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Rutherford spent two years as a judge's intern, became an official court reporter at age 20, and was admitted to the Missouri bar in May 1892 at age 22.
He became a trial lawyer for a law firm and later served for four years in Boonville as a public prosecutor.
He campaigned briefly for Democratic presidential candidate William Jennings Bryan.
He was appointed as a Special Judge in the Eighth Judicial Circuit Court of Missouri, sitting as a substitute judge at least once when a regular judge was unable to hold court.
As a result of this appointment he became known by the sobriquet " Judge " Rutherford.
He was admitted to the New York bar in 1909 and admitted to practice before the Supreme Court of the United States the same year.

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