William Rufus Day
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William Rufus Day (April 17, 1849 – July 9, 1923) was an American diplomat and jurist, who served for nineteen years as an
Associate Justice of the Supreme Court of the United States An associate justice of the Supreme Court of the United States is any member of the Supreme Court of the United States other than the Chief Justice of the United States, chief justice of the United States. The number of associate justices is ei ...
. Prior to his service on the Supreme Court, Day served as the 36th
United States Secretary of State The United States secretary of state implements foreign policy for the U.S. government as the head of the U.S. Department of State. Created in 1789, the Cabinet position is analogous to a foreign minister A foreign affairs minister or min ...
during the administration of President
William McKinley William McKinley (January 29, 1843September 14, 1901) was the 25th president of the United States, serving from 1897 until Assassination of William McKinley, his assassination in 1901. He was president during the Spanish–American War of 189 ...
and also served as a United States Circuit Judge of the
United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citation Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called Reporter (law), reporters or law reports, o ...
and the United States Circuit Courts for the Sixth Circuit.


Education and career

Day was born in
Ravenna Ravenna ( , , also ; rgn, Ravèna) is the capital city of the Province of Ravenna, in the Emilia-Romagna egl, Emigliàn (masculine) egl, Emiglièna (feminine) rgn, Rumagnòl (masculine) rgn, Rumagnòla (feminine) it, Emiliano (masculine) it, Em ...
, Ohio, one of the children of Emily (Spaulding) Day and Judge Luther Day of the List of justices of the Ohio Supreme Court, Ohio Supreme Court. He graduated with a Bachelor of Science degree from the University of Michigan in 1870, spent a year studying law with attorney and judge George F. Robinson, and then a year at the University of Michigan Law School. He was admitted to the bar in 1872 and settled in Canton, Ohio, Canton, Ohio, where he began practicing law in partnership with William A. Lynch. For twenty-five years, Day worked as a criminal defense and corporate lawyer in the growing industrial town while participating in Republican Party (United States), Republican politics. During these years, Day became a good friend of
William McKinley William McKinley (January 29, 1843September 14, 1901) was the 25th president of the United States, serving from 1897 until Assassination of William McKinley, his assassination in 1901. He was president during the Spanish–American War of 189 ...
. Day became McKinley's legal and political adviser during McKinley's candidacies for the United States Congress, Congress, the Governor of Ohio, Governorship of Ohio, and the President of the United States, Presidency of the United States. After he won the Presidency, McKinley appointed Day to be United States Assistant Secretary of State, Assistant Secretary of State under United States Secretary of State, Secretary of State John Sherman (politician), John Sherman. Sherman was considered to be ineffective because of declining health and failing memory, and in 1898, President McKinley replaced Sherman with Day. Five months later, Day vacated his cabinet position to helm the United States Peace Commission formed to negotiate an end to the Spanish–American War with Spain. After the Spanish–American War was declared, Day had argued that the Spanish colonies, other than Cuba, should be returned to Spain, contrary to McKinley's decision that the United States should take over from Spain control of the Philippines, Puerto Rico, and Guam. Day, however, negotiated peace with Spain on McKinley's harsher terms. Day was worried the terms McKinley was insisting on would be "humiliating" to Spain, and for that reason Spain would not agree to them. Ultimately Spain did submit to McKinley's "painfully harsh" terms. His final diplomatic effort was to lead the United States Peace Commission to Paris and sign the Treaty of Paris (1898), treaty ending the war. He was succeeded at the Department of State by John Hay.


Court of Appeals and Circuit Courts service

Day received a recess appointment from President Benjamin Harrison to the United States District Court for the Northern District of Ohio on May 24, 1889, but declined the appointment. Day was nominated by President
William McKinley William McKinley (January 29, 1843September 14, 1901) was the 25th president of the United States, serving from 1897 until Assassination of William McKinley, his assassination in 1901. He was president during the Spanish–American War of 189 ...
on February 25, 1899, to the
United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citation Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called Reporter (law), reporters or law reports, o ...
and the United States Circuit Courts for the Sixth Circuit, to a new joint seat authorized by . He was confirmed by the United States Senate on February 28, 1899, and received his commission the same day. His service terminated on February 23, 1903, due to his elevation to the Supreme Court.


