Byron Elliott

Byron Kosciusko Elliott (September 4, 1835 – April 19, 1913) was an American lawyer, judge, and jurist from the state of Indiana. Elliott served as the city attorney of Indianapolis, a judge of the Marion County criminal and superior court, and a justice of the Indiana Supreme Court from January 3, 1881, to January 2, 1893. Biography Born in Hamilton, Butler County, Ohio, Elliott was educated in the Marion County Seminary, where he was classmates with William Dean Howells. Elliot came to Indianapolis in 1850 with his father, William J. Elliott. Studying in a local law office, he was admitted to the bar in 1858. In 1859, he was elected city attorney of Indianapolis. Initially a Democrat supporting Stephen A. Douglas in the 1860 United States presidential election, Elliott switched to the Republican Party at the outbreak of the American Civil War. Elliott served in the war for four years, attaining the rank of adjutant-general on the staff of General Robert H. Milroy. After the war ended, Elliott returned to Indianapolis and resumed serving as city attorney. In 1870, Elliott was elected as a judge of the Marion County criminal court without seeking the office, and while away from the city. Elliott was elected back to the office of Indianapolis city attorney in 1872. In 1876, he was elected to the Marion County superior court. He was re-elected to the position, but declined it to accept the Republican nomination for a position on the Indiana Supreme Court. Elliott was elected to the Indiana Supreme Court in 1880, taking office the following January and serving two six-year terms before his retirement. He was elected to replace Justice John T. Scott. During his time on the Supreme Court, Elliott and his fellow Justices dealt with many cases regarding interpretation of the Indiana state constitution. Elliott was a leading advocate in the court of the separation of powers and judicial independence. Elliott authored numerous influential opinions in a number of cases that overturned legislative efforts to interfere in the court activities—for instance, the Court at this time overturned legislation that established the offices of commissioners, appointed by the General Assembly, who were to assist the Justices in their duties.