William Francis Murphy (April 13, 1890July 19, 1949) was an American politician, lawyer and
jurist from
Michigan
Michigan () is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the List of U.S. states and ...
. He was a
Democrat
Democrat, Democrats, or Democratic may refer to:
Politics
*A proponent of democracy, or democratic government; a form of government involving rule by the people.
*A member of a Democratic Party:
**Democratic Party (United States) (D)
**Democratic ...
who was named to the
Supreme Court of the United States in 1940 after a political career that included serving as
United States Attorney General
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
,
Governor of Michigan, and
Mayor of Detroit
This is a list of mayors of Detroit, Michigan. See History of Detroit, Michigan, for more information about the history of the incorporation of the city.
The current mayor is Mike Duggan, who was sworn into office on January 1, 2014.
History ...
. He also served as the last
Governor-General of the Philippines
The Governor-General of the Philippines (Spanish: ''Gobernador y Capitán General de Filipinas''; Filipino: ''Gobernador-Heneral ng Pilipinas/Kapitan Heneral ng Pilipinas''; Japanese: ) was the title of the government executive during the colo ...
and the first
High Commissioner of the Philippines
The high commissioner to the Philippines was the personal representative of the president of the United States to the Commonwealth of the Philippines during the period 1935–1946. The office was created by the Tydings–McDuffie Act of 1 ...
.
Born in "
The Thumb
The Thumb is a region and a peninsula of the U.S. state of Michigan, so named because the Lower Peninsula is shaped like a mitten. The Thumb area is generally considered to be in the Central Michigan region, east of the Tri-Cities and north of M ...
" region of Michigan, Murphy graduated from the
University of Michigan Law School
The University of Michigan Law School (Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparative Law (MCL ...
in 1914. After serving in the
United States Army
The United States Army (USA) is the land warfare, land military branch, service branch of the United States Armed Forces. It is one of the eight Uniformed services of the United States, U.S. uniformed services, and is designated as the Army o ...
during
World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, he served as a federal attorney and trial judge. He served as Mayor of Detroit from 1930 to 1933 before accepting appointment as Governor-General of the Philippine Islands. He defeated incumbent
Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
Governor
Frank Fitzgerald
Frank Dwight Fitzgerald (January 27, 1885 – March 16, 1939) was an American politician. He was elected as the 34th and 36th Governor of Michigan and was the only Michigan governor to die in office.
Early life
Fitzgerald was born in Grand Le ...
in Michigan's 1936 gubernatorial election and served a single term as Governor of Michigan. Murphy lost re-election to Fitzgerald in 1938 and accepted appointment as the
United States Attorney General
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
the following year.
In 1940, President
Franklin D. Roosevelt
Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
appointed Murphy to the Supreme Court to fill a vacancy caused by the death of
Pierce Butler Pierce or Piers Butler may refer to:
*Piers Butler, 8th Earl of Ormond (c. 1467 – 26 August 1539), Anglo-Irish nobleman in the Peerage of Ireland
*Piers Butler, 3rd Viscount Galmoye (1652–1740), Anglo-Irish nobleman in the Peerage of Ireland
* P ...
. Murphy served on the Court from 1940 until his death in 1949, and was succeeded by
Tom C. Clark. Murphy wrote the Court's majority opinion in ''
SEC v. W. J. Howey Co.
''Securities and Exchange Commission v. W. J. Howey Co.'', 328 U.S. 293 (1946), was a case in which the Supreme Court of the United States held that the offer of a land sales and service contract was an "investment contract" within the meaning of ...
'', and wrote a dissenting opinion in ''
Korematsu v. United States''.
Early life
Murphy was born in
Harbor Beach (then called Sand Beach),
Michigan
Michigan () is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the List of U.S. states and ...
, in 1890.
Both his parents, John T. Murphy and Mary Brennan, were
Irish
Irish may refer to:
Common meanings
* Someone or something of, from, or related to:
** Ireland, an island situated off the north-western coast of continental Europe
***Éire, Irish language name for the isle
** Northern Ireland, a constituent unit ...
immigrants and raised him as a devout Catholic. He followed in his father's footsteps by becoming a lawyer. He attended the
University of Michigan Law School
The University of Michigan Law School (Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparative Law (MCL ...
, and graduated with a BA in 1912 and an
LLB
Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
in 1914. He was a member of the
Sigma Chi Fraternity
Sigma Chi () International Fraternity is one of the largest North American fraternal literary societies. The fraternity has 244 active (undergraduate) chapters and 152 alumni chapters across the United States and Canada and has initiated more tha ...
and the senior society
Michigamua
The Order of Angell, known for decades as Michigamua, was a senior honorary society recognizing student leaders and outstanding athletes at the University of Michigan. For most of its history, its practices reflected images of Native Americans d ...
.
