Appointment to the North Carolina Supreme Court
After McMullen's sudden death, Lake returned to a successful private practice. By 1965, his success as an attorney led to his appointment to the state supreme court by Governor Dan Moore.
Citing this Excerpt
Oral History Interview with I. Beverly Lake Sr., September 8, 1987. Interview C-0043. Southern Oral History Program Collection (#4007) in the Southern Oral History Program Collection, Southern Historical Collection, Wilson Library, University of North Carolina at Chapel Hill.
Full Text of the Excerpt
- I. BEVERLY LAKE:
-
...After Mr. McMullan's death, I decided the time had come to go
back into private practice. My friend, A.J. Fletcher, who was a
practioner in Raleigh, a sole practioner, which
was a very practical thing in those days, invited me
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- I. BEVERLY LAKE:
-
to be his partner, which I did. Our partnership lasted then for ten
years. Mr. Fletcher actuelly retired before that time. Then I took in as
junior partners in the firm. Eugene Boyce, who is now practicing law in
Raleigh, and my son, I. Beverly Lake, Jr., now a Special Superior Court
Judge. We had a very fine time practicing law in the old Capitol Club
Building. building. It was reasonably rewarding financially. At least we
didn't starve. So I got along with that.
One of my most interesting cases was the Wilson Tobacco Market case in
which Center Brick Warehouse sued all the other operators on the Wilson
market, alleging violations of the Sherman Antitrust Act. The bone of
contention was what was then a system of allocating selling time among
the several warehouses operating on the Wilson Tobacco Market. Time [was
allocated] on the basis of floor space in the various warehouses, which
brought on a wasteful expansion of warehouse floor space. The more floor
space a warehouse had, the more selling time. But anyhow, we tried that
case in New Bern before Judge John Larkins in the United States District
Court. That trial lasted six weeks. We were successful. The jury
returned the verdict in our favor. While the jury was out. I had a
telephone call from Governor Dan Moore, who had been, incidentally, my
opponent in my second campaign for Governor in 1964, and always my very
good friend. He asked me to come by the next morning to the mansion. He
had something he wanted to talk to me about. So I waited to get the jury
verdict, which was in my favor, and then I came on home, and
the next morning I went over. Governor Moore
offered me an appointment to the Supreme Court. So within a space of
about twelve hours, I had won my biggest trial in the United States
District Court and got appointed to the Supreme Court. I was appointed
to succeed Justice Rodman, also a very fine old friend. Justice Rodman
actually did not retire until some few weeks later, and I was sworn in
as a Supreme Court Justice on my birthday in August, 1965.
I then had the most delightful experience. Work on the Supreme Court was
extremely interesting. Some of it, of course, was a little dull but very
interesting work, very pleasant work. The associations, particularly
associations which I had with the other members of the Court, were
delightful beyond description. I served with Chief Justice Denny, who
swore me in, Chief Justice Parker, Chief Justice Bobbitt, and Chief
Justice Sharp. United Chief Justice Sharp. I was the Senior Associate
Justice, so I sat on her right and, figuratively, became her right hand
man on the Court.
[Laughter]