Guide to the W. St. John Garwood Papers, 1917-1982

Historical Background

Wilmer St. John Garwood was born in Bastrop, Texas on December 15, 1896. He graduated from Georgetown University in 1917. Following his discharge from military Service in World War I, Garwood attended the University of Texas Law School for one year, but transferred to Harvard Law School where he obtained his law degree (L.L.B.) in 1922. He practiced law for several years in New York in the legal department of Texaco before returning to Houston to practice with his father’s firm, Baker, Botts, Parker & Garwood. In 1929 he accepted the position of resident American attorney in Buenos Aires, Argentina with Standard Oil. He held this post for five years before returning to Houston to be with his family. In 1927 he married Ellen Burdine Clayton, daughter of Will Clayton, Undersecretary of State in the Truman Administration. In early 1942, Garwood became a lieutenant in the U.S. Naval Reserves and deployed to Tocopilla, Chile as a U.S. Naval Liaison Officer. Later he transferred to Santiago as Senior Assistant Naval Attaché.

After the war, Garwood conducted a solo practice in Houston until January of 1948 when Governor Beauford Jester appointed him to the Texas Supreme Court. That same year, Garwood sought election for the position. He narrowly won against his largely unknown challenger, Jefferson Smith. The race led Garwood to view the democratic election of the judiciary negatively. Thereafter, he advocated adoption of the Missouri Plan (also known as the Merit Plan) for Judicial Selection and Tenure. Additionally, Judge Garwood was an expert on Colonial Spanish Civil Law as it pertains to Texas Constitutional Law. He is best recognized for his opinion on Luttes v. State in which, by citing Spanish and Mexican tide rules, he was able to argue for state ownership of a stretch of shore claimed by Shell Oil Company.

Garwood retired from the Court in 1958 at the age of 62, but did not leave the legal profession or judicial affairs behind him. He remained active in a number of civic and governmental organizations, chairing the State Courts Housing Committee and serving on the Texas Civil Judicial Council for which he served as President from 1964 through 1971. Governor John Connally appointed Garwood as member of the University Of Texas Board Of Regents in 1963. Garwood also served as President of the University of Texas Law School Foundation from 1967-1969. Throughout his career, Judge W. St. John Garwood was an advocate for peace, the United Nations and the World Court, the efficient administration of justice, and the Merit Plan for judicial selection and tenure. He died January 15, 1987.

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Contents of the Collection

Creative works, correspondence and printed material, created and maintained by Wilmer St. John Garwood, document his interest in and promotion of the Merit Plan for Judicial Selection and Tenure. Additionally, the materials document Garwood's activities as a public speaker and author, largely outside his capacity as an Associate Justice of the Texas Supreme Court. The papers are comprised of five series: Judicial Selection and Tenure, Speeches, Publications by Garwood, Personal Correspondence, Collected Materials- General.

The Judicial Selection and Tenure series (1942-1982), contains correspondence and creative works documenting Garwood’s public voice and campaign for judicial selection reform in Texas, as well as collected materials concerning judicial selection and tenure. Correspondence details the discourse among legal professionals in Texas and the nation about the issue. Creative Works comprises of Judge Garwood’s speeches and publications concerning judicial selection reform. Each speech is grouped with the correspondence and printed materials associated with the occasion. Of interest among the collected materials are pamphlets and other informational material pertaining to judicial reform legislation in Iowa, Nebraska and Oklahoma. These materials illuminate Garwood’s relationship with organizations such as the American Judicature Society and the American Bar Association, which is also documented by correspondence.

Speeches (1919-1982) comprises of eight subseries based on the audience addressed by Garwood. When applicable, each speech is accompanied by the correspondence and printed materials associated with the occasion. Speech topics range from U.S. foreign policy and Spanish heritage in the law of Texas to Garwood’s activities in the campaign for a new Supreme Court building. Publications by Garwood (1934-1974) contains articles, drafts and editorials. Several of Garwood’s articles originated as speeches which he subsequently prepared for publication. Personal Correspondence (1948-1982) documents professional coordination with colleagues and friends.

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Restrictions

Access Restrictions

None.

Use Restrictions

The collection and any reproductions of the collection are made available for the purposes of private study, scholarship, and research only.

Tarlton Law Library does not hold the copyright to the materials, unless it has been transferred to the library by the creator. It is the researcher's responsibility to determine the copyright status and to obtain permission from the copyright holder before publishing any materials from the collection.

Some collections may contain sensitive or confidential information protected under federal and state privacy laws. The researchers are encouraged to report any such information to staff.

The University of Texas at Austin is not responsible for violations of intellectual property rights and any other laws or for liability to any person for defamation or invasion of privacy that result from unauthorized use of the collection by the researcher.

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Related Materials

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Administrative Information

Preferred Citation

W. St. John Garwood Papers, Tarlton Law Library, The University of Texas at Austin.

Acquisition Information

Donated ca. 1984.

Processing Information

Processed by Erik Beck, Beth Nettels and Sandra Yates, Fall 2008. Arrangement and finding aid edited by Jennifer Cummings, 2009.

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Detailed Description of the Collection

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