Murphy was admitted to the
State Bar of Michigan in 1914, after which he
clerked with a Detroit law firm for three years. He then served with the
American Expeditionary Forces
The American Expeditionary Forces (A. E. F.) was a formation of the United States Army on the Western Front of World War I. The A. E. F. was established on July 5, 1917, in France under the command of General John J. Pershing. It fought along ...
in Europe during
World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
,
[ achieving the rank of captain with the occupation army in Germany before leaving the service in 1919. He remained abroad afterward to pursue graduate studies.][ He did his graduate work at Lincoln's Inn in London and Trinity College, Dublin, which was said to be formative for his judicial philosophy. He developed a need to decide cases based on his more holistic notions of justice, eschewing technical legal arguments. As one commentator quipped of his later Supreme Court service, he "tempered justice with Murphy."]
Career
1919–1922: U.S. Attorney, Eastern District of Michigan
Murphy was appointed, and took the oath of office as, first Assistant United States Attorney for the Eastern District of Michigan
The United States District Court for the Eastern District of Michigan (in case citations, E.D. Mich.) is the United States district court, federal district court with jurisdiction over of the eastern half of the Lower Peninsula of the State o ...
on August 9, 1919. He was one of three assistant attorneys in the office.
When Murphy began his career as a federal attorney, the workload of the attorney's office was increasing at a rapid rate, mainly because of the number of prosecutions resulting from the enforcement of national prohibition
In the United States from 1920 to 1933, a nationwide constitutional law prohibited the production, importation, transportation, and sale of alcoholic beverages. The alcohol industry was curtailed by a succession of state legislatures, and ...
. The government's excellent record in winning convictions in the Eastern District was partially due to Murphy's record of winning all but one of the cases he prosecuted. He practiced law privately to a limited extent while still a federal attorney, and resigned his position as a United States attorney
United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...
on March 1, 1922. He had several offers to join private practices, but decided to go it alone and formed a partnership with Edward G. Kemp in Detroit
Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at t ...
.
1923–1930: Recorder's Court
Murphy ran unsuccessfully as a Democrat
Democrat, Democrats, or Democratic may refer to:
Politics
*A proponent of democracy, or democratic government; a form of government involving rule by the people.
*A member of a Democratic Party:
**Democratic Party (United States) (D)
**Democratic ...
for the United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
in 1920, when national and state Republicans swept Michigan, but used his legal reputation and growing political connections to win a seat on the Recorder's Court
A recorder is a judicial officer in England and Wales and some other common law jurisdictions.
England and Wales
In the courts of England and Wales, the term ''recorder'' has two distinct meanings. The senior circuit judge of a borough or city i ...
, Detroit's criminal court. In 1923, he was elected judge of the Recorder's Court on a non-partisan ticket by one of the largest majorities ever cast for a judge in Detroit, took office on January 1, 1924, and served seven years during the Prohibition era
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic be ...
.
While on Recorder's Court, he established a reputation as a trial judge. He was a presiding judge in the famous murder trials of Dr. Ossian Sweet
Ossian Sweet ( /ˈɒʃən/ ''OSH-ən''; October 30, 1895 – March 20, 1960) was an African-American physician in Detroit, Michigan. He is known for being charged with murder in 1925 after he and his friends used armed self-defense against a h ...
and his brother, Henry Sweet, in 1925 and 1926. Clarence Darrow
Clarence Seward Darrow (; April 18, 1857 – March 13, 1938) was an American lawyer who became famous in the early 20th century for his involvement in the Leopold and Loeb murder trial and the Scopes "Monkey" Trial. He was a leading member of t ...
, then one of the most prominent trial lawyers
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, ...
in the country, was lead counsel for the defense. After an initial mistrial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
of all of the black
Black is a color which results from the absence or complete absorption of visible light. It is an achromatic color, without hue, like white and grey. It is often used symbolically or figuratively to represent darkness. Black and white ...
defendants, Henry Sweet—who admitted that he fired the weapon which killed a member of the mob surrounding Dr. Sweet's home and was retried separately—was acquitted
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...
by an all-white
White is the lightest color and is achromatic (having no hue). It is the color of objects such as snow, chalk, and milk, and is the opposite of black. White objects fully reflect and scatter all the visible wavelengths of light. White o ...
jury on grounds of the right of self-defense
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one' ...
. The prosecution then elected to not prosecute any of the remaining defendants. Murphy's rulings were material to the outcome of the case.
1930–1933: Mayor of Detroit
In 1930, Murphy ran as a Democrat
Democrat, Democrats, or Democratic may refer to:
Politics
*A proponent of democracy, or democratic government; a form of government involving rule by the people.
*A member of a Democratic Party:
**Democratic Party (United States) (D)
**Democratic ...
and was elected Mayor of Detroit
This is a list of mayors of Detroit, Michigan. See History of Detroit, Michigan, for more information about the history of the incorporation of the city.
The current mayor is Mike Duggan, who was sworn into office on January 1, 2014.
History ...
