Harlan F. Stone
Harlan Fiske Stone was an American lawyer. He served as an Associate Justice of the U. S. Supreme Court from 1925 to 1941 and as the 12th Chief Justice of the United States from 1941 to 1946, he was the 52nd United States Attorney General. His most famous dictum was: "Courts are not the only agency of government that must be assumed to have capacity to govern."Born in Chesterfield, New Hampshire, Stone practiced law in New York City after graduating from Columbia Law School. He became the dean of Columbia Law School and a partner with Cromwell. During World War I, he served on the War Department Board of Inquiry, which evaluated the sincerity of conscientious objectors. In 1924, President Calvin Coolidge appointed Stone as the Attorney General. Stone sought to reform the Department of Justice in the aftermath of several scandals that occurred during the administration of President Warren G. Harding, he pursued several antitrust cases against large corporations. In 1925, Coolidge nominated Stone to succeed retiring Associate Justice Joseph McKenna, Stone won Senate confirmation with little opposition.
On the Taft Court, Stone joined with Justices Holmes and Brandeis in calling for judicial restraint and deference to the legislative will. On the Hughes Court and Justices Brandeis and Cardozo formed a liberal bloc called the Three Musketeers that voted to uphold the constitutionality of the New Deal, his majority opinions in United States v. Darby Lumber Co. and United States v. Carolene Products Co. were influential in shaping standards of judicial scrutiny. In 1941, President Franklin D. Roosevelt nominated Stone to succeed the retiring Charles Evans Hughes as Chief Justice, the Senate confirmed Stone; the Stone Court presided over several cases during World War II, Stone's majority opinion in Ex parte Quirin upheld the jurisdiction of a United States military tribunal over the trial of eight German saboteurs. His majority opinion in International Shoe Co. v. Washington was influential with regards to personal jurisdiction. Stone was the Chief Justice in Korematsu v. United States, ruling the exclusion of Japanese Americans into internment camps as constitutional.
Stone served as Chief Justice until his death in 1946. He had one of the shortest terms of any Chief Justice, was the first Chief Justice not to have served in elected office. Harlan Fiske Stone was born in Chesterfield, New Hampshire on October 11, 1872 to Fred Lauson Stone and his wife, Ann Sophia Stone, he prepared at Amherst High School, graduated Phi Beta Kappa from Amherst College in 1894. From 1894 to 1895, he was the sub master of Newburyport High School. From 1895 to 1896 he was an instructor in history at Adelphi Academy in New York. Stone attended Columbia Law School from 1895 to 1898, received an LL. B. and was admitted to the New York bar in 1898. Stone practiced law in New York City as a member of the firm Satterlee, Canfield & Stone, as a partner in the firm Sullivan & Cromwell. From 1899 to 1902 he lectured on law at Columbia Law School, he was a professor there from 1902 to 1905 and served as the school's dean from 1910 to 1923. He lived in an apartment building near campus. During World War I, Stone served for several months on a War Department Board of Inquiry, with Major Walter Kellogg of the U.
S. Army Judge Advocate Corps and Judge Julian Mack, that reviewed the cases of 2,294 men whose requests for conscientious objector status had been denied by their draft boards; the Board was charged with determining the sincerity of each man's principles, but devoted only a few minutes to interrogation and rendering a decision. Stone was impatient with men who took advantage of the benefits of life in America–using postage stamps was his example–without accepting the burdens of citizenship. In a majority of cases, the Board's subjects either relinquished their claims or were judged insincere, he summarized his experience with little sympathy: "The great mass of our citizens subordinated their individual conscience and their opinions to the good of the common cause" while "there was a residue whose peculiar beliefs...refused to yield to the opinions of others or to force." He recognized the courage required to persist as a conscientious objector: "The Army was not a bed of roses for the conscientious objector.
