Arkansas Supreme Court Historical Society
Burrill Bunn Battle
by J.W. Looney
Burrill Bunn Battle was born in Hinds County, Mississippi, July 24, 1838, the second son of Judge Joseph J. Battle and Nancy Stricklin Battle both from North Carolina. In 1844 young Burrill moved with his family to Arkansas and settled in what is now Lafayette County. At age 14 he enrolled in the newly opened Arkansas College in Fayetteville which accepted college level students, preparatory students and primary students. Battle studied there until 1856 when he enrolled in the Law Department of Cumberland University in Lebanon, Tennessee, where he graduated in 1858. He was admitted to both the Tennessee and Arkansas bars in 1859. Battle opened his first law office in Lewisville and practiced there until the Civil War broke out. He enlisted as a private in the Confederate service and fought in most of the major battles in Tennessee. After the war he moved his law office to Washington in Hempstead County where he served in the legislature in 1871. In 1880 he moved to Little Rock and formed a partnership with former Supreme Court Justice Freeman W. Compton. Battle first came to the statewide political scene in 1884 when a vacancy on the Supreme Court was created by the death of Elbert H. English. The Arkansas Gazette reprinted statements from various state papers suggesting names for the judicial position. Battle was suggested by the Arkadelphia Standard which called him “comparatively young, vigorous, rich and brilliant in legal attainments, scrupulously honest in all relations of life,” “learned and able” and “a model man of splendid genius.” A letter of announcement appeared in the Gazette on the same date directed to the Democratic voters of Arkansas. Battle stated his position that a judicial office should not be sought as political offices usually are but that he would be glad to receive the nomination. Efforts of his friends, he said, would receive “hearty approval and encouragement.” 32
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At the judicial nominating convention held on October 21-22, 1884, his was one of seven names placed in nomination. A delegate from Hempstead County spoke of his qualifications and merits. The seconding speech from a Miller County delegate said “Wherever Burrill B. Battle is best known he is best loved.” The convention was a classic political contest with no candidate receiving a majority until the 59th ballot. The convention required 105 votes to nominate (208 total) and on the first ballot Battle received 22 votes. The three leading vote-getters were Samuel W. Williams, John M. Pittman, and Sterling G. Cockrill. The convention adjourned after 15 ballots with Battle’s vote total no higher than 24. On the second day Battle gained some support and his total gradually increased. Battle captured third place on the 50th ballot and Pittman then withdrew. On the 57th ballot Battle tied Williams and then moved within two votes of Cockrill on the 58th ballot. On the last ballot most of Williams’ support, along with some of Battle’s, moved to Cockrill who was finally nominated with 112 votes. A year later another vacancy on the court occurred, and Battle immediately announced his candidacy. He, again, indicated he felt it would be improper to actively campaign and referred to his narrow defeat the year before by Justice Cockrill as “extraordinary (though perfectly fair and honorable).” In spite of his pledge not to campaign, apparently the Democrat had referred to his campaigning and in a letter to the Gazette, G. W. Williams, a friend of Battle, explained that Battle had been out of town holding court in Little River County, “where he was raised from boyhood and where you would have to get a search warrant to find a man who would oppose him.” At the judicial nominating convention Battle’s only significant opposition was John M. Pittman. Battle easily won on the first ballot. In commenting on Battle’s selection as the
Justice Burrill Bunn Battle Courtesy of Arkansas Secretary of State
nominee, the Gazette referred to him as “able, just and fearless” and one of “recognized merit.” He was elected without opposition. Battle was re-elected in 1886, 1894 and 1902 with no significant opposition although the Republican Party nominated a candidate in each election. Battle was one target in 1900 of Attorney General Jeff Davis’ wrath over the anti-trust cases which had been before the Supreme Court the prior year. Davis referred to members of the court as “the five jackasses” and claimed that Battle was head of “the most gigantic trust in Arkansas,” referring to Battle’s interest in a Little Rock ice business. Davis claimed that when the state filed suit against the trusts that he had papers served on Justice Battle himself. But in 1902 when Jeff Davis was running for re-election as Governor, Battle ran ahead of Davis by about 8,000 votes indicating his strength among voters. Justice Battle married Josephine Witherspoon Cannon who died in 1899. Battle served on the bench for 25 years and retired at the end of his term in 1910. He had, at that time, the longest tenure of any justice. He died in Little Rock December 21, 1917. This article is provided by the Arkansas Supreme Court Historical Society, Inc. For more information on the Society contact Rod Miller, Arkansas Supreme Court Historical Society, Justice Building, Email: rod.miller@ arkansas.gov; Phone: 501-682-6879.