. He served from 1930 to 1933, during the first years of the Great Depression. He presided over an epidemic of urban unemployment, a crisis in which 100,000 were unemployed in the summer of 1931. He named an unemployment committee of private citizens from businesses, churches, and labor and social service organizations to identify all residents who were unemployed and not receiving welfare benefits
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...
. The Mayor's Unemployment Committee raised funds for its relief effort and worked to distribute food and clothing to the needy, and a Legal Aid Subcommittee volunteered to assist with the legal problems of needy clients. In 1933, Murphy convened in Detroit and organized the first convention of the United States Conference of Mayors
The United States Conference of Mayors (USCM) is the official non-partisan organization of cities with populations of 30,000 or more. The cities are each represented by their mayors or other chief elected officials. The organization was founded i ...
. They met and conferred with President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
* President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ...
Franklin D. Roosevelt
Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
, and Murphy was elected its first president. He served in that position from 1932 until 1933.
Murphy was an early and enthusiastic supporter of Roosevelt and the New Deal, helping Roosevelt to become the first Democratic presidential candidate to win the state of Michigan since Franklin Pierce in 1852 before the Republican Party was founded.
Melvin G. Holli rated Murphy an exemplary mayor and a highly effective leader.
1933–1935: Governor-General of the Philippine Islands
By 1933, after Murphy's second mayoral term, the reward of a big government job was waiting. Roosevelt appointed Murphy as Governor-General of the Philippine Islands
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
.
He was sympathetic to the plight of ordinary Filipinos, especially for the land-hungry and oppressed tenant farmer
A tenant farmer is a person (farmer or farmworker) who resides on land owned by a landlord. Tenant farming is an agricultural production system in which landowners contribute their land and often a measure of operating capital and management, ...
s, and emphasized the need for social justice.
1935–36: High Commissioner to the Philippines
When his position as Governor-General was abolished in 1935, he stayed on as United States High Commissioner until 1936. That year, he was a delegate from the Philippine Islands
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
to the Democratic National Convention.
High Commissioner to the Philippines was the title of the personal representative of the President of the United States to the Commonwealth of the Philippines during the period 1935–46. The office was created by the Tydings–McDuffie Act
The Tydings–McDuffie Act, officially the Philippine Independence Act (), is an Act of Congress that established the process for the Philippines, then an American territory, to become an independent country after a ten-year transition period. ...
of 1934, which provided for a period of transition from direct American rule to the complete independence of the islands on July 4, 1946.
1937–1939: Governor of Michigan
Murphy was elected the 35th Governor of Michigan on November 3, 1936, defeating Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
incumbent Frank Fitzgerald
Frank Dwight Fitzgerald (January 27, 1885 – March 16, 1939) was an American politician. He was elected as the 34th and 36th Governor of Michigan and was the only Michigan governor to die in office.
Early life
Fitzgerald was born in Grand Le ...
, and served one two-year term. During his two years in office, an unemployment compensation
Unemployment benefits, also called unemployment insurance, unemployment payment, unemployment compensation, or simply unemployment, are payments made by authorized bodies to unemployed people. In the United States, benefits are funded by a comp ...
system was instituted and mental health programs were improved.
The United Automobile Workers
The International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, better known as the United Auto Workers (UAW), is an American labor union that represents workers in the United States (including Puerto Rico) ...
engaged in an historic sit-down strike
A sit-down strike is a labour strike and a form of civil disobedience in which an organized group of workers, usually employed at factories or other centralized locations, take unauthorized or illegal possession of the workplace by "sitting do ...
at General Motors' Flint
Flint, occasionally flintstone, is a sedimentary cryptocrystalline form of the mineral quartz, categorized as the variety of chert that occurs in chalk or marly limestone. Flint was widely used historically to make stone tools and sta ...
plant. The Flint Sit-Down Strike was a turning point in national collective bargaining
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The ...
and labor policy. After 27 people were injured in a battle between the workers and the police, including 13 strikers with gunshot wounds, Murphy sent the National Guard
National Guard is the name used by a wide variety of current and historical uniformed organizations in different countries. The original National Guard was formed during the French Revolution around a cadre of defectors from the French Guards.
Nat ...
to protect the workers, failed to follow a court order that requested him to expel the strikers, and refused to order the Guard's troops to suppress the strike.
He successfully mediated an agreement and end to the confrontation, and G.M. recognized the U.A.W. as bargaining agent under the newly adopted National Labor Relations Act. This recognition had a significant effect on the growth of organized labor unions. In the next year, the UAW saw its membership grow from 30,000 to 500,000 members. As later noted by the British Broadcasting Corporation (BBC), this strike was "the strike heard round the world."
In 1938 Murphy was defeated by his predecessor, Fitzgerald, who became the only governor of Michigan to precede, and then succeed, the same person.
1939–40: Attorney General of the United States
In 1939, Roosevelt appointed Murphy the 56th Attorney General of the United States. He established a Civil Liberties Unit in the Criminal Division of the United States Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...