During this time Stone defended free speech claims for professors and socialists. Columbia soon became a center of a new school of legal realism. Legal realists rejected static legal rules. Although Dean Stone encouraged the realists, he was condemned by Columbia President Nicholas Murray Butler as an intellectual conservative who had let legal education at Columbia fall "into the ruts."In 1923, disgusted by his conflict with Butler and bored with "all the petty details of law school administration" that he dubbed "administrivia," Stone resigned the deanship and joined the prestigious Wall Street firm of Sullivan & Cromwell. He received a much higher salary and headed the firm's litigation department, which had a large corporation and estate practice. In full‑time private practice for only a brief time, Stone was considered a "hard‑working, solid sort of person, willing on occasion to champion the rights of
Charles Evans Hughes
Charles Evans Hughes Sr. was an American statesman, Republican Party politician, the 11th Chief Justice of the United States. He was the 36th Governor of New York, the Republican presidential nominee in the 1916 presidential election, the 44th United States Secretary of State. Born to a Welsh immigrant preacher and his wife in Glens Falls, New York, Hughes pursued a legal career in New York City. After working in private practice for several years, in 1905 he led successful state investigations into public utilities and the life insurance industry, he implemented several progressive reforms. In 1910, President William Howard Taft appointed Hughes as an Associate Justice of the Supreme Court of the United States. During his tenure on the Supreme Court, Hughes joined Associate Justice Oliver Wendell Holmes Jr. in voting to uphold state and federal regulations. Hughes served as an Associate Justice until 1916, when he resigned from the bench to accept the Republican presidential nomination. Though Hughes was viewed as the favorite in the race against incumbent Democratic President Woodrow Wilson, Wilson won a narrow victory.
After Warren G. Harding won the 1920 presidential election, Hughes accepted Harding's offer to serve as Secretary of State. Serving under Harding and Calvin Coolidge, Hughes negotiated the Washington Naval Treaty, designed to prevent a naval arms race among the United States and Japan. Hughes left office in 1925 and returned to private practice, becoming one of the most prominent attorneys in the country. In 1930, President Herbert Hoover appointed Hughes to succeed Chief Justice Taft. Along with Associate Justice Owen Roberts, Hughes emerged as a key swing vote on the bench, positioned between the liberal Three Musketeers and the conservative Four Horsemen; the Hughes Court struck down several New Deal programs in the early and the mid-1930s, but 1937 marked a turning point for the Supreme Court and the New Deal as Hughes and Roberts joined with the Three Musketeers to uphold the Wagner Act and a state minimum wage law. That same year saw the defeat of the Judicial Procedures Reform Bill of 1937, which would have expanded the size of the Supreme Court.
Hughes served until 1941, when he was succeeded by Associate Justice Harlan F. Stone. Hughes's father, David Charles Hughes, migrated from Wales to the United States in 1855 after he was inspired by the autobiography of Benjamin Franklin. David became a Baptist preacher in Glens Falls, New York, married Mary Catherine Connelly, whose family had been in the United States for several generations. Charles Evans Hughes, the only child of David and Mary, was born in Glens Falls on April 11, 1862; the Hughes family moved to Oswego, New York in 1866, but relocated soon after to Newark, New Jersey and to Brooklyn. With the exception of a brief period of attendance at Newark High School, Hughes received no formal education until 1874, instead being educated by his parents. In September 1874, he enrolled in New York City's prestigious Public School 35, graduating the following year. At the age of 14, he enrolled at Madison University transferred to Brown University, he graduated third in his class at the age of 19, having been elected to Phi Beta Kappa in his junior year.
During his time at Brown, Hughes volunteered for the successful presidential campaign of Republican nominee James A. Garfield and served as the editor of the college newspaper. After graduating from Brown, Hughes spent a year working as a teacher in New York. Hughes next enrolled in Columbia Law School, he passed the New York bar exam in 1884, with the highest score awarded by the state. In 1888, Hughes married Antoinette Carter, the daughter of the senior partner of the law firm where he worked, their first child, Charles Evans Hughes Jr. was born the following year, Hughes purchased a house in Manhattan's Upper West Side neighborhood. Hughes and his wife would have three daughters, their youngest child, Elizabeth Hughes Gossett, was one of the first humans injected with insulin, served as president of the Supreme Court Historical Society. Hughes took a position with the Wall Street law firm of Chamberlain, Carter & Hornblower in 1883, focusing on matters related to contracts and bankruptcies.
