Early Life and Career
Born in Marion, Indiana, he received a LL.B. from the Cincinnati Law School in 1881. He was a member of the Beta Theta Pi fraternity and the Knights of Pythias. After three years private practice in Marion, he moved to the Wyoming Territory where he served as city attorney of Cheyenne, Wyoming and a member of the territorial legislature. At the age of 30, he was appointed chief judge of the territorial court. Upon statehood, he served as Chief Justice of the Wyoming Supreme Court for four days,. and again took up private practice for seven years, including much work for the Union Pacific and other railroads.
In 1896 he represented the state of Wyoming before the U.S. Supreme Court in Ward v. Race Horse 163 U.S. 504 (1896). At issue was a state poaching charge for hunting out of season, and its purported conflict with an Indian treaty that allowed the activity. The Native Americans won in the U.S. Federal District Court; the judgment was revised on appeal to the Supreme Court by a 7-1 majority.
In the summer and fall of 1896, Van Devanter was afflicted with typhoid fever. From 1896 to 1900 he served in Washington, D.C. as an assistant attorney general, working in the Department of Interior. He was also a professor at The George Washington University Law School from 1897 to 1903.
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