law in the offices of Judge Henry W. Collier of Tuscaloosa County, Alabama, and later moved to Panola County, Mississippi, where he practiced law.[4] On February 17, 1843, he became a naturalized United States citizen.[5]

In 1852, he came to Stockton but by 1853 moved to Oakland, California, where his brother-in-law resided. McKee became involved in real estate litigation arising from Mexican land grants.[4] In 1856, Alameda County was divided from Contra Costa County, and McKee was elected a judge of Alameda County.[6][7] In 1859, he became judge for the Third District Court in Oakland, California, for the counties of Alameda, Santa Clara, Santa Cruz and Monterey.[8] In 1863, he was reelected over Judge Francis E. Spencer and won election again in 1869 and 1875.[9][10][11] McKee held the position of District Judge until 1879, when he joined the Supreme Court.[12][13]

McKee tried several times to win a seat on the Supreme Court. In June 1871, McKee was put forward by the Democrats to replace Augustus Rhodes, who planned to retire in December 1871.[4] But the party nominated Seldon S. Wright, who lost in the election.[14] In 1873, a Supreme Court seat became open due to the death of Royal Sprague. The Democratic Party nominated McKee to run against the Republican candidate Samuel H. Dwinelle of Oakland, and Elisha W. McKinstry of the Independent Party, who was ultimately elected.[15][16][17]

In 1879, when adoption of a new constitution required elections for all seats on the Supreme Court, McKee was nominated by both the Democratic and Workingmen's parties and was finally elected.[18][19][20] The justices drew lots to determine their length of term, and he and Milton H. Myrick both drew seven-year terms.[21][22][23] In October 1886, McKee sought another term on the court, but lost the Democratic nomination to Byron Waters, who in turn lost the election to Van R. Paterson.[24]

After retiring from the court, McKee briefly entered into private practice in Oakland with his son, Samuel Bell McKee, Jr.[5] McKee, Sr. contracted pneumonia on a trip to Mexico and on March 2, 1887, he died at his home in Oakland.[4][5]

University of California regent

In 1868, McKee was appointed a Regent of the University of California.[25][26][27]

Personal life

McKee married twice; his two wives were sisters. On January 28, 1847, he married Martha Alston Davis (January 12, 1825 – November 26, 1855), a daughter of North Carolina physician Edward Davis, in Panola County, Mississippi.[5][4] They had three children.[2] After the death of his first wife, in 1859 he married her sister, Sarah Ann "Sally" Davis (March 16, 1839 – January 12, 1921), and had seven more children.[2][5] His children include: daughters Annie Banks McKee Mhoon, Martha, and Alma, as well as Sallie Banks McKee,[28] plus Helen Adelaide Spence "Nellie" McKee, and Amy Marguerite McKee;[29] and sons James Cain McKee, a banker,[30][31] and attorneys Samuel Bell McKee, Jr.,[32] Robert Linington McKee, who practiced law in Portland, Oregon, and Edward Davis McKee, who was a clerk of the court of claims, also in Portland.[33]