He was made a partner in the firm in 1888, the firm changed its name to Carter, Hughes & Cravath. Hughes left the firm and became a professor at Cornell Law School from 1891 to 1893, he returned to Carter, Hughes & Cravath in 1893. He joined the board of Brown University and served on a special committee that recommended revisions to New York's Code of Civil Procedure. Responding to newspaper stories run by the New York World, Governor Frank W. Higgins appointed a legislative committee to investigate the state's public utilities in 1905. On the recommendation of a former state judge, impressed by Hughes's performance in court, the legislative committee appointed Hughes to lead the investigation. Hughes was reluctant to take on the powerful utility companies, but Senator Frederick C. Stevens, the leader of the committee, convinced Hughes to accept the position. Hughes decided to center his investigation on Consolidated Gas, which controlled the production and sale of gas in New York City. Though few expected the committee to have any impact on public corruption, Hughes was able to show that Consolidated Gas had engaged in a pattern of tax evasion and fraudulent bookkeeping.
To eliminate or mitigate those abuses, Hughes drafted and convinced the state legislature to pass bills that established a commission to regulate public utilities and lowered
Lewis F. Powell Jr.
Lewis Franklin Powell Jr. was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States, serving from 1971 to 1987. Powell compiled a conservative record on the Court and cultivated a reputation as a swing vote with a penchant for compromise. Born in Suffolk, Virginia, he graduated from both Washington and Lee Law School and Harvard Law School and served in the United States Army Air Forces during World War II, he worked for a large law firm in Richmond, focusing on corporate law and representing clients such as the Tobacco Institute. In 1971, President Richard Nixon appointed Powell to succeed Associate Justice Hugo Black, he retired from the Court during the administration of President Ronald Reagan, was succeeded by Anthony Kennedy. His tenure overlapped with that of Chief Justice Warren Burger, Powell was a key swing vote on the Burger Court, his majority opinions include First National Bank of Boston v. Bellotti and McCleskey v. Kemp, he wrote an influential opinion in Regents of the University of California v. Bakke.
He notably joined the majority in cases such as United States v. Nixon, Roe v. Wade, Plyler v. Doe, Bowers v. Hardwick. Powell was born in Suffolk, the son of Mary Lewis and Louis Franklin Powell Sr. Powell set out to attend Washington and Lee University where he became president of his fraternity, managing editor of the student newspaper, a member of the yearbook staff, his major was in commerce, but he studied law. Powell had always planned on becoming a lawyer, he graduated in 1929 with a B. A. magna cum laude. Powell would attend Washington and Lee Law School where he graduated first in his class in 1931, he received a Master of Laws degree from Harvard Law School in 1932. His LL. M. Thesis at Harvard was entitled "Relation between the Virginia Court of Appeals and the State Corporation Commission." Along with Sherman Minton, Powell is one of two U. S. Supreme Court justices to have earned an LL. M. degree. He was elected president of the student body as an undergraduate with the help of Mosby Perrow Jr. and the two served together on the Virginia State Board of Education in the 1960s.
Powell was a member of the Sigma Society. At a leadership conference, he met Edward R. Murrow, they became close friends. In 1936, he married Josephine Pierce Rucker with whom he had one son, she died in 1996. During World War II, he first tried to join the US Navy. After he was rejected because of poor eyesight, he joined the US Army Air Forces as an Intelligence officer. After receiving his commission as a First Lieutenant in 1942, he completed training at bases near Miami and Harrisburg, Pennsylvania, he was assigned to the 319th Bombardment Group, which moved to England that year. He served in North Africa during Operation Torch and was assigned to the Headquarters of the Northwest African Air Forces. There, Powell served in Sicily during the Allied invasion of Sicily. In August 1943, he was assigned to the Intelligence staff of the Army Air Forces in Washington, D. C. Slated for assignment as an instructor at the facility near Harrisburg, he worked instead on several special projects for the AAF headquarters until February 1944.
