Smith was nominated by President
William Howard Taft on January 17, 1911, to a joint seat on the
United States Court of Appeals for the Eighth Circuit and the
United States Circuit Courts for the Eighth Circuit vacated by Judge
Willis Van Devanter. He was confirmed by the
United States Senate on January 31, 1911, and received his commission the same day. On December 31, 1911, the Circuit Courts were abolished and he thereafter served only on the Court of Appeals. His service terminated on January 27, 1922, due to his death in Council Bluffs. He was interred in Fairview Cemetery in Council Bluffs. ==References==