The three special justices first decided to hear the Johnson
v. Darr case and then listened to oral argument. On May 23,
1925, the all-woman court affirmed the decision of the El
Paso Court of Civil Appeals.10 Ward wrote the opinion,
while her colleagues Brazzil and Henenberg wrote concurring
opinions.11 In June 1925, the court overruled a motion for
rehearing.
There are many resources that detail this fascinating part
of Texas history.12 The Texas Supreme Court Historical
Society’s e-journal, for example, has published articles about
the all-woman court, including one written and illustrated
by Ward’s great-granddaughter, Linda Hunsaker.13
For additional information, go to the State Bar of Texas
Annual Meeting page at texasbar.com/annualmeeting or
email annualmeeting@texasbar.com. TBJ
8.
See Barbara Karkabi, Judge O’Connor’s nomination reminds us: Once Texas had an all-woman
Supreme Court!, HOUSTON CHRONICLE, July 13, 1981, Sec. 4, at 6.
9. Debbie Mauldin Cottrell, All-Woman Supreme Court, HANDBOOK OF TEXAS ONLINE (June
9, 2010), http://www.tshaonline.org/handbook/online/articles/jpa01.
10.
Johnson v. Darr, 114 Tex. at 527, 272 S.W.
at 1102 (1925); Haley, TEXAS SUPREME COURT
167-68.
11. Johnson, 114 Tex. at 527-28, 272 S.W.
at 1102-03 (Judge Brazzil’s Concurrence); 114 Tex.
at 528, 272 S.W. at 1103 (Judge Henenberg’s Concurrence).
12. See, e.g., Justice Eva Guzman and Kent Rutter, Women and the Texas Supreme Court, Texas
BarCLE The History of Texas Supreme Court Jurisprudence (April 11, 2013); David A.
Furlow, Taking the Law into their Own Hands: Hortense Sparks Ward, Alice S.
Tiernan, and
the Struggle for Women’s Rights in the 1910 Harris County Courthouse, HOUSTON BAR
ASS’N APPELLATE LAWYER (Sept. 2013), http://www.hbaappellatelawyer.org/2013/09/takinglaw-into-their-own-hands.html.
13. See Linda C.
Hunsaker, Family Remembrances and the Legacy of Chief Justice Hortense
Sparks Ward, 4 JOURNAL OF THE TEXAS SUPREME COURT HISTORICAL SOCIETY 51-64
(Summer 2015), http://texascourthistory.org/Content/Newsletters//TSCHS%20Journal
%20Summer%202015.pdf.
DAVID FURLOW
NOTES
1. See James L. Haley, THE TEXAS SUPREME COURT: A NARRATIVE HISTORY, 1836-1986 168
(Univ.
of Tex. Press 2013).
2. Id.
3.
Brief for Plaintiffs in Error J.M. Darr, et al., Trustees, filed August 8, 1923, in the 8th
Court of Appeals in El Paso, p. 1 (Statement of the Nature and Result of the Case).
4.
Cover, case file from the Clerk’s Office, 8th Court of Civil Appeals, El Paso, available at
the Lorenzo de Zavala State Archives and Library Building in Austin.
5. See Haley, TEXAS SUPREME COURT 146; Betty T. Chapman, HOUSTON WOMEN: INVISIBLE
THREADS IN THE TAPESTRY 93-94 (Donning Co.
Pubs. 2000).
6. See Texas Supreme Court Justice Jack Pope, CHIEF JUSTICE HORTENSE SPARKS WARD,
Chair Presentation Ceremony at the Friends of the State Law Library 1 (Nov.
16, 2000).
7. See Michael Ariens, THE LEGAL STATUS OF WOMEN IN TEXAS, 1900-25, paper presented
at Tex. St.
Hist. Ass’n Ann. Mtg.
(Austin 2004); Haley, TEXAS SUPREME COURT 146, 278.
is a historian and lawyer. He is the executive editor of the Journal of
the Texas Supreme Court Historical Society.
LYNNE LIBERATO,
an appellate lawyer in the Houston office of Haynes and Boone, is a
former president of the Texas Supreme Court Historical Society and
the State Bar of Texas.
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