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The Strange Tale of Texas’ All-Female Supreme Court

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The lawyer approached the bench to be certified. A member of the state bar? Check. A practicing attorney for more than seven years? Check. Never participated in a duel? Check. Hortense Sparks Ward climbed the podium, sat in the center chair, and took her place as chief justice of the Supreme Court of Texas.

The year was 1925, and it would be 66 years before another group of women managed to eke out a majority in any state court. So how did three women take over the highest court in Texas a mere four and a half years after women won the right to vote? The story of Texas’ “Petticoat Court” is one of old boys’ clubs political vendettas, and a group of women bold enough to serve a court that actively undermined their interests at every turn.

In 1924, Texas’ outgoing governor, Pat Neff, was a sitting duck. He had been elected twice, and though the state didn’t expressly forbid a governor from sitting for three terms, it had never been done before. But Neff was less than thrilled about his elected successor—Miriam “Ma” Ferguson, the wife of a former governor who had been barred from future office after being impeached for a retaliatory veto. Ma Ferguson wasn’t just a shrewd wheeler and dealer—she was the first woman winner of a gubernatorial election in the United States. And that didn’t sit well with Neff.

In March 1924, Neff had been informed of a conflict of interest at the state supreme court. It involved a land dispute case that had originally been heard in El Paso. The case involved the Woodmen of the World (WOW), a fraternal organization that did double duty as the insurance carrier and old boys’ network of nearly every male lawyer in the state of Texas. When attorney after attorney recused himself from the case, the state turned to Neff and told him he must appoint a special court instead. Neff hemmed and hawed—but ten months later, he landed on a solution. The WOW only admitted men, so why not assemble a special state supreme court with only women? 

The scheme wouldn’t just solve the conflict of interest—it would give Neff the opportunity to one-up Ma Ferguson before she had even taken office. It was hard to find qualified women to fill the three seats of the special court, but after a few misses, Hortense Sparks Ward, Hattie Lee Henenberg, and Ruth Virginia Brazzil were certified as the state supreme court in the case of Johnson v. Darr

Hortense Ward was used to controversy—she had fought hard to be admitted to the state bar and was the state’s first female lawyer. But she was also experienced, and even practiced before the United States Supreme Court in 1915, though she tended to minimize her court appearances for fear of the reaction of all-male juries. When she took her seat as temporary chief justice, she was already well known for her support of women’s rights, including lobbying for and winning a law that protected the property rights of married women.

To understand how revolutionary the appointment of three women to a state supreme court was at the time, it helps to realize that women weren’t even allowed to serve on juries (and wouldn’t for another 30 years). And though the Texas Bar grumbled in private, they knew there was no other alternative to the court’s conflict of interest problem.

Four months after their appointment, the “Petticoat Court” ruled in favor of WOW and the special court was dissolved. It would be 57 years before another woman, Ruby Kless Sondock, served on the Supreme Court of Texas—and today, only two of nine justices are women. 

Additional Sources: The Southern Judicial Tradition: State Judges and Sectional Distinctiveness, 1790-1890 Texas Obscurities: Stories of the Peculiar, Exceptional and NefariousThe Texas Supreme Court: A Narrative History, 1836–1986; Texas State Historical SocietyTexas Bar Association

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12 Solid Facts About New Hampshire's Old Man of the Mountain
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On May 3, 2003, the craggy rock face known as New Hampshire's Old Man of the Mountain tumbled to the ground in spectacular fashion. For a landmark that had been in the state's DNA for generations, its collapse was like a death in the family to some. The day after it fell, people left flowers at the base of Cannon Mountain in Franconia Notch State Park as a sort of funeral tribute, and plans were immediately launched to create a longer-lasting memorial. So what was so great about the Old Man of the Mountain, pre- and post-crumble? Read on for the stone-cold facts.

