Chief Justice Brown was reelected to a second term to the office. Brown previously served three terms as Associate Justice. Brown died in office on September 24, 1923. Governor J.A.O. Preus appointed Samuel Wilson to fill the vacancy on September 29, 1923. Wilson was an attorney from Mankato, former Blue Earth County Attorney, and field agent for the Bureau f War Risk Insurance.
Drake was a resident of Minneapolis and publisher of the St. Anthony Democrat. He was endorsed by the Nonpartisan League.