, designed to centralize enforcement responsibility for the Bill of Rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...
and civil rights statutes.
1940–1949: Supreme Court and military service
One year after becoming Attorney General, on January 4, 1940, Murphy was nominated by President Roosevelt as Associate Justice
Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some sta ...
of the Supreme Court, filling the vacancy caused by the death of Pierce Butler Pierce or Piers Butler may refer to:
*Piers Butler, 8th Earl of Ormond (c. 1467 – 26 August 1539), Anglo-Irish nobleman in the Peerage of Ireland
*Piers Butler, 3rd Viscount Galmoye (1652–1740), Anglo-Irish nobleman in the Peerage of Ireland
* P ...
the previous November. He was confirmed by the United States Senate on January 16, and sworn in on February 5, 1940.[ The timing of the appointment put Murphy on the cusp of the ]Charles Evans Hughes
Charles Evans Hughes Sr. (April 11, 1862 – August 27, 1948) was an American statesman, politician and jurist who served as the 11th Chief Justice of the United States from 1930 to 1941. A member of the Republican Party, he previously was the ...
and the Harlan Fiske Stone
Harlan is a given name and a surname which may refer to:
Surname
* Bob Harlan (born 1936 Robert E. Harlan), American football executive
*Bruce Harlan (1926–1959), American Olympic diver
*Byron B. Harlan (1886–1949), American politician
* Byron ...
courts. On the death of Chief Justice Stone, Murphy served in the court led by Frederick Moore Vinson, who was confirmed in 1946. During World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
he served in the Army Reserve
A military reserve force is a military organization whose members have military and civilian occupations. They are not normally kept under arms, and their main role is to be available when their military requires additional manpower. Reserve ...
during three months of 1942 while the court was in recess.[The Supreme Court Compendium - Two Centuries of Data, Decisions, and Developments](_blank)
/ref>[The Michigan Alumnus, Volumes 89-90 (1982)](_blank)
/ref> He served as the executive officer to the Chief of Staff of the United States Army
The chief of staff of the Army (CSA) is a statutory position in the United States Army held by a general officer. As the highest-ranking officer assigned to serve in the Department of the Army, the chief is the principal military advisor and ...
George C. Marshall
George Catlett Marshall Jr. (December 31, 1880 – October 16, 1959) was an American army officer and statesman. He rose through the United States Army to become Chief of Staff of the US Army under Presidents Franklin D. Roosevelt and Harry ...
. He retired with the rank of Lieutenant Colonel.
Murphy took an expansive view of individual liberties, and the limitations on government he found in the Bill of Rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...
. He authored 199 opinions: 131 for the majority, 68 in dissent. One of the important opinions authored by Justice Murphy was '' Securities and Exchange Commission v. W. J. Howey Co.'' (1946), in which the Court defined the term "investment contract" under the Securities Act of 1933, thus giving content to the most important concept of what makes something a security in American law.
Opinions differ about him and his jurisprudential philosophy. He has been acclaimed as a legal scholar and a champion of the common man, but Justice Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judic ...
disparagingly nicknamed Murphy "the Saint", criticizing his decisions as being rooted more in passion than reason. It has been said he was "neither legal scholar nor craftsman", and he was criticized "for relying on heart over head, results over legal reasoning, clerks over hard work, and emotional solos over team play."
Murphy's support of African Americans, aliens, criminals, dissenters, Jehovah's Witnesses, Native Americans, women, workers and other "outsiders" evoked a pun: "tempering justice with Murphy." As he wrote in '' Falbo v. United States'' (1944), "The law knows no finer hour than when it cuts through formal concepts and transitory emotions to protect unpopular citizens against discrimination and persecution." (p. 561)
According to Frankfurter, Murphy was part of the more liberal "axis" of justices on the Court along with justices Wiley B. Rutledge, William O. Douglas
William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist who served as an associate justice of the Supreme Court of the United States, who was known for his strong progressive and civil libertarian views, and is often ci ...
and Hugo L. Black; the group would for years oppose Frankfurter's "judicially restrained" conservative ideology. Douglas, Murphy and then Rutledge were the first justices to agree with Black's notion that the Fourteenth Amendment incorporated the Bill of Rights' protection in it; this view would later become law.
Murphy is perhaps best known for his vehement dissent from the court's ruling in '' Korematsu v. United States'' (1944), which upheld the constitutionality of the government's internment of Japanese-Americans during World War II. He sharply criticized the majority ruling as "legalization of racism."
This was the first time the word "racism" found its way into a Supreme Court opinion (Murphy had previously used the term twice in a concurring opinion in '' Steele v. Louisville & Nashville Railway Co.'' (1944) issued that same day). He would use that word again in five separate opinions before the word "racism" disappeared from Murphy's and the High Court's other opinions for almost two decades, not reappearing until the landmark decision of '' Loving v. Virginia'' (1967), which struck down as unconstitutional the Virginia anti-miscegenation
Anti-miscegenation laws or miscegenation laws are laws that enforce racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races. Anti-misc ...
statute. (See also Jim Crow laws
The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the Sout ...
