Summers Burkhart
Encyclopedia
Summers Burkhart was an American
lawyer and the United States Attorney
for New Mexico
from 1913 to 1921.
Burkhart was born in Martinsburg
, Virginia
(now West Virginia
) to middle class parents, William Davidson Burkhart and Nannie Forest Burkhart. He was sent away for advanced schooling to the College of St. James
in Washington County, Maryland
, where he graduated in 1879. In 1880 he moved to Santa Fe, New Mexico
and began the study of law. He was admitted to the NM bar
in 1888, and was the First District Court clerk in 1889. Later that year Burkhart became the Clerk of Court for the NM Supreme Court
where he stayed two years, and left to practice law in Albuquerque, where he had been living since his marriage in May 1889. In 1893 and 1894, Burkhart was the City Attorney for Albuquerque. He left that post to become an assistant U.S. Attorney for the Court of Private Land Claims
where he stayed until 1896, and then returned to the private practice of law.
Burkhart served as an Albuquerque alderman from 1898 through 1900. He was chairman of the Central Committee of the Bernalillo County
Democratic Party from 1896 to 1908, and resigned to become the Secretary of the Central Committee of the Democratic Party of New Mexico
which post he held until 1911 when he resigned to run for the NM Supreme Court. Burkhart was the NM delegate to the 1908 Democratic National Convention
. Defeated for the NM Supreme Court, Governor McDonald
appointed Burkhart as Legal Adviser to the Governor. It was in this position that Burkhart issued the legal opinion that Albert Fall's
election in February 1913 by the NM Legislature
was illegal, forcing a special session and a new vote.
Burkhart was active in securing passage in the U.S. Congress
of the "Flood Amendment" to the N.M. Constitution
.
Following the election of Woodrow Wilson
, Burkhart was appointed as U.S. Attorney
for New Mexico. He was confirmed by the United States Senate
and sworn in on 5 August 1913. He served until 3 March 1921, when he tendered his resignation upon the inauguration of Republican
Warren G. Harding
as president.
In 1925, Burkhart represented Governor Hannett
against the unsuccessful election challenge of Manuel B. Otero. And the following year represented the State of New Mexico in New Mexico v. Colorado, a large water adjudication.
Burkhart married Miriam Parsons on 8 May 1889 in Las Vegas, NM, and they had two children.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer and the United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
from 1913 to 1921.
Burkhart was born in Martinsburg
Martinsburg, West Virginia
Martinsburg is a city in the Eastern Panhandle region of West Virginia, United States. The city's population was 14,972 at the 2000 census; according to a 2009 Census Bureau estimate, Martinsburg's population was 17,117, making it the largest city in the Eastern Panhandle and the eighth largest...
, Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
(now West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
) to middle class parents, William Davidson Burkhart and Nannie Forest Burkhart. He was sent away for advanced schooling to the College of St. James
St. James School, Maryland
Saint James School is an independent, secondary, boarding and day school. Founded in 1842 as the College of Saint James, The school is a coeducational college preparatory school.-Mission statement:...
in Washington County, Maryland
Washington County, Maryland
Washington County is a county located in the western part of the U.S. state of Maryland, bordering southern Pennsylvania to the north, northern Virginia to the south, and the Eastern Panhandle of West Virginia to the south and west. As of the 2010 Census, its population is 147,430...
, where he graduated in 1879. In 1880 he moved to Santa Fe, New Mexico
Santa Fe, New Mexico
Santa Fe is the capital of the U.S. state of New Mexico. It is the fourth-largest city in the state and is the seat of . Santa Fe had a population of 67,947 in the 2010 census...
and began the study of law. He was admitted to the NM bar
Admission to the bar
An admission to practice law, also called admission to the bar, is acquired when a lawyer receives a license to practice law. Becoming a lawyer is a widely varied process around the world. Common to all jurisdictions are requirements of age and competence; some jurisdictions also require citizenship...
in 1888, and was the First District Court clerk in 1889. Later that year Burkhart became the Clerk of Court for the NM Supreme Court
New Mexico Supreme Court
The New Mexico Supreme Court is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution...