He was assigned to the Intelligence staff of the Department of War and the Intelligence staff of United States Strategic Air Forces in Europe. Powell was assigned to the Ultra project, as one of the officers designated to monitor the use of intercepted Axis communications, he worked in England and in the Mediterranean Theater and ensured that the use of Ultra information was in compliance with the laws and rules of war, that the use of such information did not reveal the source, which would have alerted that the code had been broken. He advanced through the ranks to Colonel, received the Legion of Merit, Bronze Star Medal, French Croix de Guerre with bronze palm, he was discharged in October 1945. In 1941, Powell served as Chairman of the American Bar Association's Young Lawyers Division. Powell was a partner for over a quarter of a century at Hunton, Gay and Gibson, a large Virginia law firm, with its primary office in Richmond. Powell practiced in the areas of corporate law and in railway litigation law.
He had been a board member of Philip Morris from 1964 until his court appointment in 1971 and had acted as a contact point for the tobacco industry with the Virginia Commonwealth University. Through his law firm, Powell represented the Tobacco Institute and various tobacco companies in numerous law cases. Powell served as Chair of the American Bar Association's Standing Committee on the Economics of Law Practice from 1961 to 1962, which evolved into the current ABA Law Practice Division. During his tenure as Chair of the Committee, The Lawyers Handbook was first published and distributed to all attorneys who joined the ABA that year. In its preface, Powell wrote, "The basic concept of freedom under law, which underlies our entire structure of government, can only be sustained by a strong and independent bar, it is plainly in the public interest that the economic health of the legal profession be safeguarded. One of the means toward this end is to improve the efficiency and productivity of lawyers."He was subsequently elected President of the ABA from 1964 to 1965.
Powell led the way in attempting to provide legal services to the poor, he made a key decision to cooperate with the federal government's Legal Services Program. Powell was involved in the development of Colonial Williamsburg, where he was bo
Potter Stewart was an Associate Justice of the United States Supreme Court, serving from 1958 to 1981. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, Fourth Amendment jurisprudence. After graduating from Yale Law School in 1941, Stewart served in World War II as a member of the United States Navy Reserve. After the war, he served on the Cincinnati city council. In 1954, President Dwight D. Eisenhower appointed Stewart to the United States Court of Appeals for the Sixth Circuit. In 1958, Eisenhower nominated Stewart to succeed retiring Associate Justice Harold Hitz Burton, Stewart won Senate confirmation the following year, he was in the minority during the Warren Court but emerged as a centrist swing vote on the Burger Court. Stewart was succeeded by Sandra Day O'Connor. Stewart wrote the majority opinion in notable cases such as Jones v. Alfred H. Mayer Co. Katz v. United States, Chimel v. California, Sierra Club v. Morton.
He wrote dissenting opinions in cases such as Engel v. Vitale, In re Gault and Griswold v. Connecticut, his concurring opinion in Jacobellis v. Ohio popularized the phrase "I know it when I see it." Stewart was born in Jackson, while his family was on vacation. He was the son of James Garfield Stewart, his father, a prominent Republican from Cincinnati, served as mayor of Cincinnati for nine years and was a justice of the Ohio Supreme Court. Stewart earned an academic scholarship to attend the prestigious Hotchkiss School, where he graduated in 1933, he went on to Yale University, where he was a member of Delta Kappa Epsilon and Skull and Bones graduating Phi Beta Kappa in 1937 with a Bachelor of Arts degree. He served as chairman of the Yale Daily News. After studying international law at the University of Cambridge in England for a year, Stewart enrolled at Yale Law School where he graduated cum laude in 1941 with a Bachelor of Laws. While at Yale Law School, he was a member of Phi Delta Phi.
