Ailshie, James F. (James Franklin), 1868-1947

Idaho Supreme Court Justice, 1902-1914; 1934-1947; University of Idaho regent, 1893-1896.

From the description of James Franklin Ailshie papers, 1902-1931. (University of Idaho Library). WorldCat record id: 42928937

James Franklin Ailshie was born June 19, 1868 in Green County, Tennessee, the eldest of the nine children of George W. and Martha Knight Ailshie. While helping on the family farm he also attended the public schools of Green County. He studied at Mosheim (Tennessee) College and Carson College, Jefferson City, Tennessee, but left college in his junior year and, at the age of 19, moved to Missouri where he taught school at Hutton Valley.

In March of 1888 he arrived in the northwest and from 1888-89 he was principal of a school at Rockford, Washington. In February of 1889 he entered Willamette University, Salem, Oregon, where, having completed both literary and legal courses, he graduated in 1891 with the LL.B and Ph.B. degrees.

Ailshie was admitted to the Oregon and Idaho bars in 1891 and began his legal practice in August of that year in Grangeville, Idaho. In 1902, at the age of 34, he was elected to the Idaho supreme court, and was re-elected in 1908. He became the youngest chief justice in the United States when, in 1907, he served the first of his terms as head of the court. On January 6, 1913, he was again elected chief justice and held that position until he resigned from the court on July 20, 1914. After his resignation he entered private legal practice in Coeur d'Alene, Idaho, where he remained until he returned to the court. He was elected to the supreme court again in 1934 and successfully stood for re-election in 1940 and 1946; during this time he served as chief Justice from 1939-41 and from 1945-46. During his 24 years on the bench about two-thirds of the state constitution was tested before the court. He authored more than 700 opinions, including The State vs. Moyer, Haywood and Pettibone (April 14, 1906). When the defendants were returned to Idaho from Colorado to stand trial for complicity in the Steunenberg assassination they applied to the supreme court for a writ of habeas corpus based upon various grounds, one of which was that they had been kidnapped from Colorado by Idaho officials. Judge Ailshie opinion on this case was later confirmed by the U.S. Supreme Court, as were all but one of his opinions.

In 1893 he was appointed by Governor W.J. McConnell to the Board of Regents of the University of Idaho; he remained in this position until 1896. During his tenure on the board the first class of the University was graduated. He also served as non-resident lecturer on mining law and irrigation law at the University of Idaho Law School from 1910-1916.

An active member of the Republican party, Judge Ailshie was nominated before the Idaho senate in 1913 to fill the U.S. Senate seat of the late Weldon B. Heyburn, but was defeated by James H. Brady by only four votes. He campaigned for the republicans in 1916, and in 1918 he considered running for the seat left vacant by Senator Brady's death, but F.R. Gooding was the republican nominee for this seat. Gooding, however, was defeated in the November election.

Professionally he was a member of the American Bar Association and the Idaho State Bar Association, serving as president of this body from 1921-22 and again in 1934. Among his many civic activities, he served as president of the Grangeville Light & Power Company and was a director of the lst National Bank of Grangeville. He was a member of the Independent Order of Odd Fellows and the Benevolent Protective Order of Elks. During World War I he served on the Idaho State Council of Defence, and also served on the National Economic League, the League to Enforce Peace, and from 1924-1935 was a commissioner to the National Conference on Uniform State Laws.

On June 19, 1894 James Ailshie married Lucie Bundren of Jefferson City, Tennessee; they had three sons and a daughter. One of his sons, James F., Jr. died in 1938, the others survived their father, as did Lucie Ailshie.

Active until shortly before his death, the 78 year old justice died at his Boise home on May 27, 1947 of complications incident to old age.

From the guide to the Papers, 1902-1931, (University of Idaho Library Special Collections and Archives)