Supreme Court service

McKinley was assassinated in September 1901 and Vice President of the United States, Vice President Theodore Roosevelt succeeded him as president. In 1903, George Shiras Jr. resigned from the United States Supreme Court and Roosevelt offered his Associate Justice of the United States Supreme Court, Associate Justice position to William Howard Taft. Taft declined in order to remain in his post as governor of the Philippines. In February, Roosevelt nominated Day, who accepted. The United States Senate confirmed the nomination on February 23, 1903, and Day received his commission the same day. He assumed his seat on March 2, 1903. He served as Circuit Justice for the Seventh Circuit from March 9, 1903, to March 17, 1912, and as Circuit Justice for the Sixth Circuit from March 18, 1912, to November 13, 1922.


Notable cases

Day wrote 439 opinions during his tenure on the court, of which only 18 were dissents. He distrusted large corporations and voted with Standard Oil#Monopoly charges.2C anti-trust litigation.2C and breakup of the Standard Oil group, antitrust majorities throughout his time on the court. He sided with the United States Government, government in the Standard Oil, American Tobacco, and Union Pacific cases in 1911 and 1912 and again in the Southern Pacific Railroad, Southern Pacific case in 1922. Day delivered the opinion of the Court in ''Weeks v. United States'', where the highest Court ruled that the warrantless seizure of documents from a private home violated the Fourth Amendment to the United States Constitution , Fourth Amendment prohibition against unreasonable searches and seizures, and evidence obtained in this manner is Exclusionary rule, excluded from use in federal criminal prosecutions.


Baseball

Day was an avid baseball fan. He is recorded as asking his clerk for "regular updates" during the bench hearing of ''Standard Sanitary Mfg. Co. v. United States'' about the final game of the 1912 World Series#Game 8, 1912 World Series.


Retirement and death

Day retired from the court on November 13, 1922, and briefly served as an Umpire of the Mixed Claims Commission to Adjudicate War Claims against Germany. He died on July 9, 1923, on Mackinac Island in Michigan, aged 74. He was interred at West Lawn Cemetery in Canton.


Family

In 1875, Day married Mary Elizabeth Schaefer. They were married until her death in 1912, and were the parents of four sons: William, Rufus, Stephen, and Luther. His sons were appellate lawyers who litigated cases before the Supreme Court.


Selected opinions authored by Day

*''Ware & Leland v. Mobile County'', 209 U.S. 405 (1908) – held that contracts for the sales of cotton for future delivery that do not oblige interstate shipments are not subjects of interstate commerce *''Bobbs-Merrill Co. v. Straus'', 210 U.S. 339 (1908) – helped establish "first-sale doctrine" in United States copyright law *''Muskrat v. United States'', 219 U.S. 346 (1911) – held that there must be an actual controversy between parties for the Federal courts to have jurisdiction *''Flint v. Stone Tracy Co.'', 220 U.S. 107 (1911) – held privilege of operating in corporate form justifies imposition of an income tax *''Bauer & Cie. v. O'Donnell'', 229 U.S. 1 (1913) – held that patent rights could not be extended by the holder by means of a licensing agreement *''Weeks v. United States'', 232 U.S. 383 (1914) – held that exclusionary rule is applicable to the federal government for violations of the Fourth Amendment to the United States Constitution, Fourth Amendment *''Buchanan v. Warley'', 245 U.S. 60 (1917) – held that municipal ordinances segregating neighborhoods were unconstitutional *''Hammer v. Dagenhart'', 247 U.S. 251 (1918) – held that laws regulating child labor are beyond the scope of Congress's constitutional power under the commerce clause


See also

*List of justices of the Supreme Court of the United States


References


Sources

* * McLean, Joseph E. ''William Rufus Day: Supreme Court Justice from Ohio.'' The Johns Hopkins University Studies in Historical and Political Science 64. Baltimore, MD: Johns Hopkins Press, 1946.


External links

*
William R. Day
at The Political Graveyard
William R. Day biography at The Ohio Judicial Court




* [https://web.archive.org/web/20080618065656/http://www.reed.lib.oh.us/halloffame/dayw.html William R. Day biography at The Raven Hall of Fame]
William R. Day biography at The United States State Department


{{DEFAULTSORT:Day, William R. 1849 births 1923 deaths 19th-century American judges 19th-century American politicians 20th-century American judges American Lutherans Burials at West Lawn Cemetery Judges of the United States Court of Appeals for the Sixth Circuit McKinley administration cabinet members Ohio lawyers Ohio Republicans People from Ravenna, Ohio People of the Spanish–American War Lawyers from Canton, Ohio United States Assistant Secretaries of State United States federal judges appointed by Theodore Roosevelt United States federal judges appointed by William McKinley United States Secretaries of State Justices of the Supreme Court of the United States University of Michigan Law School alumni