Other members of that era included Gerald R. Ford, Peter H. Dominick, Walter Lord, William Scranton, R. Sargent Shriver, Cyrus R. Vance, Byron R. White; the last would become his colleague on the United States Supreme Court. Stewart served in World War II as a member of the U. S. Naval Reserve aboard oil tankers. In 1943, he married Mary Ann Bertles in a ceremony at Bruton Episcopal Church in Williamsburg, Virginia, they had a daughter and two sons, Potter, Jr. and David. He was in private practice with Shohl in Cincinnati. During the early 1950s, he was elected to the Cincinnati City Council. Stewart was nominated by President Dwight D. Eisenhower on April 6, 1954, to a seat on the United States Court of Appeals for the Sixth Circuit vacated by Judge Xenophon Hicks, he was confirmed by the United States Senate on April 23, 1954, received his commission on April 27, 1954. His service terminated on October 1958, due to his elevation to the Supreme Court. Stewart received a recess appointment from President Dwight D. Eisenhower on October 14, 1958, to a seat on the Supreme Court of the United States vacated by Associate Justice Harold Hitz Burton.
He was nominated to the same position by President Eisenhower on January 17, 1959. He was confirmed by the Senate by a vote of 70–17 on May 5, 1959, received his commission on May 7, 1959. All 17 nay votes came from Southern Democrats, he served as Circuit Justice for the Sixth Circuit from October 14, 1958 to July 3, 1981, as Circuit Justice for the Fifth Circuit from October 12, 1971 to January 6, 1972. He assumed retired status on July 3, 1981, serving in that status until his death on December 7, 1985. Stewart came to a Supreme Court controlled by two warring ideological camps and sat in its center. A case early in his Supreme Court career showing his role as the swing vote during that time is Irvin v. Dowd. Stewart was temperamentally inclined to moderate, pragmatic positions, but was in a dissenting posture during his time on the Warren Court. Stewart believed that the majority on the Warren Court had adopted readings of the First Amendment Establishment Clause, the Fifth Amendment privilege against self-incrimination, the Fourteenth Amendment guarantee of Equal Protection with regard to voting rights that went beyond the framers' intention.
In Engel, Stewart found no precedent to remove school sponsored prayer, in Abington, Stewart refused to strike down the practice of school sponsored Bible reading in public schools. Stewart dissented in Griswold v. Connecticut on the ground that, while the Connecticut statute barring the use of contraceptives seemed to him an "uncommonly silly law", he could not find a general "Right of Privacy" in the Fourteenth Amendment Due Process Clause. Before the appointment of Warren Burger as Chief Justice, many speculated that President Richard Nixon would elevate Stewart to the post, some going so far as to call him the front-runner. Stewart, though flattered by the suggestion, did not want again to appear before—and expose his family to—the Senate confirmation process. Nor did he relish the prospect of taking on the administrative responsibi
Willis Van Devanter
Willis Van Devanter was an American lawyer who served as an Associate Justice of the Supreme Court of the United States from 1911 to 1937. Born in Marion, Indiana to a family of Dutch Americans, he received a Bachelor of Laws from the Cincinnati Law School in 1881, he was the Knights of Pythias. After three years private practice in Marion, he moved to the Wyoming Territory where he served as city attorney of Cheyenne and a member of the territorial legislature. At the age of 30, he was appointed chief judge of the territorial court. After statehood, he served as Chief Justice of the Wyoming Supreme Court for four days, and resumed private practice for seven years, during which he worked for the Union Pacific and other railroads. In 1896 he represented the state of Wyoming before the U. S. Supreme Court in Ward v. Race Horse 163 U. S. 504. At issue was a state poaching charge for hunting out of season, its purported conflict with an Indian treaty that allowed the activity; the Native Americans won in the U.