References

  1. ↑ "Samuel Bell McKee, Death of the Ex-Chief Justice at His Home in Oakland". Daily Alta California. Vol. 42, no. 13699. California Digital Newspaper Collection. 4 March 1887. p. 1. Retrieved 21 July 2017.
  2. 1 2 3 "Death of Ex-Justice Samuel Bell McKee". Mariposa Gazette. No. 39. California Digital Newspaper Collection. 12 March 1887. p. 1. Retrieved 21 July 2017.
  3. ↑ Johnson, J. Edward (1963). History of the California Supreme Court: The Justices 1850-1900, vol 1 (PDF). San Francisco, CA: Bender Moss Co. pp. 137–139. Retrieved 14 August 2017.
  4. 1 2 3 4 5 Johnson, J. Edward (July 1960). "Samuel Bell McKee, Thirty-first Supreme Court Justice of California". Journal of the State Bar of California: 486.
  5. 1 2 3 4 5 "Death of Ex-Justice McKee". Sacramento Daily Union. Vol. 57, no. 10. Sacramento Daily Union. 4 March 1887. p. 2. Retrieved 21 July 2017.
  6. ↑ "Election Returns". Daily Alta California. Vol. 9, no. 140. California Digital Newspaper Collection. 8 September 1857. p. 2. Retrieved 21 July 2017. Alameda County Officers, Judge, S. B. McKee (Dem.), maj. 657
  7. ↑ "State Election Returns, Santa Clara County". Sacramento Daily Union. Vol. 15, no. 2321. California Digital Newspaper Collection. 4 September 1858. p. 2. Retrieved 21 July 2017.
  8. ↑ "Particulars of the Late Tragedy at San Jose". Sacramento Daily Union. Vol. 17, no. 2500. California Digital Newspaper Collection. 1 April 1859. p. 4. Retrieved 21 July 2017. On Monday, March 28th, the District Court of Santa Clara commenced; S. B. McKee, presiding.
  9. ↑ "Letter to the editor from S. B. McKee". Daily Alta California. Vol. 15, no. 4972. California Digital Newspaper Collection. 9 October 1863. p. 2. Retrieved 21 July 2017. I have received, with sincere pleasure, your letter of approbation of the position which I have taken, as a candidate for reelection to the Judgeship of this District.
  10. ↑ "Contest for Judge of the Third District". Sacramento Daily Union. Vol. 37, no. 5760. California Digital Newspaper Collection. 13 September 1869. p. 2. Retrieved 21 July 2017. The contest for the Judgeship in the Third Judicial District lies between Francis E. Spencer and S. B. McKee. The district is composed of the counties of Alameda, Santa Clara, Santa Cruz and Monterey.
  11. ↑ "Notes". Marin Journal. Vol. 3, no. 33. California Digital Newspaper Collection. 31 October 1863. p. 3. Retrieved 21 July 2017. Judge S. B. McKee is elected to the Third District by about one hundred majority. He ran as an independent Union candidate.
  12. ↑ "The State Government, Judicial Department". Sacramento Daily Union. Vol. 24, no. 3676. California Digital Newspaper Collection. 1 January 1863. p. 1. Retrieved 21 July 2017.
  13. ↑ "Oakland Items". Daily Alta California. No. 10350. California Digital Newspaper Collection. 13 August 1878. p. 1. Retrieved 21 July 2017. The August term of the Third District Court was opened by Judge Samuel Bell McKee, today
  14. ↑ "Democratic State Convention, Second Day". Sacramento Daily Union. Vol. 41, no. 7210. California Digital Newspaper Collection. 22 June 1871. p. 1. Retrieved 21 July 2017. Mr. McKee has been Judge of the Third Judicial District for about twelve years.
  15. ↑ "The Democratic Judicial Convention". Sacramento Daily Union. Vol. 45, no. 7008. California Digital Newspaper Collection. 19 September 1873. p. 2. Retrieved 21 July 2017. The business of the convention was concluded by the nomination of Judge Samuel Bell McKee of Alameda over Judge W. C. Wallace of Napa as the candidate for Supreme Judge to fill the vacancy caused by the death of Justice Sprague.
  16. ↑ "Samuel Bell McKee, Democratic Candidate for Supreme Judge". Sentinel. No. 32. California Digital Newspaper Collection. 4 October 1873. p. 1. Retrieved 21 July 2017.
  17. ↑ "Judge M'Kinstry Dies in San Jose". San Francisco Call. Vol. 90, no. 155. California Digital Newspaper Collection. 2 November 1901. p. 4. Retrieved 21 July 2017.
