George W. Anderson (judge)
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George Weston Anderson (September 1, 1861 – February 14, 1938) was a
United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...
of the
United States Court of Appeals for the First Circuit The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Maine * District of Massachusetts * ...
.


Education and career

Born on September 1, 1861, on a farm in Acworth,
New Hampshire New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
, Anderson received an Artium Baccalaureus degree, cum laude, in 1886 from
Williams College Williams College is a Private college, private liberal arts colleges in the United States, liberal arts college in Williamstown, Massachusetts. It was established as a men's college in 1793 with funds from the estate of Ephraim Williams, a col ...
and a
Bachelor of Laws 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 ...
, magna cum laude, in 1890 from
Boston University School of Law Boston University School of Law (Boston Law or BU Law) is the law school of Boston University, a private research university in Boston, Massachusetts. It is consistently ranked among the top law schools in the United States and considered an eli ...
. He entered private practice in
Boston Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
,
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
from 1890 to 1914. He was an instructor at Boston University School of Law from 1891 to 1894. He was the
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 c ...
for the District of Massachusetts from 1914 to 1917. He was a member of the
Interstate Commerce Commission The Interstate Commerce Commission (ICC) was a regulatory agency in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads (and later trucking) to ensure fair rates, to eliminat ...
from 1917 to 1918.


Role in Brandeis confirmation

In 1916, he worked to win Senate approval of
Louis Brandeis Louis Dembitz Brandeis (; November 13, 1856 – October 5, 1941) was an American lawyer and associate justice on the Supreme Court of the United States from 1916 to 1939. Starting in 1890, he helped develop the "right to privacy" concept ...
when he was nominated to the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, serving as counsel to the subcommittee that considered the nomination and conducting some of the crucial cross examination of witnesses.


Constitutional convention delegate

In 1916, the
Massachusetts General Court The Massachusetts General Court (formally styled the General Court of Massachusetts) is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the earliest days of the Massachusetts Bay Colony, ...
and electorate approved a calling of a Constitutional Convention. Anderson was elected as a Delegate at Large to serve as a member of the Massachusetts Constitutional Convention of 1917.


Federal judicial service

Anderson was nominated by President
Woodrow Wilson Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was an American politician and academic who served as the 28th president of the United States from 1913 to 1921. A member of the Democratic Party, Wilson served as the president of ...
on October 1, 1918, to a seat on the
United States Court of Appeals for the First Circuit The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Maine * District of Massachusetts * ...
vacated by Judge Frederic Dodge. He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on October 24, 1918, and received his commission the same day. He assumed
senior status Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...
on September 30, 1931. His service terminated on February 14, 1938, due to his death.


Notable case

Anderson was noted for dissenting when the court upheld some of the convictions arising from the
Red Scare A Red Scare is the promotion of a widespread fear of a potential rise of communism, anarchism or other leftist ideologies by a society or state. The term is most often used to refer to two periods in the history of the United States which ar ...
of 1919 to 1920. In June 1920, he effectively prevented any further resumption of the
Palmer raids The Palmer Raids were a series of raids conducted in November 1919 and January 1920 by the United States Department of Justice under the administration of President Woodrow Wilson to capture and arrest suspected socialists, especially anarchists ...
of November 1919 and January 1920 when his decision in the case of ''Colyer v. Skeffington'' ordered the discharge of 17 arrested radicals. His opinion concluded that there was no evidence that the
Communist Party of the United States The Communist Party USA, officially the Communist Party of the United States of America (CPUSA), is a communist party in the United States which was established in 1919 after a split in the Socialist Party of America following the Russian Revo ...
had urged a violent overthrow of the
United States Government The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fede ...
and he strongly criticized 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 State ...
for using entrapment and for its failure to follow proper legal procedures. Of the deportation proceedings he wrote: "A more lawless proceeding it is hard for anyone to conceive.... I can hardly sit on the bench as an American citizen and restrain my indignation. I view with horror such proceedings as this." The ''Colyer'' case remained controversial. For example, during Senate hearings held to consider charges that Attorney General
A. Mitchell Palmer Alexander Mitchell Palmer (May 4, 1872 – May 11, 1936), was an American attorney and politician who served as the 50th United States attorney general from 1919 to 1921. He is best known for overseeing the Palmer Raids during the Red Scare ...
had ignored due process in arresting radicals in late 1919 and early 1920, a former Department of Justice official testified that Anderson had shown favoritism to witnesses on behalf of the defendant aliens in the ''Colyer'' deportation case.


Family

Anderson was married for eight years to Winnie E. Mitchell of Mason, New Hampshire, until her death. They had two sons and a daughter. In 1897 he married Addie Earle Kenerson of Boston, who survived him.Who's who in New England: A Biographical Dictionary of Leading Living Men ... edited by Albert Nelson Marquis The same year, he was elected a Fellow of the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (abbreviation: AAA&S) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, and ...
. He lived in the Wellesley Hills neighborhood of Wellesley, Massachusetts.


Retirement and death

Anderson took inactive senior status in 1932, meaning that while he remained a federal judge, he no longer heard cases or participated in the business of the court. He died at his winter home in DeLand,
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
, on February 14, 1938.


Further reading

* Alan Rogers "Judge George W. Anderson and Civil Rights in the 1920s," ''The Historian'', vol. 54 (2007), 289-304 * Google Books
"The 'Colyer Case'" in Brown, R.G., et al., ''To the American People: Report Upon the Illegal Practices of the United States Department of Justice''
42-56 (Washington, DC: National Popular Government League, 1920). Co-authors include
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 judicia ...
and
Roscoe Pound Nathan Roscoe Pound (October 27, 1870 – June 30, 1964) was an American legal scholar and educator. He served as Dean of the University of Nebraska College of Law from 1903 to 1911 and Dean of Harvard Law School from 1916 to 1936. He was a membe ...
. *
Institutional racism Institutional racism, also known as systemic racism, is a form of racism that is embedded in the laws and regulations of a society or an organization. It manifests as discrimination in areas such as criminal justice, employment, housing, health ...


References


Sources

* {{DEFAULTSORT:Anderson, George W. 1861 births 1938 deaths Judges of the United States Court of Appeals for the First Circuit Boston University School of Law alumni Boston School Committee members Williams College alumni United States Attorneys for the District of Massachusetts United States court of appeals judges appointed by Woodrow Wilson 20th-century American judges Fellows of the American Academy of Arts and Sciences People from Acworth, New Hampshire Members of the 1917 Massachusetts Constitutional Convention