Biographies - Judge Donald Phelps Marr

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             Judge Marr is one of the pillars of the judiciary. A comparatively young man, with a brilliant record, and to whom there seems to open up a career of great usefulness and distinction. We cannot say that he is one of the coming men, for at an early age he has already attained a position of eminence reached by few in a long lifetime. As Judge of the 36th Judicial District, his course has met the endorsement and challenged the admiration of his seniors, and he has already been a prominent aspirant to the bench of the Court of Appeals, as one of the Associate Justices. Before the Democratic state convention of 1888, he was a candidate and received 269 votes, together the hearty and united support of the entire Southwest (where he resides) for that high office.

             Donald Phelps Marr was born October 27, 1855, in Eldorado, Union County, Arkansas. His father was Hugh D. Marr, and his mother Virginia E. Tobin. He was educated at Gordon's Institute, near Lisbon, Arkansas, where he took a course in English literature, ancient languages, mathematics, etc. He afterwards adopted law as a profession, preparing himself at Austin, the capital, where he had access to the valuable libraries and instruction of the ablest lawyers, and was admitted to the bar in 1875; his disability as a minor being removed by the court for that purpose. His perceptor was Judge James A. Shepard. He had, previous to his removal to Texas, taught school to enable him to finish his education.

             When Judge Marr first came to Texas, early in 1874, he settled at Austin.

             Having completed his legal studies, he removed thence to Pleasanton, Atascosa county, where he located in the practice of his profession and with marked success. In that county and in the year 1878, he married Miss Johnnie Belle Jasper, a native daughter of Texas, and they have one son, Don Julian. Judge Marr was a member of the 17th Legislature, but resigned at the close of its first session, having been tendered by Gov. O. M. Roberts, the appointment of District Judge of the 36th District. He accepted the appointment July 4, 1881, and is the present incumbent. He was at that time the youngest man ever called to that important office in this State. As evidence of his hold upon the popular mind, upon the expiration of his term, he was promptly re-elected to the office, twice consecutively. Of course it is unnecessary to say that he is a Democrat. He is not a member of any secret society. His present residence is at Pearsall, Texas.

             Judge Marr is a large, portly man, dignified and of commanding presence, and has dark complexion, jet black hair and eyes and beard, and in his social intercourse he is one of the pleasant-est of men. His impartiality, learning and independence on the bench has commended him almost universally to the people and bar of the Southwest. When in 1888, he sought to be one of the Associate Justices of the Court of Appeals (to which we have already referred), it is difficult, considering the magnitude of the office and the age of the aspirant, to find a parallel for the unanimity with which the people and his professional brethren alike, espoused his cause. In Bexar county alone, sixty-four (64) members of that bar, without regard to party and headed by such distinguished names as Thos. J. Devine, Columbus Upson, J. R. Mason and Jno. A. Green, united in an address to the bar and people of the State in his behalf. They declared, among other things, that they "were acquainted with his course on the bench and knew him to be worthy and capable of the office to which he aspired. That his record would compare favorably with any other District Judge in the State. That they believed him to be possessed of the first qualities of a Judge: to hear patiently, decide promptly and enforce the mandates of the court imperatively." No higher endorsement could be given—none more deserved, and we know that Judge Marr profoundly appreciates this just yet spontaneous tribute of his brethren. In concluding, we may briefly advert to a few of the many important decisions rendered by him and which have met the approval of the Supreme Court. In Cotulla vs. Laxson, Judge Marr announced the salutary decision that County Surveyors could not legally purchase the common school lands of the State, the sales of which were largely intrusted to those officers. This was a case of first impression—the precise point not having been previously adjudicated, and his ruling was confirmed on appeal. His charge to the jury on the doctrine of an equitable estoppel, (in Timon vs. Whitehead, 58 Tex.) where a junior survey prevailed over a valid senior covering the same land, after being exhaustively examined by Chief Justice Willie in rendering the opinion, was in all respects approved by the Supreme Court. These decisions and others of like importance, place Judge Marr in the front rank of the jurists of Texas.