Cephas B. Moomaw

Cephas Benjamin Moomaw (October 23, 1849 – October 18, 1915) was an American lawyer, judge, and Democratic politician who served as the 21st mayor of Roanoke, Virginia, from February 1, 1913, until his death in office in October 1915.

Largely self-educated in the law, Moomaw began practicing in Fincastle, Virginia, before moving to the rapidly growing railroad city of Roanoke in the late 1880s. His public career included service on the Botetourt County Board of Supervisors and school board, the Roanoke City Council, Roanoke's city solicitor, the Virginia Circuit Court bench, and service as mayor.

Early life and education

Moomaw was born in Botetourt County, Virginia on October 23, 1849, a son of Joseph Moomaw and Mary "Polly" Stover Moomaw. His family was part of the long-established German-American Moomaw family of the Roanoke and Botetourt region.

He attended private schools in Botetourt County but did not receive a formal university legal education. He instead read law independently and through practical study, mastering what a contemporary biography described as the "intricate problems of law." He was admitted to the Virginia bar in 1882. Contemporary accounts subsequently described him as a self-educated lawyer who had advanced from limited educational opportunities to become one of the leading attorneys of Southwest Virginia.

Legal career

After admission to the bar in 1882, Moomaw established a practice in Fincastle, the seat of Botetourt County. He practiced there for approximately five years before moving to Roanoke. While living in Botetourt, he served one term on the Botetourt County Board of Supervisors and several years on the county school board.

Moomaw moved to Roanoke in approximately 1887, while the city was expanding as a center of the Norfolk and Western Railway. He initially entered a partnership with John W. Woods, which continued for approximately five years. After Woods was elevated to the bench, Moomaw reorganized the practice and became the senior member of Moomaw & Woods. The firm practiced in the courts of Roanoke City and surrounding counties.

Moomaw frequently served as a trustee, commissioner, or special commissioner in property and equity proceedings.

Public Service

Roanoke City Council

Before becoming city solicitor, Moomaw served two consecutive one-year terms on the Roanoke City Council, from July 1, 1892, until July 1, 1894. During his council service, he sat on the Committee on Lights, which supervised and reported on the city's municipal-lighting arrangements. Council reporting from 1893 also identified him as a member of the ordinance committee, where he participated in revising and organizing municipal legislation. A later biographical account characterized him as a practical and attentive councilman.

City solicitor

In 1897, Moomaw was elected by the council as Roanoke's city solicitor, an office functionally equivalent to the modern city attorney. As solicitor, he represented the municipal government in litigation, prepared legal opinions for council, and advised city officers on taxation, ordinances, franchises, public improvements, and the limits of municipal authority.

Moomaw represented Roanoke in litigation concerning the city's power to impose assessments for public improvements. One such dispute, Adams v. City of Roanoke, reached the Supreme Court of Appeals of Virginia in 1903. The court upheld the city's procedure for imposing a special assessment for sewer construction, concluding that the property owner had received constitutionally sufficient notice and an opportunity to contest the assessment. The decision had a lasting place in Virginia municipal law and was cited by the Supreme Court of Virginia more than a century later in Cygnus Newport–Phase 1B, LLC v. City of Portsmouth (2016).

In March 1902, Moomaw participated in a successful local effort to secure regular sessions of the federal courts in Roanoke. At a meeting of the Roanoke bar, he, James D. Johnston and Roy B. Smith were appointed to a committee charged with asking the city council to make the city's circuit courtroom and clerk's office available for federal proceedings. The proposal was incorporated into legislation favorably reported by the United States House Committee on the Judiciary. Federal court sessions began in Roanoke later in 1902, initially using the city's 1897 federal building. He also signed notices and pleadings on behalf of the city in public-improvement and assessment matters. Surviving council minutes record his advice on voting requirements for ordinances and other questions of municipal procedure. Moomaw left the solicitor's office upon his elevation to the circuit bench in 1905.

Circuit judge

On September 30, 1905, Governor Andrew Jackson Montague appointed Moomaw to fill the vacancy on Virginia's Twentieth Judicial Circuit caused by the resignation of Judge Henry E. Blair. His time in the office began on October 2, 1905. The circuit included Roanoke City and counties in the surrounding region, and Moomaw presided over both civil and criminal proceedings. In one widely reported murder trial, he ruled on the admissibility of statements attributed to the deceased victim.

