Howard Ellis
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Howard Ellis (1892–1968) was a prominent
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
lawyer 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, solic ...
and one of the name partners of Kirkland & Ellis.


Biography

Howard Ellis was born in Washington Court House, Ohio on January 15, 1892. He was educated at the
University of Chicago The University of Chicago (UChicago, Chicago, U of C, or UChi) is a private research university in Chicago, Illinois. Its main campus is located in Chicago's Hyde Park neighborhood. The University of Chicago is consistently ranked among the b ...
, receiving an LL.B. in 1914 and an LL.D. in 1915. He was admitted to the bar in 1915. After law school, Ellis was hired by Weymouth Kirkland and, with Kirkland, joined the
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
law firm A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to r ...
of McCormick, Kirkland, Patterson & Fleming, the predecessor firm of Kirkland & Ellis. Eager to participate in
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 ...
, in 1918, Ellis volunteered to serve in the
United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
but was rejected for physical deficiencies. He therefore went to
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
in April 1918 and served in the
French Foreign Legion The French Foreign Legion (french: Légion étrangère) is a corps of the French Army which comprises several specialties: infantry, Armoured Cavalry Arm, cavalry, Military engineering, engineers, Airborne forces, airborne troops. It was created ...
for the remainder of the war. After the war, Ellis returned to McCormick, Kirkland, Patterson & Fleming. There, Ellis became a close associate of Weymouth Kirkland and participated in some of Kirkland's most famous cases. In 1919, Kirkland and Ellis defended Robert R. McCormick and the ''
Chicago Tribune The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television ar ...
'' in a
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
suit brought by
Henry Ford Henry Ford (July 30, 1863 – April 7, 1947) was an American industrialist, business magnate, founder of the Ford Motor Company, and chief developer of the assembly line technique of mass production. By creating the first automobile that mi ...
. The ''Tribune'' had run an editorial in which it called Ford an
anarchist Anarchism is a political philosophy and movement that is skeptical of all justifications for authority and seeks to abolish the institutions it claims maintain unnecessary coercion and hierarchy, typically including, though not neces ...
for saying that any of his workers who volunteered to serve in the National Guard of the United States (which was then mobilized on the U.S. -
Mexico Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
border to prevent the
Mexican Revolution The Mexican Revolution ( es, Revolución Mexicana) was an extended sequence of armed regional conflicts in Mexico from approximately 1910 to 1920. It has been called "the defining event of modern Mexican history". It resulted in the destruction ...
from spilling into the United States) would be fired. At the three-month trial, Kirkland and Ellis argued that the ''Tribunes editorializing was
fair comment Fair comment is a legal term for a common law defense in defamation cases (libel or slander). It is referred to as honest comment in some countries. United States In the United States, the traditional privilege of "fair comment" is seen as a prot ...
. Ford ultimately prevailed in the case, but the
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
awarded Ford only six cents in damages and six cents for costs. McCormick and the ''Tribune'' refused to pay the twelve cents, and Ford ultimately collected nothing. Kirkland and Ellis again represented the ''Tribune'' when
Mayor of Chicago The mayor of Chicago is the chief executive of city government in Chicago, Illinois, the third-largest city in the United States. The mayor is responsible for the administration and management of various city departments, submits proposals and r ...
William Hale Thompson William Hale Thompson (May 14, 1869 – March 19, 1944) was an American politician who served as mayor of Chicago from 1915 to 1923 and again from 1927 to 1931. Known as "Big Bill", Reynolds, Paul (November 29, 2009)"US-UK 'Special Relationshi ...
brought a series of libel actions against the ''Tribune''. Kirkland and Ellis would win a major battle for freedom of the press in the
Supreme Court of the United States 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 ...
with ''
Near v. Minnesota ''Near v. Minnesota'', 283 U.S. 697 (1931), was a List of landmark court decisions in the United States, landmark decision of the US Supreme Court under which prior restraint on publication was found to violate Freedom of the press in the United S ...
'', 283 U.S. 697 (1931). In that case, a Minnesota trial judge had declared a small Minnesota newspaper to be a public nuisance and permanently enjoined the newspaper from publishing because it had adversely criticized certain local politicians in violation of an injunction. When McCormick, who was then Chairman of the American Newspaper Publishers Association's Committee on Free Speech, found out about the case, he persuaded the American Newspaper Publishers Association to intervene in the case, with Kirkland serving as their lawyer. Kirkland lost the case in the Minnesota Supreme Court but later convinced the
Supreme Court of the United States 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 ...
to declare that
censorship Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
was unconstitutional. Ellis later represented the ''Tribune'' when
antitrust Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
charges were brought against the
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. Ellis ultimately argued this case successfully in the U.S. Supreme Court. During the largest antitrust case in history at the time - that involving
DuPont DuPont de Nemours, Inc., commonly shortened to DuPont, is an American multinational chemical company first formed in 1802 by French-American chemist and industrialist Éleuthère Irénée du Pont de Nemours. The company played a major role in ...
- Ellis represented the
Du Pont family The du Pont family () or Du Pont family is a prominent American family descended from Pierre Samuel du Pont de Nemours (1739–1817). It has been one of the richest families in the United States since the mid-19th century, when it founded its fo ...
. (The government was attempting to force the Du Ponts to dispose of their stock holdings in
General Motors The General Motors Company (GM) is an American Multinational corporation, multinational Automotive industry, automotive manufacturing company headquartered in Detroit, Michigan, United States. It is the largest automaker in the United States and ...
and the
United States Rubber Company The company formerly known as the United States Rubber Company, now Uniroyal, is an American manufacturer of tires and other synthetic rubber-related products, as well as variety of items for military use, such as ammunition, explosives, chemi ...
.) After the death of Weymouth Kirkland in 1965, Ellis served as managing partner of the firm, which by then was known as Kirkland, Ellis, Hodson, Chaffetz, and Masters. Ellis died in his sleep on February 18, 1968. He was 76 years old. He was survived by his wife, the former Maude Martin Evers; the couple did not have any children.


Further reading

*"Howard Ellis, Attorney, Dies: Fought for Freedom of the Press", ''Chicago Tribune'', Feb. 19, 1968 {{DEFAULTSORT:Ellis, Howard 1892 births 1968 deaths Illinois lawyers Soldiers of the French Foreign Legion University of Chicago Law School alumni People from Washington Court House, Ohio People associated with Kirkland & Ellis 20th-century American lawyers