.)
Although Murphy was serving on the Supreme Court during World War II, he still longed to be part of the war effort; and so during Court recesses he served at Fort Benning, Georgia
Fort Benning is a United States Army post near Columbus, Georgia, adjacent to the Alabama–Georgia border. Fort Benning supports more than 120,000 active-duty military, family members, reserve component soldiers, retirees and civilian employees ...
as an infantry officer.
On January 30, 1944, almost exactly one year before Soviet
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nation ...
liberation of the Auschwitz death camp on January 27, 1945, Justice Murphy unveiled the formation of the National Committee Against Nazi Persecution and Extermination of the Jews. Serving as committee chair, he declared that it was created to combat Nazi propaganda
The propaganda used by the German Nazi Party in the years leading up to and during Adolf Hitler's dictatorship of Germany from 1933 to 1945 was a crucial instrument for acquiring and maintaining power, and for the implementation of Nazi polici ...
"breeding the germs of hatred against Jews." This announcement was made on the 11th anniversary of Adolf Hitler
Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the le ...
's appointment as Chancellor of Germany. The eleven committee members included U.S. Vice President Henry Wallace, 1940 Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
presidential candidate Wendell Willkie
Wendell Lewis Willkie (born Lewis Wendell Willkie; February 18, 1892 – October 8, 1944) was an American lawyer, corporate executive and the 1940 Republican nominee for President. Willkie appealed to many convention delegates as the Republican ...
and Henry St. George Tucker, Presiding Bishop of the Protestant Episcopal Church.
Murphy was among 12 nominated at the 1944 Democratic National Convention
The 1944 Democratic National Convention was held at the Chicago Stadium in Chicago, Illinois from July 19 to July 21, 1944. The convention resulted in the nomination of President Franklin D. Roosevelt for an unprecedented fourth term. Senator ...
to serve as Roosevelt's running mate in the presidential election that year. He acted as chairman of the National Committee against Nazi
Nazism ( ; german: Nazismus), the common name in English for National Socialism (german: Nationalsozialismus, ), is the far-right totalitarian political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in ...
Persecution and Extermination of the Jews and of the Philippine War Relief Committee. The first committee was established in early 1944 to promote rescue of European Jews, and to combat antisemitism
Antisemitism (also spelled anti-semitism or anti-Semitism) is hostility to, prejudice towards, or discrimination against Jews. A person who holds such positions is called an antisemite. Antisemitism is considered to be a form of racism.
Antis ...
in the United States.
Death and memory
Murphy died in his sleep at Henry Ford Hospital
Henry Ford Hospital (HFH) is an 877-bed tertiary care hospital, education and research complex at the western edge of the New Center area in Detroit, Michigan. The flagship facility for the Henry Ford Health System, it was one of the first hos ...
in Detroit on July 19, 1949, of a coronary thrombosis
Coronary thrombosis is defined as the formation of a blood clot inside a blood vessel of the heart. This blood clot may then restrict blood flow within the heart, leading to heart tissue damage, or a myocardial infarction, also known as a heart at ...
at the age of 59. Over 10,000 people attended his funeral in Detroit. He is buried in Our Lady of Lake Huron Catholic Cemetery in Sand Beach Township, Michigan
Sand Beach Township is a civil township of Huron County in the U.S. state of Michigan. The population was 1,470 at the 2000 census.
The city of Harbor Beach is mostly surrounded by the township but is administered autonomously.
Communities ...
, near Harbor Beach.
The Frank Murphy Hall of Justice
Detroit's Frank Murphy Hall of Justice houses the Criminal Division of the Third Judicial Circuit of Michigan, also known as Wayne County Circuit Court, the Wayne County Prosecutor's Office and formerly housed Detroit Recorder's Court. Locate ...
was home to Detroit's Recorder's Court
A recorder is a judicial officer in England and Wales and some other common law jurisdictions.
England and Wales
In the courts of England and Wales, the term ''recorder'' has two distinct meanings. The senior circuit judge of a borough or city i ...
and now houses part of Michigan's Third Judicial Circuit Court. There is a plaque in his honor on the first floor, which is recognized as a Michigan Legal Milestone.
Outside the Hall of Justice is Carl Milles
Carl Milles (; 23 June 1875 – 19 September 1955) was a Swedish sculptor. He was married to artist Olga Milles (née Granner) and brother to Ruth Milles and half-brother to the architect Evert Milles. Carl Milles sculpted the Gustaf Vasa sta ...
's statue "The Hand of God
"The hand of God" ( es, La mano de Dios) was a handling goal scored by Argentine footballer Diego Maradona during the Argentina v England quarter finals match of the 1986 FIFA World Cup. The goal was illegal under association football rules be ...
