LURTON, HORACE H(ARMON)

born Feb. 26, 1844, Newport, Ky., U.S. died July 12, 1914, Atlantic City, N.J. associate justice of the United States Supreme Court (191014). Lurton enlisted in the Confederate army at the outbreak of the war and was twice taken prisoner, but he was paroled by President Abraham Lincoln the second time upon his mother's appeal, pleading illness. After the war he finished his studies and established a successful legal practice in Clarksville, Tenn., until elected to the state Supreme Court in 1886. During 18981910 he also taught law at Vanderbilt University. In 1893 President Grover Cleveland named Lurton to the sixth federal Circuit Court of Appeals, in which Lurton made a strong impression on William Howard Taft, then presiding judge. Lurton succeeded Taft in this position in 1900; and, after Taft became president, he took the first opportunity to elevate Lurton to the U.S. Supreme Court (1910). The appointment by a Republican of a Southern Democrat caused considerable surprise, as did the fact that Lurton was 66 years old at the time, the oldest justice ever to be appointed. Lurton was a constitutional conservative and opposed the concept that social changes be brought about through judicial interpretation.