Irwin Untermyer
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Irwin Untermyer (February 2, 1886 – October 18, 1973) was an American
attorney Attorney may refer to: * Lawyer ** Attorney at law, in some jurisdictions * Attorney, one who has power of attorney * ''The Attorney'', a 2013 South Korean film See also * Attorney general, the principal legal officer of (or advisor to) a gove ...
,
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
, and civic leader most notable for his work in New York City. He was the son of
Samuel Untermyer Samuel J. Untermyer (March 6, 1858 – March 16, 1940) was a prominent American lawyer and civic leader. He is also remembered for bequeathing his Yonkers, New York estate, now known as Untermyer Park, to the people of New York State. Life S ...
, another notable New York attorney who is best remembered for his opposition to
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 ...
and for creating
Untermyer Park and Gardens Untermyer Park and Gardens is a historic city public park, located in Yonkers, New York in Westchester County, just north of New York City. The park is a remnant of Samuel Untermyer's estate "Greystone". Situated on the steep land arising fro ...
, "America's Greatest Forgotten Garden" in Yonkers,
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
. Irwin was also the father of
Samuel Untermyer II Samuel Untermyer II, (25 November 1912 – 26 January 2001) was an American nuclear scientist. He was the son of notable New York City jurist Irwin Untermyer and grandson of attorney Samuel Untermyer. Samuel Untermyer II theorized that steam bubb ...
, a notable nuclear scientist.


Legal career

Irwin Untermyer graduated from
Columbia University Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...
in 1907 and Columbia Law School in 1910. Following graduation, Untermyer proceeded to his father's law firm, Guggenheimer, Untermyer & Marshall, where he became partner. "It has rarely fallen to the lot of those elected to the bench to have enjoyed the rich experience of Mr. Untermyer," wrote Louis Marshall in ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
''. Along with his father, Untermyer also served as volunteer special counsel for the city's Transit Commission. As a result, he had to make oral arguments before 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 ...
in ''Gilchrist v. Interborough Rapid Transit Company''. The Interborough Rapid Transit Company wanted to raise the
New York City Subway The New York City Subway is a rapid transit system owned by the government of New York City and leased to the New York City Transit Authority, an affiliate agency of the state-run Metropolitan Transportation Authority (MTA). Opened on October 2 ...
's five-cent fare, and the city was suing to prevent that. Irwin's father was originally scheduled to represent the city, but when he fell ill Irwin argued before Chief Justice Taft and his fellow justices for nearly two hours. "There were only three interruptions, two of them being requests for page numbers in the brief", ''The New York Times'' wrote. The Court held in favor of the City. "I am very happy to hear of the decision", then-Congressman
Fiorello La Guardia Fiorello Henry LaGuardia (; born Fiorello Enrico LaGuardia, ; December 11, 1882September 20, 1947) was an American attorney and politician who represented New York in the House of Representatives and served as the 99th Mayor of New York City fro ...
stated, calling Untermyer's argument a "splendid and merited rebuke to the judges who lost their heads in New York and signed the order." Untermyer was elected to the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
, the
trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
of
New York state New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. stat ...
, in 1929 with the backing of
Tammany Hall Tammany Hall, also known as the Society of St. Tammany, the Sons of St. Tammany, or the Columbian Order, was a New York City political organization founded in 1786 and incorporated on May 12, 1789 as the Tammany Society. It became the main loc ...
mayor Jimmy Walker. In 1933, Governor
Herbert H. Lehman Herbert Henry Lehman (March 28, 1878 – December 5, 1963) was an American Democratic Party politician from New York. He served from 1933 until 1942 as the 45th governor of New York and represented New York State in the U.S. Senate from 194 ...
designated Untermyer as a justice of the
Appellate Division of the New York Supreme Court, First Judicial Department The Supreme Court of the State of New York, Appellate Division, First Judicial Department, or simply the First Department, is one of the four geographical components of the New York Supreme Court, Appellate Division, the intermediate appellate ...
, where he served alongside Justices that included
Roy Cohn Roy Marcus Cohn (; February 20, 1927 – August 2, 1986) was an American lawyer and prosecutor who came to prominence for his role as Senator Joseph McCarthy's chief counsel during the Army–McCarthy hearings in 1954, when he assisted McCarth ...
’s father
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until Untermyer's retirement in August 1945. Although long active in
Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...
politics, Untermyer received the endorsement of all political parties during his reelection bid in 1943.