". This rendition was cast in honor of Murphy and financed by the United Automobile Workers
The International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, better known as the United Auto Workers (UAW), is an American labor union that represents workers in the United States (including Puerto Rico) ...
. It features a nude figure emerging from the left hand of God. Although commissioned in 1949 and completed by 1953, the work, partly because of the male nudity involved, was kept in storage for a decade and a half. The work was chosen in tribute to Murphy by Walter P. Reuther and Ira W. Jayne
Ira Waite Jayne (1882-1961) was elected to the Wayne County, Michigan Circuit Court bench in 1915 and served as Chief Judge for 27 years of his 37 years working for the court. He graduated from the University of Michigan in 1905 and from the D ...
. It was placed on a pedestal in 1970 with the help of sculptor Marshall Fredericks, who was a Milles student.
Murphy is also honored with a museum in his home town, Harbor Beach, Michigan. Housed at his former residence, it contains numerous personal artifacts from his life and career, most notably from the Philippines. The Murphy Museum is open during the summer months, by appointment.
Murphy's personal and official files are archived at the Bentley Historical Library
The Bentley Historical Library is the campus archive for the University of Michigan and is located on the University of Michigan's North Campus in Ann Arbor. It was established in 1935 by the regents of the University of Michigan. Its mission i ...
of the University of Michigan
, mottoeng = "Arts, Knowledge, Truth"
, former_names = Catholepistemiad, or University of Michigania (1817–1821)
, budget = $10.3 billion (2021)
, endowment = $17 billion (2021)As o ...
in Ann Arbor and are open for research. This also includes an oral history project about Murphy. His correspondence and other official documents are deposited in libraries around the country.
In memory of Murphy, one of three University of Michigan Law School
The University of Michigan Law School (Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparative Law (MCL ...
alumni
Alumni (singular: alumnus (masculine) or alumna (feminine)) are former students of a school, college, or university who have either attended or graduated in some fashion from the institution. The feminine plural alumnae is sometimes used for grou ...
to become a U.S. Supreme Court justice, Washington, D.C.-based attorney John H. Pickering
John Harold Pickering (February 27, 1916 – March 19, 2005) was a founding partner of Wilmer, Cutler & Pickering, which became one of Washington, D.C.'s most prominent law firms. He was best known for his role as an appellate lawyer in cases ...
, who was a law clerk for Murphy, donated a large sum of money to the law school as a remembrance, establishing the Frank Murphy Seminar Room.[
Murphy was awarded an Honorary ]Doctorate of Law
A Doctor of Law is a degree in law. The application of the term varies from country to country and includes degrees such as the Doctor of Juridical Science (J.S.D. or S.J.D), Juris Doctor (J.D.), Doctor of Philosophy (Ph.D.), and Legum Doctor (LL ...
degree by the University of Michigan in 1939.
The University of Detroit has a Frank Murphy Honor Society.
''The Sweet Trials: Malice Aforethought'' is a play written by Arthur Beer, based on the trials of Ossian and Henry Sweet, and derived from Kevin Boyle's '' Arc of Justice''.
The Detroit Public Schools
Detroit Public Schools Community District (DPSCD) is a school district that covers all of the city of Detroit, Michigan, United States and high school students in the insular city of Highland Park. The district, which replaced the original Detr ...
named Frank Murphy Elementary in his honor.
Personal life
Justice Murphy was the subject of " mors of homosexuality ..all his adult life". According to ''Courting Justice: Gay Men and Lesbians v. The Supreme Court'':
gay reading of iographies of Murphysuggests that Murphy's homosexuality was hiding in plain sight. For more than 40 years, Edward G. Kemp was Frank Murphy's devoted, trusted companion. Like Murphy, Kemp was a lifelong bachelor. From college until Murphy's death, the pair found creative ways to work and live together. ..When Murphy appeared to have the better future in politics, Kemp stepped into a supportive, secondary role, much as Hillary Clinton would later do for Bill Clinton.
As well as Murphy's close relationship with Kemp, Murphy's biographer, historian Sidney Fine, found in Murphy's personal papers a letter that "if the words mean what they say, refers to a homosexual encounter some years earlier between Murphy and the writer." The writer of the letter implied that he and Murphy had become lovers while Murphy was governor-general and congratulated Murphy on his appointment to the Supreme Court.
Murphy did have at least two female companions of note. Ann Parker was frequently seen horseback riding with Murphy in Washington during his tenure as U.S. attorney general, leading to speculation of a romance in the press. At the time of his death, Murphy was engaged to Joan Cuddihy; the wedding was scheduled for the following month.
See also
* Demographics of the Supreme Court of the United States
* Ford Hunger March
The Ford Hunger March, sometimes called the Ford Massacre, was a demonstration on March 7, 1932 in the United States by unemployed auto workers in Detroit, Michigan, which took place during the height of the Great Depression. The march started in ...