His appointment was submitted to the Virginia General Assembly when it convened in January 1906. Moomaw sought election by the legislature to a full term but was defeated by William W. Moffett by a vote of 95 to 16.

His judicial service ended on February 1, 1906, when Moffett assumed office.

After leaving the bench, Moomaw returned to private practice and eventually formed C. B. and H. M. Moomaw with his son Hugh. He also continued to represent the city in significant litigation after his judicial service.

Mayor of Roanoke

Moomaw's former law partner, Mayor John W. Woods, died on December 23, 1912, less than six months after taking office. Moomaw entered the special election to complete the mayoral term and sought the Democratic nomination, which was generally decisive in Roanoke municipal elections of the period.

In the January 1913 Democratic primary, Moomaw defeated Alderman H. H. Donaldson by a reported majority of 529 votes. He assumed office on February 1 as Roanoke's 21st mayor.

Moomaw served as mayor while Roanoke was experiencing continued industrial and population growth and an accompanying expansion of municipal services. Moomaw also participated in the revision and compilation of Roanoke's municipal code. The resulting volume, prepared with Charles A. McHugh, collected the charters of Big Lick, the town and city of Roanoke, constitutional provisions affecting Virginia municipalities, amendments, ordinances, and other governing statutes. Contemporary bibliographic catalogues credited both Moomaw and McHugh as revisers.

Public education was a prominent subject in Moomaw's civic addresses. Speaking in February 1914, he contrasted the 754 pupils enrolled in Roanoke's public schools in 1887 with 7,231 in the 1912–1913 school year and approximately 7,800 in 1913–1914, an increase of more than tenfold.

Moomaw represented Roanoke in the statewide debate over reform of Virginia's tax system. When the state tax commission held hearings in Roanoke in June 1914, he welcomed the commissioners and presented a resolution opposing the proposed rigid segregation of state and local sources of taxation and supporting the establishment of a permanent state tax commission.

Public transportation was another recurring issue. In June 1913, Moomaw corresponded with officials of the local street-railway company as the city pressed the company concerning its service and municipal obligations. His handling of public-utility matters continued a professional involvement dating from his years as city solicitor, when he had advised the council on assessments, franchises, paving, and the legal powers of the municipality.

In April 1913, public donations for victims of flooding in Catlettsburg, Kentucky, were collected through his office and transmitted as a city relief contribution.

He regularly represented Roanoke at conventions, veterans' reunions, professional gatherings, and statewide meetings, delivering official addresses on behalf of the city. At a civic program in September 1914, his assigned subject was "Civic Pride", reflecting the promotional and ceremonial role he assumed for the growing city.

Moomaw continued practicing law while mayor, as permitted under the municipal system of the period. Contemporary court notices identified him simultaneously as mayor and as counsel in private litigation.

In March 1915 his administration became involved in a dispute arising from allegations contained in a city grand-jury report. Moomaw asked the city council to investigate the allegations, while council members considered the proper procedure for receiving his response. His formal message was subsequently considered by the board of aldermen.

Personal life

On December 24, 1873, Moomaw married Sarah Elizabeth Mangus. They had five children: Edith May, Mary George, Annie Lillie, Hugh Mangus, and Joseph Frank Moomaw. Mary and Annie died in childhood. Hugh Mangus Moomaw later became an attorney and practiced with his father.

A lifelong Democrat, Moomaw participated in party affairs. In 1892, the city Democratic executive committee appointed him to a committee responsible for recounting ballots from a contested city-council primary. Moomaw was a member of the Knights of Pythias and the Benevolent and Protective Order of Elks. He was also a member of Greene Memorial Methodist Episcopal Church.

Death

On October 18, 1915, he was taken to Jefferson Hospital in Roanoke suffering from complications attributed to gallstones. He underwent an operation but died the same evening.

His funeral was held at Greene Memorial Methodist Church. Contemporary reporting described Roanoke as being in mourning and recorded a large public tribute to the late mayor.

Moomaw was originally buried at Fairview Cemetery. His remains were transferred to Evergreen Burial Park in 1928.

Works

See also

• List of mayors of Roanoke, Virginia
• History of Roanoke, Virginia

External links

• Cephas B. Moomaw portrait and catalogue record, Roanoke Public Libraries
• High-resolution portrait, Virginia Room Digital Collection
• Cephas Benjamin Moomaw at Find a Grave