S. Federal District Court. From 1897 to 1903 Van Devanter served in Washington, D. C. as an assistant attorney general, working in the Department of Interior. He was a professor at The George Washington University Law School from 1897 to 1903. On February 4, 1903, President Theodore Roosevelt nominated Van Devanter to a seat on the Eighth Circuit Court of Appeals created by 32 Stat. 791. He was confirmed by the United States Senate on February 18, 1903, received his commission the same day. In 1910, William Howard Taft elevated him to the Supreme Court. Taft nominated Van Devanter on December 12, 1910, to the Associate Justice seat vacated by Edward D. White. Three days Van Devanter was confirmed by the United States Senate on December 15, 1910, received his commission the following day. Van Devanter assumed senior status on June 2, 1937, one of the first Supreme Court Justices to do so. Although no longer on the Court at that point, he remained available to hear cases in the lower courts until his death and presided over civil trials.
On the court, he made his mark in opinions on public lands, Indian questions, water rights, admiralty and corporate law, but is best remembered for his opinions defending limited government in the 1920s and 1930s. He served for over twenty-five years, voted against the Agricultural Adjustment Administration, the National Recovery Administration, federal regulation of labor relations, the Railway Pension Act, unemployment insurance, the minimum wage. For his conservatism, he was known as one of the Four Horsemen, along with Pierce Butler, James Clark McReynolds, George Sutherland, he was anti-Semitic but less so than McReynolds, who refused to interact with or speak to eventual Jewish Supreme Court Justices Louis Brandeis and Felix Frankfurter. His opinion in United States v. Sandoval held that because the New Mexico Pueblos were "intellectually and morally inferior" and "easy victims to the evils and debasing influence of intoxicants" they were subject to restrictions on alcohol sales in Indian Country.
The decision has since been the basis for Pueblo protection of tribal lands. Van Devanter had chronic writer's block—even characterized as "pen paralysis"—and, as a result, he wrote fewer opinions than any of his brethren, averaging three a term during his last decade on the Court, he wrote on constitutional issues. However, he was respected as an expert on judicial procedure. In December 1921, Chief Justice Taft appointed him, along with Justices McReynolds and Sutherland, to draw up a proposal that would amend the nation's Judicial code and which would define further the jurisdiction of the nation's circuit courts. Known as "the Judges' Bill", it retained mandatory jurisdiction over cases that raised questions regarding federal jurisdiction, it called for the circuit courts of appeal to have appellate jurisdiction to review "by appeal or writ of error" final decisions in the district courts, as well as for the district courts for Alaska, Puerto Rico, the Virgin Islands and the Canal Zone. The circuit courts were empowered to modify, enforce or set aside orders of the Federal Communications Commission, the Interstate Commerce Commission, the Federal Reserve Board and the Federal Trade Commission.
The proposed bill further provided that'a final judgment or decree in any suit in the highest court of a state in which a decision in the suit could be had, "where is drawn in question the validity of a treaty or statute of the United States may be reviewed by the Supreme Court on a writ of error." Lastly, cases involving final decrees which brought into question the validity of a wide range of Federal or state treaties would come to the Court by certiorari. Four justices would be required to vote affirmatively to accept petitions, which meant that the Court's agenda would now by enrolled by "judicial review." The Chief Justice, together with the three Justices, made repeated trips to Congress, in 1925, after two years of debate, the new Code was passed. Van Devanter retired as a Supreme Court Justice on May 18, 1937, after Congress voted full pay for justices over seventy who retired, he acknowledged that he might have retired five years earlier due to illness, if not for his concern about New Deal legislation, a
Oliver Wendell Holmes Jr.
Oliver Wendell Holmes Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932, as Acting Chief Justice of the United States in January–February 1930. Noted for his long service and pithy opinions, deference to the decisions of elected legislatures, he is one of the most cited United States Supreme Court justices in history for his "clear and present danger" opinion for a unanimous Court in the 1919 case of Schenck v. United States, is one of the most influential American common law judges, honored during his lifetime in Great Britain as well as the United States. Holmes retired from the court at the age of 90, making him the oldest justice in the Supreme Court's history, he served as an Associate Justice and as Chief Justice of the Massachusetts Supreme Judicial Court, was Weld Professor of Law at his alma mater, Harvard Law School. Profoundly influenced by his experience fighting in the American Civil War, Holmes helped move American legal thinking towards legal realism, as summed up in his maxim: "The life of the law has not been logic.