* List of justices of the Supreme Court of the United States
The Supreme Court of the United States is the highest-ranking judicial body in the United States. Its membership, as set by the Judiciary Act of 1869, consists of the chief justice of the United States and eight associate justices, any six of ...
* List of United States Supreme Court justices by time in office
A total of 116 people have served on the Supreme Court of the United States, the highest judicial body in the United States, since it was established in 1789. Supreme Court justices have life tenure, and so they serve until they die, resign, reti ...
* List of University of Michigan law and government alumni
:''The parent article is at List of University of Michigan alumni''
This is a partial list of notable alumni in law, government and public policy from the University of Michigan. Please refer also to the below list:
Legislators
*Estefania Al ...
* United States Supreme Court cases during the Hughes Court
* United States Supreme Court cases during the Stone Court
* United States Supreme Court cases during the Vinson Court
Bibliography
General
*
* [This and a number of other books on Murphy by Fine are part of a list of 50 "essential" Michigan history books selected by noted historians. ]
*
* Howard, J. Woodford, ''Mr. Justice Murphy: A Political Biography'' (Princeton, N.J.: Princeton University Press, 1968).
Footnotes
Notes
Further reading
*
Frank Murphy
American National Biography
The ''American National Biography'' (ANB) is a 24-volume biographical encyclopedia set that contains about 17,400 entries and 20 million words, first published in 1999 by Oxford University Press under the auspices of the American Council of Le ...
.
* Ariens, Michael
''Supreme Court Justices, Frank Murphy (1890–1949)''.
* Arnold, Thurman Wesley. "Mr. Justice Murphy." 63 '' Harvard Law Review'' 289 (1949).
* Bak, Richard
"(Frank) Murphy's Law", ''Hour Detroit'', September 2008.
* Baulch, Vivian M. and Zacharias, Patricia
Rearview Mirror, "The Historic 1936–37 Flint Auto Plant Strike"
''The Detroit News
''The Detroit News'' is one of the two major newspapers in the U.S. city of Detroit, Michigan. The paper began in 1873, when it rented space in the rival ''Detroit Free Press'' building. ''The News'' absorbed the ''Detroit Tribune'' on Februar ...
''.
* Barnet, Vincent M., Jr. "Mr. Justice Murphy, Civil Liberties and the Holmes' Tradition." 32 Cornell Law Quarterly
The ''Cornell Law Review'' is the flagship legal journal of Cornell Law School. Originally published in 1915 as the ''Cornell Law Quarterly'', the journal features scholarship in all fields of law. Notably, past issues of the ''Cornell Law Rev ...
177 (1946).
Bibliography and Biography, William Francis "Frank" Murphy, 6th Circuit
United States Court of Appeals
United may refer to:
Places
* United, Pennsylvania, an unincorporated community
* United, West Virginia, an unincorporated community
Arts and entertainment Films
* ''United'' (2003 film), a Norwegian film
* ''United'' (2011 film), a BBC Two f ...
.
* ''Biographical Dictionary of the Federal Judiciary.'' Detroit: Gale Research, 1976.
* Black, Hugo L., "Mr. Justice Murphy." 48 ''Michigan Law Review
The ''Michigan Law Review'' is an American law review and the flagship law journal of the University of Michigan Law School.
History
The ''Michigan Law Review'' was established in 1902, after Gustavus Ohlinger, a student in the Law Department ...
'' 739 (1950).
*
* "Frank Murphy, Dictionary of American Biography
The ''Dictionary of American Biography'' was published in New York City by Charles Scribner's Sons under the auspices of the American Council of Learned Societies (ACLS).
History
The dictionary was first proposed to the Council in 1920 by hi ...
.
* Fine, Sidney
''Frank Murphy, Michigan's 35th Governor'', Archives of Michigan.
* Fine, Sidney, ''Frank Murphy in World War I'' (Ann Arbor: Michigan Historical Collections, 1968), photos, 44 pp.
*
*
*
*
* Friend, Theodore, ''Between Two Empires: The Ordeal of the Philippines, 1929–1946'' (1965).
* Hall, Kermit L. (2005) "Murphy, Frank." ''The Oxford Companion to the Supreme Court of the United States''. Oxford Oxfordshire: Oxford University Press 1150 pp. ; .
*
* Howard, J. Woodford, Jr.
''Mr. Justice Murphy: A Political Biography''
(Princeton, New Jersey: Princeton University Press
Princeton University Press is an independent publisher with close connections to Princeton University. Its mission is to disseminate scholarship within academia and society at large.
The press was founded by Whitney Darrow, with the financia ...
: 1968).
* Lopez, Ian F. Haney
"A nation of minorities: race, ethnicity, and reactionary colorblindness"
, ''Stanford Law Review
The ''Stanford Law Review'' (SLR) is a legal journal produced independently by Stanford Law School students. The journal was established in 1948 with future U.S. Secretary of State Warren Christopher as its first president. The review produces s ...
