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George Weston Anderson (September 1, 1861 – February 14, 1938) was a United States circuit judge 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 borders 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, United States. It was established as a men's college in 1793 with funds from the estate of Ephraim ...
and a
Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...
, magna cum laude, in 1890 from
Boston University School of Law The Boston University School of Law (BU Law) is the law school of Boston University, a private research university in Boston. Established in 1872, it is the third-oldest law school in New England, after Harvard Law School and Yale Law School. Ap ...
. He entered private practice in
Boston Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...
,
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
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 ...
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 industry in the United States, truc ...
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 who served as an Associate Justice of the Supreme Court of the United States, associate justice on the Supreme Court of the United States from 1916 to ...
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 turn on question ...
, 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 the General Court of Massachusetts, is the State legislature (United States), state legislature of the Commonwealth (U.S. state), Commonwealth of Massachusetts located in the state capital of Boston. Th ...
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 the 28th president of the United States, serving from 1913 to 1921. He was the only History of the Democratic Party (United States), Democrat to serve as president during the Prog ...
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 a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on October 24, 1918, and received his commission the same day. He assumed senior status 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 a form of moral panic provoked by fear of the rise of left-wing ideologies in a society, especially communism and socialism. Historically, red scares have led to mass political persecution, scapegoating, and the ousting of thos ...
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 anarchist ...
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 had urged a violent overthrow of the
United States Government The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct ...
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 United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
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 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 (The Academy) 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 other ...
. 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 U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...
, 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 American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, advocating judicial restraint. Born in Vienna, Frankfurter im ...
and
Roscoe Pound Nathan Roscoe Pound (October 27, 1870 – June 28, 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 was dean of Harvard Law School from 1916 to 1936. He was a ...
. *
Institutional racism Institutional racism, also known as systemic racism, is a form of institutional discrimination based on Race (human categorization), race or ethnic group and can include policies and practices that exist throughout a whole society or organizati ...


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 Fellows of the American Academy of Arts and Sciences People from Acworth, New Hampshire Members of the 1917 Massachusetts Constitutional Convention