where he stayed two years, and left to practice law in Albuquerque, where he had been living since his marriage in May 1889. In 1893 and 1894, Burkhart was the City Attorney for Albuquerque. He left that post to become an assistant U.S. Attorney for the Court of Private Land Claims
United States Court of Private Land Claims
The United States Court of Private Land Claims , was a United States court created to decide land claims guaranteed by the Treaty of Guadalupe Hidalgo, in the territories of New Mexico, Arizona, and Utah, and in the states of Nevada, Colorado, and Wyoming.-Origins:During Spanish and Mexican rule...
where he stayed until 1896, and then returned to the private practice of law.
Burkhart served as an Albuquerque alderman from 1898 through 1900. He was chairman of the Central Committee of the Bernalillo County
Bernalillo County, New Mexico
-2010:Whereas according to the 2010 U.S. Census Bureau:*69.4% White*3.0% Black*4.8% Native American*2.3% Asian*0.1% Native Hawaiian or Pacific Islander*4.4% Two or more races*16.0% Other races*47.9% Hispanic or Latino -2000:...
Democratic Party from 1896 to 1908, and resigned to become the Secretary of the Central Committee of the Democratic Party of New Mexico
Democratic Party of New Mexico
The Democratic Party of New Mexico is the local branch of the United States Democratic Party in the state of New Mexico, headquartered in Albuquerque. The party is led by Chairman Javier Gonzales and Vice-Chair Annadelle Sanchez.-Historical development:...
which post he held until 1911 when he resigned to run for the NM Supreme Court. Burkhart was the NM delegate to the 1908 Democratic National Convention
1908 Democratic National Convention
The 1908 Democratic National Convention was the quadrennial Democratic National Convention, the presidential nominating convention of the Democratic Party. It took place from July 7 to July 10, 1908 at Denver Auditorium Arena in Denver, Colorado....
. Defeated for the NM Supreme Court, Governor McDonald
William C. McDonald (governor)
William Calhoun McDonald was the first Governor of the State of New Mexico.McDonald moved to New Mexico Territory in 1880 and settled in Lincoln County, where he managed cattle ranches and became active in Democratic politics....
appointed Burkhart as Legal Adviser to the Governor. It was in this position that Burkhart issued the legal opinion that Albert Fall's
Albert B. Fall
Albert Bacon Fall was a United States Senator from New Mexico and the Secretary of the Interior under President Warren G. Harding, infamous for his involvement in the Teapot Dome scandal.-Early life and family:...
election in February 1913 by the NM Legislature
New Mexico Legislature
The New Mexico Legislature is the legislative branch of the state government of New Mexico. It is a bicameral body made up of the New Mexico House of Representatives and the New Mexico Senate....
was illegal, forcing a special session and a new vote.
Burkhart was active in securing passage in the U.S. Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
of the "Flood Amendment" to the N.M. Constitution
Constitution of the State of New Mexico
The Constitution of the State of New Mexico is the document governing the political framework of this U.S. state. Article II contains a bill of rights...
.
Following the election of Woodrow Wilson
Woodrow Wilson
Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...
, Burkhart was appointed as U.S. Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for New Mexico. He was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
and sworn in on 5 August 1913. He served until 3 March 1921, when he tendered his resignation upon the inauguration of Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Warren G. Harding
Warren G. Harding
Warren Gamaliel Harding was the 29th President of the United States . A Republican from Ohio, Harding was an influential self-made newspaper publisher. He served in the Ohio Senate , as the 28th Lieutenant Governor of Ohio and as a U.S. Senator...
as president.
In 1925, Burkhart represented Governor Hannett
Arthur T. Hannett
Arthur Thomas Hannett was an American politician who rose to become the seventh Governor of New Mexico....
against the unsuccessful election challenge of Manuel B. Otero. And the following year represented the State of New Mexico in New Mexico v. Colorado, a large water adjudication.
Burkhart married Miriam Parsons on 8 May 1889 in Las Vegas, NM, and they had two children.