1. THANKS TO NATHANIEL HAWTHORNE, THE OLD MAN WAS ALSO KNOWN AS “THE GREAT STONE FACE.”

Although not explicitly named, it’s widely believed Hawthorne based his 1850 short story "The Great Stone Face"—which was set in an anonymous state that happens to look like New Hampshire—on the Old Man. At that time, the mountainous figure was already a tourist draw to the Granite State. Hawthorne described it as an “enormous giant, or a Titan,” with a “broad arch of the forehead,” a long-bridged nose, and having “vast lips.” Eventually Hawthorne’s nickname stuck, along with other loving titles like “Old Man” and “the Profile.”

2. THE "FACE" WAS ACTUALLY A SERIES OF LEDGES.

These granite cliff ledges, 40 feet tall and 25 feet wide, when viewed from the north at certain angles looked like a jagged face. Hawthorne corroborated this, writing in “The Great Stone Face”: “If the spectator approached too near, he lost the outline of the gigantic visage, and could discern only a heap of ponderous and gigantic rocks ... Retracing his steps, however, the wondrous features would again be seen; and the farther he withdrew from them, the more like a human face, with all its original divinity intact, did they appear."

3. HE COULD HAVE BEEN 12,000 YEARS OLD.

An 1856 postcard of The Old Man of the Mountain
Public Domain, Wikimedia Commons

The Old Man was first discovered and recorded in 1805 by road surveyors Francis Whitcomb and Luke Brooks, which put the landmark at nearly 200 years old by the time it fell. But it likely first formed when water inside cracks in the granite bedrock froze and thawed following the retreat of glaciers about 12,000 years ago. (This freezing and thawing process was what hastened its eventual collapse.) According to geologist Brian Fowler in a research report by the Old Man of the Mountain Legacy Fund, the lower ledge—or chin—of the Old Man is assumed to have fallen first. Once that support was gone, the rest of the rock fell in formation.

4. CANNON MOUNTAIN WAS SO NAMED BECAUSE IT LOOKS LIKE ANTIQUE ARTILLERY.

The Old Man jutted from a cliff in Cannon Mountain in New Hampshire’s White Mountains, within Franconia Notch State Park. Originally named Profile Mountain, it took on a new name since its granite dome resembles a cannon from select vantage points. There are even three sub-peaks, nicknamed “The Cannon Balls.”

5. SOME OF THE STRONGEST SURFACE WINDS EVER IN THE U.S. WERE RECORDED ON TOP OF CANNON MOUNTAIN.

The gusts measured 199.5 mph on April 2, 1973. While impressive, they were likely even higher since 199.5 mph was the limit of what the researchers' instruments could record at the time. The highest surface wind gust in the U.S. still belongs in-state, though, with New Hampshire's Mount Washington recording 231 mph winds in 1934.

6. A SERIES OF TURNBUCKLES AND IRON TIES WERE PLACED WITHIN ITS FACE TO KEEP IT TOGETHER.

By 1916, as it became clear the Old Man might not live forever, the first efforts to protect the rock formation were made. By the 1920s, a crack in the Old Man’s "forehead" was clearly noticeable, and residents who were worried about its safety used chains, turnbuckles, and iron ties to keep the crack from separating. Many of those metal rods used to hold the Old Man together were still attached to the mountain years later.

7. THE STATE EVENTUALLY SPENT A SMALL FORTUNE TRYING TO SAVE IT.


Julius Hall, Public Domain, Wikimedia Commons

In 1957, the New Hampshire state legislature passed a $25,000 appropriation for the necessary repairs to slow the Old Man's deterioration. These steps included quick-drying cement and steel rods meant to fill in and fortify cracks. The rocky Band-Aids were maintained every summer.

8. THE CARETAKERS’ MAINTENANCE ROUTINES WERE METICULOUS.

One longtime caretaker, Niels Nielsen, took great pains to keep the Old Man clean since 1965. Nielsen would spray bleach on the rock face and in its cracks, then carefully remove moss and lichen in an effort to prevent cracks from spreading further. He would even clean out the Old Man’s ear with a garden hoe. When Nielsen retired, he passed the job on to his son, David. The face continued to be groomed until its collapse.