  18. ↑ "Democratic State Convention". Sacramento Daily Union. Vol. 8, no. 101. California Digital Newspaper Collection. 4 July 1879. p. 1. Retrieved 21 July 2017. ASSOCIATE JUSTICES. Mr. Foote nominated S. B. McKee, of Alameda. He said he had been nominated by the Workingmen. The Judge had written a letter explaining that he accepted the nomination free and untrammeled and remained a good Democrat.
  19. ↑ "Official Returns of the Election". Sacramento Daily Union. Vol. 8, no. 191. California Digital Newspaper Collection. 20 October 1879. p. 2. Retrieved 21 July 2017. Associate Justice, S. B. McKee, 75,879
  20. ↑ "The State Government, Associate Justices". Sacramento daily record-union. Library of Congress Historic Newspapers. 10 January 1880. p. 3. Retrieved 25 July 2017.
  21. ↑ "The New State Supreme Court". Sacramento Daily Record-Union. Library of Congress Historic Newspapers. 6 January 1880. p. 1. Retrieved 16 August 2017.
  22. ↑ "The Courts, Supreme Court". Sacramento daily record-union. Library of Congress Historic Newspapers. 13 January 1880. p. 2. Retrieved 25 July 2017.
  23. ↑ Shuck, Oscar Tully (1901). History of the Bench and Bar of California: Being Biographies of Many Remarkable Men, a Store of Humorous and Pathetic Recollections, Accounts of Important Legislation and Extraordinary Cases, Comprehending the Judicial History of the State (Public domain ed.). Los Angeles, CA: Commercial Printing House. pp. 352. Retrieved 16 March 2013.
  24. ↑ "The Democratic Hosts, Preparing for the Battle to be Fought in November Next". Daily Alta California. Vol. 41, no. 13515. California Digital Newspaper Collection. 30 August 1886. p. 1. Retrieved 21 July 2017. Judge Samuel B. McKee, present incumbent, is a candidate for renomination.
  25. ↑ "By Telegraph to the Union". Sacramento Daily Union. Vol. 35, no. 5368. California Digital Newspaper Collection. 10 June 1868. p. 3. Retrieved 21 July 2017. The Board of Regents of the State University effected an organization to-day, by the election of eight honorary members and the classification of the' appointed. The honorary members appointed are as follows:...S. B. McKee.
  26. ↑ "University of California". Russian River Flag. No. 2. California Digital Newspaper Collection. 25 November 1869. p. 2. Retrieved 21 July 2017.
  27. ↑ "The University of California". Daily Alta California. California Digital Newspaper Collection. 17 June 1871. p. 1. Retrieved 21 July 2017.
  28. ↑ "Died, S. B. McKee". Los Angeles Herald. Vol. 33, no. 61. California Digital Newspaper Collection. 1 December 1910. p. 12. Retrieved 21 July 2017.
  29. ↑ "Amy McKee to Become Bride of Consul". San Francisco Call. Vol. 103, no. 129. California Digital Newspaper Collection. 7 April 1908. p. 1. Retrieved 21 July 2017.
  30. ↑ "James McKee Dies in Mexico". San Francisco Call. No. 87 (*144). California Digital Newspaper Collection. 22 October 1902. p. 9. Retrieved 21 July 2017. Deceased was the son of the late Sam Bell McKee, at one time a justice of the State Supreme Court. His mother, Mrs. Sarah McKee, is still living. Five brothers and sisters also survive him, namely, Sam Bell McKee of Oakland, Edward McKee of Portland, Mrs. O. Pierce of Oakland, Mrs. Norman Long of Portland and Miss Amy McKee of Oakland.
  31. ↑ "Body of James McKee Arrives from Mexico". San Francisco Call. Vol. 92, no. 159. California Digital Newspaper Collection. 6 November 1902. p. 2. Retrieved 21 July 2017. The body of James McKee, the son of the late Sam Bell McKee, who was drowned at Mazatlan, Mexico.
  32. ↑ "Mayor Appoints a Trustee of Library, S. B. McKee Named to Succeed Late J. A. Morrow". San Francisco Call. Vol. 109, no. 154. California Digital Newspaper Collection. 3 May 1911. p. 10. Retrieved 21 July 2017. The appointee is a prominent lawyer. He is the son of the late Judge Sam Bell McKee.
  33. ↑ "Son of Jurist Dies". Los Angeles Herald. No. 45. California Digital Newspaper Collection. 24 December 1917. p. 9. Retrieved 21 July 2017.

See also

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