Metropolitan Museum of Art

Though he followed in his father
Samuel Samuel ''Šəmūʾēl'', Tiberian: ''Šămūʾēl''; ar, شموئيل or صموئيل '; el, Σαμουήλ ''Samouḗl''; la, Samūēl is a figure who, in the narratives of the Hebrew Bible, plays a key role in the transition from the bibl ...
's legal footsteps, Irwin did not share his father's passion for promoting public horticulture at
Untermyer Park Untermyer Park and Gardens is a historic city public park, located in Yonkers, New York in Westchester County, just north of New York City. The park is a remnant of Samuel Untermyer's estate "Greystone". Situated on the steep land arising fro ...
in
Westchester County, New York Westchester County is located in the U.S. state of New York. It is the seventh most populous county in the State of New York and the most populous north of New York City. According to the 2020 United States Census, the county had a population o ...
. "Mr. Untermyer’s sons, Alvin Untermyer and Judge Irwin Untermyer, have not inherited their father’s costly passion for home-grown orchid boutonnieres, hothouse figs, nectarines, etc," wrote ''
The New Yorker ''The New Yorker'' is an American weekly magazine featuring journalism, commentary, criticism, essays, fiction, satire, cartoons, and poetry. Founded as a weekly in 1925, the magazine is published 47 times annually, with five of these issues ...
'' in 1940. Instead, Untermyer became known as an avid collector and promoter of art and antiquities. Untermyer donated extensively to the
Metropolitan Museum of Art The Metropolitan Museum of Art of New York City, colloquially "the Met", is the largest art museum in the Americas. Its permanent collection contains over two million works, divided among 17 curatorial departments. The main building at 1000 ...
in New York City and maintained a lifelong association with the museum. He served on the Board of Trustees for 20 years, and bequeathed over 2,000 pieces from his collection upon his death. Pieces donated by Untermyer constitute "one of the world's great private collections" and are on permanent display in the museum. Untermyer's collection in the Metropolitan Museum is mentioned in E. L. Konigsburg's 1967 book '' From the Mixed-Up Files of Mrs. Basil E. Frankweiler''. While living at the Met, the Kincaid siblings sleep in an antique four-poster bed from the Irwin Untermyer collection. "I once considered donating he museummy bed," says the book's narrator, Mrs. Frankweiler, "but Mr. Untermyer gave them this one first."


Private life

Untermyer married Louise A. Feuchtwanger on February 15, 1912 at the
St. Regis New York The St. Regis New York is a historic luxury hotel at 2 East 55th Street, at the southeast corner with Fifth Avenue, in the Midtown Manhattan neighborhood of New York City. The hotel was originally developed by John Jacob Astor IV and was comp ...
. The couple had three children, Joan Untermyer Erdmann,
Samuel Untermyer II Samuel Untermyer II, (25 November 1912 – 26 January 2001) was an American nuclear scientist. He was the son of notable New York City jurist Irwin Untermyer and grandson of attorney Samuel Untermyer. Samuel Untermyer II theorized that steam bubb ...
, and Frank Untermyer. Irwin Untermyer died on October 18, 1973 at the age of 87. He is interred at the Untermyer Family Plot at Woodlawn Cemetery in
the Bronx The Bronx () is a borough of New York City, coextensive with Bronx County, in the state of New York. It is south of Westchester County; north and east of the New York City borough of Manhattan, across the Harlem River; and north of the New Y ...
, which features extensive bronzework by Gertrude Vanderbilt Whitney.


References

{{DEFAULTSORT:Untermyer, Irwin 1886 births 1973 deaths New York Supreme Court Justices New York (state) Democrats American jurists American people of German-Jewish descent Columbia Law School alumni Burials at Woodlawn Cemetery (Bronx, New York) Columbia College (New York) alumni 20th-century American judges