'', February 1, 2007.
* Lunt, Richard D., ''The High Ministry of Government: The Political Career of Frank Murphy'' (Detroit: Wayne State University
Wayne State University (WSU) is a public research university in Detroit, Michigan. It is Michigan's third-largest university. Founded in 1868, Wayne State consists of 13 schools and colleges offering approximately 350 programs to nearly 25,000 ...
Press, 1965) (PhD diss. University of New Mexico).
* Marshall, Thurgood. "Mr. Justice Murphy and Civil Rights
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life o ...
." 48 Michigan Law Review
The ''Michigan Law Review'' is an American law review and the flagship law journal of the University of Michigan Law School.
History
The ''Michigan Law Review'' was established in 1902, after Gustavus Ohlinger, a student in the Law Department ...
745 (1950).
*
* Maveal, Gary
"Michigan Lawyers in History – Justice Frank Murphy, Michigan's Leading Citizen"
79 ''Michigan Bar Journal'' 368 (March 2000).
* Nawrocki, Dennis Alan, ''Art in Detroit Public Places'' (Detroit: Wayne State University Press
Wayne State University Press (or WSU Press) is a university press that is part of Wayne State University. It publishes under its own name and also the imprints
Imprint or imprinting may refer to:
Entertainment
* ''Imprint'' (TV series), ...
, 1980), p. 63, biographical material on Frank Murphy.
* Norris, Harold, ''Mr. Justice Murphy and the Bill of Rights'' (Dobbs Ferry, New York: Oceana Publications, Inc., 1965).
* Ossian Sweet Murder Trial Scrapbook, 1925. Scrapbook and photocopy of the November 1925 murder trial of Ossian Sweet. Clarke Historical Library, Central Michigan University.
* Roche, John P. "Mr. Justice Murphy", ''Mr. Justice'', Dunham, Allison and Kurland, Philip B., eds, 281–317 (Chicago: University of Chicago Press, 1956, rev. edn 1964).
* St. Antoine, Theodore J.
"Justice Frank Murphy and American labor law"
''Michigan Law Review
The ''Michigan Law Review'' is an American law review and the flagship law journal of the University of Michigan Law School.
History
The ''Michigan Law Review'' was established in 1902, after Gustavus Ohlinger, a student in the Law Department ...
'' (100 MLR 1900, June 1, 2002).
* Toms, Robert, Speech on the Sweet murder trials upon retirement of the prosecuting attorney in 1960, Clarke Historical Library, Central Michigan University.
*
*
*
* .
*
* .
External links
*
Gubernatorial photographic portrait of Frank Murphy, Michigan archives.
* National Governors Association
The National Governors Association (NGA) is an American political organization founded in 1908. The association's members are the governors of the 55 states, territories and commonwealths. Members come to the association from across the politica ...
Frank Murphy Biography.
Photograph, Franklin Roosevelt, Eleanor Roosevelt and Frank Murphy, Virtual Detroit
''The Detroit News
''The Detroit News'' is one of the two major newspapers in the U.S. city of Detroit, Michigan. The paper began in 1873, when it rented space in the rival ''Detroit Free Press'' building. ''The News'' absorbed the ''Detroit Tribune'' on Februar ...
''.
The Sweet Trials
University of Detroit Mercy
The University of Detroit Mercy is a private Roman Catholic university in Detroit, Michigan. It is sponsored by both the Society of Jesus (Jesuits) and the Sisters of Mercy. The university was founded in 1877 and is the largest Catholic univers ...
.
The Sweet Trials home page, Famous American Trials
University of Missouri
The University of Missouri (Mizzou, MU, or Missouri) is a public land-grant research university in Columbia, Missouri. It is Missouri's largest university and the flagship of the four-campus University of Missouri System. MU was founded in ...
, Kansas City.
* ''Time
Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, ...
'' magazin
cover, Frank Murphy, August 28, 1939.
*
* United States Conference of Mayors
The United States Conference of Mayors (USCM) is the official non-partisan organization of cities with populations of 30,000 or more. The cities are each represented by their mayors or other chief elected officials. The organization was founded i ...
br>on Frank Murphy
* United States Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...
Biographies of U.S. Attorneys General, Frank Murphy.
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{{DEFAULTSORT:Murphy, Frank
1890 births
1949 deaths
20th-century American judges
20th-century American politicians
Alumni of Trinity College Dublin
American expatriates in the Philippines
American legal scholars
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American people of Irish descent
Assistant United States Attorneys
Burials in Michigan
Catholics from Michigan
Deaths from coronary thrombosis
Democratic Party governors of Michigan
Franklin D. Roosevelt administration cabinet members
Governors-General of the Philippine Islands
High Commissioners to the Philippines
Legal history of Michigan
Mayors of Detroit
Michigan lawyers
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Military personnel from Michigan
People from Harbor Beach, Michigan
Presidents of the United States Conference of Mayors
United States Army officers
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