9. NIELS NIELSEN SAW THE OLD MAN AS A GIFT FROM GOD.

According to Yankee Magazine, Nielsen was rather enchanted by the rock formation. “I had sailed around the world as a merchant seaman, yet I had never seen anything like the Old Man," he said. "I don’t believe anyone can be up there and not feel the presence of God."

10. BUT EVEN NIELSEN KNEW IT MIGHT FALL SOME DAY.

Nielsen was asked by Yankee what would happen if the Old Man ever fell. “The Lord put him here, and the Lord will take him down," Nielsen replied. Research concluded its collapse was natural—that the freezing-thawing process and subsequent erosion over time caused its downfall.

11. YOU CAN STILL "SEE" THE OLD MAN.


Rob Gallagher, Public Domain, Wikimedia Commons

The image of the Old Man has lived on as a state emblem since 1945, appearing on highway signs, on the back of drivers licenses, and on the reverse of the state quarter. But residents weren’t done with honoring the now-deceased rock face. At Old Man of the Mountain Profile Plaza and Historic Site in Franconia, special viewfinders and steel “profilers” at vantage points near Profile Lake offer a glimpse of what the formation used to look like.

12. THERE’S EVEN AN OLD MAN OF THE MOUNTAIN FLOWER.

Old-Man-of-the-Mountain, or tetraneuris grandiflora, is found in the Intermountain Regions and Rocky Mountains in states like Wyoming, Montana, Utah, Colorado, and Idaho. It’s sometimes called an alpine sunflower and got its common name from the wooly hairs that cover its leaves.

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Stones, Bones, and Wrecks
Take a Closer Look at the $17 Billion 'Holy Grail of Shipwrecks'

Feast your eyes on these new images of the treasure among the wreckage of the Spanish ship San José, often called the "holy grail of shipwrecks." When it sank on June 8, 1708, it was carrying gold, silver, jewels, and other precious cargo worth roughly $17 billion today. Now, Woods Hole Oceanographic Institution (WHOI) is revealing the major role it played in the 2015 expedition to find the San José.

The three-masted, 62-gun Spanish galleon exploded and sank at the hands of the British during the War of the Spanish Succession. It was carrying its riches to the Colombian city of Cartegena to finance the war. Archaeologists had been trying to find the San José for decades before it was finally located on November 27, 2015, during an expedition organized by Colombia, Maritime Archaeology Consultants (MAC), and WHOI. The multibillion-dollar treasure, which still sits nearly 2000 feet below the surface of the ocean near Cartegena, is just now being revealed.

WHOI's autonomous underwater vehicle REMUS 6000 was responsible for finding the elusive wreck. REMUS has been with the project since the beginning: The machine created the first side-scan sonar images of the site. After that, REMUS journeyed to a point 30 feet above the site and captured high-resolution photos of the ship's distinctive bronze cannons, which are engraved with dolphins. REMUS's documentation of this defining feature allowed scientists to positively identify the wreck as the fabled San José. (Thanks to whoever had the idea to put dolphins on the cannon in the first place.)

WHOI also released REMUS's photos of the wreckage, which show details of the horde, including ceramics and those famous cannons. "This constitutes one of the greatest—if not the biggest, as some say—discoveries of submerged patrimony in the history of mankind,” Colombian president Juan Manuel Santos said back when the treasure was discovered.

The San José's treasure is the subject of a legal battle for ownership between Colombia and U.S. salvage company Sea Search Armada, which helped look for the wreck. In 2011, four years before the San José was even found, the court ruled that the booty belongs to Colombia, but the dispute is ongoing. Because of the legal drama, the exact location of the wreck remains a government secret.

Below, check out the newly released pictures for a closer look at cannons, teacups, and other ceramics.

cannons from the San Jose
Woods Hole Oceanographic Institution

pots from the San Jose
Woods Hole Oceanographic Institution

teacups from the San Jose
Woods Hole Oceanographic Institution

REMUS 6000
REMUS 6000
Mike Purcell, Woods Hole Oceanographic Institution


A mosaic of images taken by the REMUS 6000 depicts the whole site.
A mosaic of images taken by the REMUS 6000 depicts the whole site.
Jeff Kaeli, Woods Hole Oceanographic Institution

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