Holmes espoused a form of moral skepticism and opposed the doctrine of natural law, marking a significant shift in American jurisprudence. In one of his most famous opinions, his dissent in Abrams v. United States, he regarded the United States Constitution as "an experiment, as all life is an experiment" and believed that as a consequence "we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death." During his tenure on the Supreme Court, to which he was appointed by President Theodore Roosevelt, he supported efforts for economic regulation and advocated broad freedom of speech under the First Amendment. These positions as well as his distinctive personality and writing style made him a popular figure with American progressives, his jurisprudence influenced much subsequent American legal thinking, including judicial consensus supporting New Deal regulatory law, influential schools of pragmatism, critical legal studies, law and economics.
He was one of only a handful of justices to be known as a scholar. Holmes was born in Boston, Massachusetts, to the prominent writer and physician Oliver Wendell Holmes Sr. and abolitionist Amelia Lee Jackson. Dr. Holmes was a leading figure in Boston intellectual and literary circles, Mrs. Holmes was connected to the leading families. Known as "Wendell" in his youth, Henry James Jr. and William James became lifelong friends. Holmes accordingly grew up in an atmosphere of intellectual achievement, early formed the ambition to be a man of letters like Emerson. While still in Harvard College he wrote essays on philosophic themes, asked Emerson to read his attack on Plato's idealist philosophy. Emerson famously replied, "If you strike at a king, you must kill him." He supported the Abolitionist movement. At Harvard, he was a member of the Porcellian Club. In the Pudding, he served as Poet, as his father did, he enlisted in the Massachusetts militia in the spring of 1861, when the president first called for volunteers following the firing on Fort Sumter, but returned to Harvard College to participate in commencement exercises.
In the summer of 1861 with his father's help he obtained a lieutenant's commission in the Twentieth Massachusetts Volunteer Infantry. Holmes's early life was described in detail by Mark DeWolfe Howe, Justice Oliver Wendell Holmes – The Shaping Years, 1841–1870. During his senior year of college, at the outset of the American Civil War, Holmes enlisted in the fourth battalion, Massachusetts militia received a commission as first lieutenant in the Twentieth Regiment of Massachusetts Volunteer Infantry, he saw much action, taking part in the Peninsula Campaign, the Battle of Fredricksburg and the Wilderness, suffering wounds at the Battle of Ball's Bluff and Chancellorsville, suffered from a near-fatal case of dysentery. He admired and was close to Henry Livermore Abbott, a fellow officer in the 20th Massachusetts. Holmes rose to the rank of lieutenant colonel, but eschewed promotion in his regiment and served on the staff of the VI Corps during the Wilderness Campaign. Abbott took command of the regiment in his place, was killed.
Holmes is said to have shouted to Abraham Lincoln to take cover during the Battle of Fort Stevens, although this is regarded as apocryphal. Holmes himself expressed uncertainty about who had warned Lincoln and other sources state he was not present on the day Lincoln visited Fort Stevens. Holmes received a brevet promotion to colonel in recognition of his services during the war, he retired to his home in Boston after his three-year enlistment ended in 1864, weary and ill, his regiment disbanded. In the summer of 1864, Holmes returned to the family home in Boston, wrote poetry, debated philosophy with his friend William James, pursuing his debate with philosophic idealism, considered reenlisting, but by the fall, when it became clear that the war would soon end, Holmes
Tom C. Clark
Thomas Campbell Clark was an American lawyer who served as the 59th United States Attorney General from 1945 to 1949. He was an Associate Justice of the Supreme Court of the United States from 1949 to 1967. Born in Dallas, Clark graduated from the University of Texas School of Law after serving in World War I, he practiced law in Dallas until 1937, when he accepted a position in the United States Department of Justice. After Harry S. Truman became President of the United States in 1945, he chose Clark as his Attorney General. In 1949, Truman nominated Clark to fill the Supreme Court vacancy caused by the death of Associate Justice Frank Murphy. Clark remained on the court until his retirement in 1967, was succeeded by Thurgood Marshall. Clark retired so that Ramsey Clark, could assume the position of Attorney General. Clark served on the Warren Court, he voted with the Court's majority in the several cases concerning racial segregation, including the landmark case of Brown v. Board of Education.
