Draft:Benjamin S. Baker

Benjamin Stanton Baker (February 8, 1850 – August 15, 1945) was a justice of the New Mexico Territorial Supreme Court from 1902 to 1904.

Born in Sabula, Jackson County, Iowa, to Samuel and Elizabeth (Lewis) Baker, Baker was raised on a farm in Johnson County, Iowa, from the age of five years and attended the district schools.

"He received his education in the public schools of Iowa, and received the Bachelor of Didactics and the Bachelor of Laws degrees from Iowa State College.

Admitted to the practice of law in 1874, Baker has been active in practice in Omaha for more than forty years. He has served as a member of the Nebraska Legislature and judge of the District Court, and for some time was judge of the Supreme Court of New Mexico."

On April 7, 1897, Baker married Myrtle I. Carroll in Omaha.

"Benjamin S. Baker for three years served as justice of the supreme court of New Mexico and has been judge of the fourth judicial district of Nebraska.

At the age of fourteen years he left home and began teaching a country school. In 1865 he became a student in the preparatory department of the University of Iowa, and in 1871 was graduated from the university with the degree of Bachelor of Arts. Resuming the profession of teaching, in which he had so early made his initial step, he served as principal of the schools of Mason City and later of Webster City, but resigned his position at the latter place in order to become a law student in the State University, from which he was graduated in 1874 with the LL.B. degree. He then located for practice in Webster City, where he remained for three years, after which he removed to Fairbury, Nebraska, in 1878 and entered upon the practice of law in this state. There he remained for twelve years, or until February, 1890, since which time he has been a member of the Omaha bar. He had just been appointed United States district attorney for Nebraska, which position he occupied for four years.

He was first called to public office when in Iowa, being elected county superintendent of schools of Hamilton county, in which capacity he served for one term. In 1888 he was elected to represent his district, comprising Jefferson and Fair counties, in the Nebraska state legislature, and at the close of that term he received appointment to the position of United States attorney in 1890. While a member of the house he was largely instrumental in promoting the Nebraska registration law and was also the author of a law allowing foreign corporations to become domestic by filing articles with the secretary of state. These laws have created nation-wide comment. Then came his appointment from President Harrison to the position of United States district attorney and after four years of creditable service in that office he was elected in 1895 district judge of the fourth Nebraska judicial district. He took his place upon the bench and his decisions indicated strong mentality, careful analysis, a thorough knowledge of the law and an unbiased judgment. He possesses those qualities that enabled him to lose his individuality, his personal feelings and his prejudices in the dignity, impartiality and equity of the office to which life, property, right and liberty must look for protection. At the close of the four years' term he was reelected and remained upon the bench until 1902, when he resigned and was appointed judge of the supreme court of New Mexico, remaining in office in that territory for three years, when he resigned and resumed the practice of law in Omaha. While upon the district bench he heard the noteworthy state embezzlement case against Bartley and Bohln, the latter city treasurer of Omaha. Baker was again called to office in 1912, when he was appointed corporation counsel, but on the ist of January, 1913, he resigned to resume the private practice of law. His clientage is large and of a distinctively representative character. He was nominated by the republicans for congressman from the Second Congressional District in April, 1916, but was defeated by the liquor interests. The World-Herald, writing of him, said :

"To Omaha students of every-day affairs of city and state the name of Benjamin S. Baker is synonymous with action and results. Every metropolis has many men and institutions that have a prior claim on public patronage and esteem. The individual or the institution that, while profiting from patronage, gives back to the public benefits in the form of cooperative activity, substantial legal assistance, development and investment, occupies a position of prominence and sets a splendid example deserving of emulation. That's the reason B. S. Baker holds a position of honor at the top of his profession and among his fellowmen. As corporation counsel for Omaha, Mr. Baker has steered the civic ship out of many threatening storms. His record shows a list of victories and achievements for the good of the city, government and all of the people of Omaha."

On the 7th of April, 1897, in Omaha, Baker was married to Miss Myrtle Carroll, a daughter of William Carroll, a Civil war veteran of Iowa. Baker is identified with both the York and Scottish Rite bodies of Masonry and with the Mystic Shrine. He also belongs to the Benevolent Protective Order of Elks and along strictly social lines his connection is with the Field Club and the Happy Hollow Club. He is equally loyal in his support and advocacy of the Commercial Club and its purposes. He has always given his political allegiance to the republican party and he has ever been a close student of those questions and issues of the day which are to the statesman and man of affairs of deep import. He brings to bear in the solution of public problems the same analytical power and keen discrimination which characterize his work at the bar. He possesses a keen, rapid, logical mind, plus the business sense, and a ready capacity for hard work. An earnest, dignified manner, marked strength of character, a thorough grasp of the law and the ability to correctly apply its principles have been factors in his effectiveness as an advocate and counselor."

"Judge Was Honest But Considered Negligent", The San Francisco Examiner (December 11, 1904), p. 77.

Baker celebrated his 88th birthday on February 8, 1938, declaring at the time that he expected to live to be a hundred, and that the secret to such longevity was to "keep breathing".

Baker died at his home in Omaha at the age of 95. His last words were "I'm so glad for the mothers and the wives whose boys and husbands will be coming back to them", in reference to news that day of the end of World War II.