Day James Gamble was born on June 28, 1832 in Jefferson County, Ohio, United States. He was of English descent. His father, George Day, was a farmer in Jefferson County, Ohio; his mother, Sarah (Gamble), was a sister of Judge John A. Gamble of the Pennsylvania court of common pleas.
Day's youth was spent upon his father’s farm, his early education being obtained in the public schools.
In 1850 he entered Richmond College, Ohio, and after spending two years there became a school-teacher, reading law in his spare hours.
Three years later he entered the Cincinnati Law School where he graduated in 1857.
Day went West, and opened a law office in Afton, Union County, Iowa, becoming prosecuting attorney.
In 1860 he removed to Sidney, Fremont County, which continued to be his home for the ensuing twenty-three years.
On the outbreak of the Civil War he enlisted in the 15th Iowa Infantry which was organized at Keokuk, November 1861. Commissioned first lieutenant, he took part in much heavy fighting in the West, was promoted captain, and at the battle of Shiloh, April 6, 1862, was so severely wounded as to be incapacitated for further service.
While yet with the army he had been nominated by the Republican judicial convention for judge of the 3rd judicial district of Iowa, and elected. He took his seat on the bench January 1, 1863, and was reelected in 1867.
In August 1870 he was appointed by Governor Merrill a judge of the supreme court of Iowa to fill a vacancy. By subsequent election and reelection he retained this position till January 1, 1884, being chief justice in 1871, 1877, and 1883. As supreme court judge he enhanced his already considerable judicial reputation. In 1882 an amendment to the Iowa constitution prohibiting the manufacture and sale of intoxicating liquors within the state had been adopted by a large majority, but in the opinion of the state supreme court the procedure had not complied with constitutional requirements. The public displeasure at this decision prompted a petition for a rehearing, and the case was reargued; but the court, ignoring the popular feeling, adhered to its previous holding.
Although a candidate for reelection in the following year, he was refused the Republican nomination on account of his stand, as were also his three concurring colleagues.
Speaking later of his decision in this case he said that it was “one which I could not have refused to make without a surrender of manhood. ”
On relinquishing office he removed to Des Moines, where he resumed practise, but abstained from further participation in public life.
Quotations: “If courts could be coerced by popular majorities into a disregard of their provisions [f. e. , of constitutions], constitutions would become mere ‘ropes of sand, ’ and there would be an end of social security and of constitutional freedom. The cause of temperance can sustain no injury from the loss of this amendment, which would be at all comparable to the injury to republican institutions which a violation of the constitution would inflict”.
Day was of powerful physique, nearly six feet in height, and broad in proportion.
As supreme court judge he enhanced his already considerable judicial reputation.
His learning was mature, his judicial temperament perfect, his opinions models of good reasoning, clearness and force.
In addition he displayed a boldness and independence of thought which ultimately brought him into collision with public sentiment.
In disposition singularly equable, with his feelings invariably under control, and his natural dignity never ruffled, he quickly lived down the unreasoning resentment which his opinion on the prohibition amendment had provoked.
On December 1, 1837 Day married Minerva C. Manley of Steubenville, Ohio.