He wrote the majority opinion in landmark Mapp v. Ohio, which ruled that the Fourth Amendment prohibition against unreasonable searches and seizures applies to the states through the Fourteenth Amendment, he wrote the majority opinion in Heart of Atlanta Motel v. United States, which upheld the public accommodations provision of the Civil Rights Act of 1964, the majority opinions in Garner v. Board of Public Works, Joseph Burstyn, Inc. v. Wilson, Abington School District v. Schempp. Clark was born in Dallas, Texas, on September 23, 1899, the son of Virginia Maxey, William Henry Clark, his parents had moved from Mississippi to Texas. Young Tom attended the local public schools including Dallas High School and received honors for debate and oratory, as well as became an Eagle Scout, he attended the Virginia Military Institute for a year, but returned home for financial reasons. In 1918, Clark volunteered to serve in World War I with the U. S. Army, but his weight was too low. However, the Texas National Guard accepted him, he served as an infantryman and advanced to Sergeant.
After the war ended, Clark enrolled at the University of Texas at Austin, receiving a BA degree in 1921. He began legal studies and received a law degree from the University of Texas School of Law, he was a brother of Delta Tau Delta fraternity, served as their international president. Upon admission to the Texas bar, Clark set up a law practice in his home town from 1922 to 1937, he left private practice to serve Dallas as civil district attorney from 1927 to 1932. He resumed his private practice for four years. Clark, a Democrat, joined the Justice Department in 1937 as a special assistant to the U. S. attorney general, working in the war risk litigation section. He moved to the antitrust division run by legendary trust-buster Thurman Arnold, in 1940 was sent to head up the department's west coast antitrust office; when the Japanese attacked Pearl Harbor the following year, Clark was named by Attorney General Francis Biddle as the Civilian Coordinator of the Alien Enemy Control Program. In this capacity he worked with General John DeWitt, the head of West Coast military forces, as well as his future Supreme Court colleague Earl Warren, attorney general of California, other top federal and state officials in the lead up to the internment of Japanese Americans.
The initial actions involved enforcement of policies to exclude Japanese Americans from areas designated by the military as prohibited, followed by evacuation from "critical zones and areas," and by forcible relocation to inland camps. Clark was not directly involved with the relocation of Japanese Americans to internment camps, having been reassigned to Washington in May 1942, although he acknowledged that the government's relocation program was a mistake In 1943, Clark was promoted to Assistant Attorney General for Antitrust, subsequently became the head of the Justice Department's Criminal Division. Clark was appointed to head up a new War Frauds unit created to investigate and prosecute corruption by government contractors. During this period he worked with, befriended Harry Truman, whose Truman Committee was investigating war frauds. One prominent case Clark was involved with during this period included the successful prosecution of two German spies who came ashore from a German submarine in 1944 to the East Coast of the United States as part of Operation Magpie.
One, William Colepaugh, was an American citizen, while Erich Gimpel, was a native German. The prosecution took place before a military tribunal on Governor's Island in New York, only the third such military trial in the nation's history. One of President Truman's first changes in the cabinet that he inherited from Franklin Roosevelt was his appointment of Tom Clark as attorney general in 1945, a switch made in part because of the close personal and professional relationship shared by the two men. Media coverage of Clark's nomination was favorable, reflected the strength of Clark's legal and political skills; as a short article in Life Magazine stated, "He is a good prosecutor and good lawyer, but most of all he is a thorough politician.". As attorney general, Clark continued to focus a good deal of the department's energy on prosecuting war fraud crimes, as well as aggressively taking on potential antitrust violations. Clark and the White House challenged John Lewis, the head of the United Mine Workers union, threatening a national strike.
Acting on Truman's orders to enforce a law prohibiting strikes against government-run facilit