In 1868, Ross moved to Los Angeles, California, and joined the law office of his uncle, Cameron E. Thom, a prominent lawyer and former state senator who would later serve as Mayor of Los Angeles. After studying law at Thom's office for two years, Ross was admitted to the bar of the district court. In 1875, he joined the bar of the state supreme court, having already become wealthy and famous through his partnership with his uncle.[3]
In October 1879, when adoption of a new constitution required elections for all court seats, Ross was elected to the Supreme Court of California and began his term on January 5, 1880.[4][5] A Democrat, he was elected at age 34 without having served on the bench of any lower court.[6] The newly elected justices drew lots to determine their length of term, and both he and John Sharpstein drew three-year terms.[7][8] In October 1882, Ross was re-elected on the Democratic ticket along with Sharpstein to a 12-year term on the high court.[9] In November 1885, he announced his plans to resign to return to private practice with law partner Stephen M. White effective January 1, 1886.[10] Instead, Ross delayed his resignation and stayed on the court until October 1, 1886.[11]
Ross was nominated by President Cleveland on February 19, 1895, to the United States Court of Appeals for the Ninth Circuit and the United States Circuit Courts for the Ninth Circuit, to a new seat authorized by 28 Stat. 665.[5] He was confirmed by the Senate on February 22, 1895, and received his commission the same day.[5] On December 31, 1911, the Circuit Courts were abolished and he thereafter served only on the Court of Appeals.[5] He assumed senior status on May 31, 1925.[5] His service terminated on December 10, 1928, due to his death in Los Angeles.[5][13]
Bequest creating Ross Essay Contest
In his will, Ross bequeathed $100,000 to endow an essay contest administered by the American Bar Association.[14] The essay contest spawned a well-known tax case, in which a winner avoided paying income tax on his prize money.[15] Congress later amended the tax code so that such winnings would be taxed.[16] The topic for the 2009 Ross Essay Contest is Write an open letter to the new president and Congress describing the most important priority for improving the U.S. justice system.[17]
On May 7, 1874, Ross wed Inez Hannah Bettis. In 1875, they had one son, Robert Erskine Ross. Inez died December 12, 1907, and in June 1909, Ross remarried to daughter of Agoston Haraszthy named, Ida Haraszthy Hancock, a wealthy widow in Los Angeles.[19]
Ross was a charter member of the Society of Colonial Wars in the State of California, admitted on November 30, 1895. General Society No 1360, California Society No. 17.[20][21]
^"Minister Denby Breakfasted". Daily Alta California. Vol. 39, no. 12938. California Digital Newspaper Collection. 16 August 1885. p. 8. Retrieved August 19, 2017.
^ abOscar T. Shuck, History of the Bench and Bar of California, page 657.
^"Official Returns of the Election". Sacramento Daily Union. Vol. 8, no. 191. California Digital Newspaper Collection. 20 October 1879. p. 2. Retrieved July 21, 2017.
^"The New State Supreme Court". Sacramento Daily Record-Union. Library of Congress Historic Newspapers. January 6, 1880. p. 1. Retrieved August 16, 2017.
^"The Courts, Supreme Court". Sacramento daily record-union. Library of Congress Historic Newspapers. January 13, 1880. p. 2. Retrieved July 25, 2017.
^"Democratic State Ticket". Los Angeles Herald. No. 41. California Digital Newspaper Collection. 10 October 1882. p. 2. Retrieved August 19, 2017.
^"Brief Notes". Sacramento Daily Union. Vol. 54, no. 86. California Digital Newspaper Collection. 30 November 1885. p. 3. Retrieved August 19, 2017. Erskine M. Ross, of the Supreme Court, has made up his mind to resign, and will send his resignation to the Governor in a day or two, to take effect January 1, 1886.
^"Judge Ross Resigns Again". Daily Alta California. Vol. 41, no. 13469. California Digital Newspaper Collection. 13 July 1886. p. 5. Retrieved August 19, 2017. Governor Stoneman...says Ross is the great American resigner, this being the third resignation he has sent in.
^"Ross and Brooks". Los Angeles Herald. Vol. 26, no. 71. California Digital Newspaper Collection. 24 December 1886. p. 1. Retrieved August 19, 2017. Judge Ross resigned from the Supreme Court a short time ago, and resumed the practice of law as a partner of Hon. Stephen M. White.
Shuck, Oscar T. (1901). History of the Bench and Bar of California, being Biographies of many Remarkable Men, a Store of Humorous and Pathetic Recollections, Accounts of Important Legislation and Extraordinary Cases, Comprehending the Judicial History of the State. Los Angeles, California: The Commercial Printing House.
