MARSHMAN S. WATTSON:
An Inventory of His Records Relating to Pierce Butler's
Supreme Court Appointment
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| Creator: | Wattson, Marshman S.,
1912-1962. |
| Title: | Records relating to Pierce Butler's appointment
to the U.S. Supreme Court. |
| Date: | 1917-1922. |
| Abstract: | Wattson's transcripts of documents assembled
for the Senate confirmation hearings regarding Butler's supreme court
appointment. |
| Quantity: | 0.25 cu. ft. (1 box). |
| Location: | |
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Wattson, a Minneapolis attorney, was born in Hibbing, Minnesota and
moved with his parents to Minneapolis in 1913. He graduated from the University
of Minnesota (1933) and from its law school (1935), and was on the faculty of
its business school (1937-1942). Wattson served with the U.S. Office of Price
Administration and the U.S. Navy during World War II (1942-1945). Afterwards he
taught at Indiana University (1945-1953) and, following that, at the University
of Minnesota Law School and the William Mitchell College of Law (St. Paul,
Minn.).
Wattson's main interests lay in the area of civil liberties, and he
was executive secretary of the Minnesota Civil Liberties Union from 1954 until
his death. Other interests included the United World Federalists and mental
health organizations. He died in Minneapolis on March 6, 1962.
More biographical information is located in the first folder of the
collection.
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Pierce Butler (1866-1939) began his career as a St. Paul (Minn.)
attorney, most of it spent in the general practice of law (1888-1922). In
amongst that career he served as Ramsey County Attorney (1893-1896) and as a
railroad and corporation counsel. He was nominated to the U.S. Supreme Court by
President Warren Harding--at the urging of his friend Chief Justice William H.
Taft--and took his seat in January 1923. For the next sixteen years he was
closely identified with the court's conservative phalanx, and voted to uphold
government restrictions on civil liberties (particularly in cases involving
radicals and pacifists) and to oppose government regulation of business in
furtherance of social welfare.
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A typed (394 pp.) transcript (marked "confidential") of the U.S.
Senate Judiciary Committee hearings on the matter of the appointment of Pierce
Butler to the U.S. Supreme Court. In addition to direct testimony are
transcribed correspondence, telegrams, newspaper clippings, and related
documents presented at the committee hearings. The numbered transcript pages
are supplemented with some photocopied biographical information on Butler.
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| The materials are arranged in a single sequence of numbered typescript
pages, filed in five folders. |
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| A small collection of Pierce Butler Papers, and a larger collection
of the papers of his son, Pierce Butler II, are separately cataloged in the
Minnesota Historical Society manuscript collections. |
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| This collection is indexed under the following headings in the catalog
of the Minnesota Historical Society. Researchers desiring materials about
related topics, persons or places should search the catalog using these
headings. |
| Topics: |
| | Academic freedom--Minnesota--Minneapolis. |
| | Catholics--Minnesota--Public opinion. |
| | German Americans--Minnesota--Public opinion. |
| | Irish Americans--Minnesota--Public opinion. |
| | College teachers--Minnesota--Dismissal of. |
| | Labor disputes--Minnesota--Minneapolis. |
| | Patriotism--Minnesota--Minneapolis. |
| | Strikes and lockouts--Minnesota--Minneapolis. |
| | Loyalty. |
| | World War, 1914-1918--Public opinion. |
| Places: |
| | United States--Politics and government--1919-1933. |
| Persons: |
| | Butler, Pierce, 1866-1939--Public opinion. |
| | Cardozo, Benjamin M. (Benjamin Nathan), 1870-1938. |
| | Dietrichson, Gerhard. |
| | Gray, John Henry, 1859-1946. |
| | LeSueur, Arthur, 1867-1950. |
| | McGee, John Franklin, 1861-1925. |
| | Nelson, Knute, 1843-1923. |
| | Rypins, Stanley Isaac. |
| | Sanford, Edward Terry, 1865-1930. |
| | Schaper, William August, 1869-1955. |
| | Shipstead, Henrik, 1881-1960. |
| Organizations: |
| | Committee of 48 (U.S.). |
| | Minneapolis Steel and Machinery Manufacturing
Company--Trials, litigation, etc. |
| | University of Minnesota--Faculty--Discipline. |
| | University of Minnesota. Board of Regents. |
| | Working People's Political League (Saint Paul,
Minn.). |
| | Minnesota. Commission of Public Safety. |
| | United States. Congress. Senate. Committee on the
Judiciary. |
| | United States. Supreme Court--Officials and
employees--Selection and appointment. |
| Occupations: |
| | Judges--United States. |
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| Preferred Citation: |
| | [Indicate the cited item and/or series
here]. Wattson, Marshman S. Records Relating to Pierce Butler's
Appointment to the United States Supreme Court. Minnesota Historical
Society. |
| | See the Chicago Manual of Style for additional
examples. |
| Accession Information: |
| | Accession number:9357 |
| Processing Information: |
| | Processed by:Kathryn A. Johnson, April 1998 |
| | PALS ID No.:09-00320361 |
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Note to Researchers: To request materials, please note both the
location and box numbers shown below.
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Location
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Box
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| P2282 | |
Records relating to Pierce Butler's appointment to the
U.S. Supreme Court, 1917-1922. Typescript, 394 pp.
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| | | The more significant issues raised in the hearings are described
below. |
| | | University of Minnesota cases. Butler's
nomination was opposed by four University of Minnesota faculty members who had
been dismissed during Butler's tenure as a university regent. The John H. Gray
case (pp. 6-8, 188-214, 234-354) concerned an economics professor who blamed
his termination on Butler's opposition to his findings as an examiner in an ICC
case regarding the Texas Midland Railway. The William A. Schaper case (9-14,
188-214, 234-354) concerned a political science professor's firing for
pro-German and pacifist declarations. Gerhard Dietrichson was dismissed
following his charges of maladministration against the chemistry department
(pp. 15-22, 23-79). Stanley I. Rypins of the English department was fired for
radical political activity including membership in the Committee of 48, support
of the National Nonpartisan League's Arthur C. Townley, his association with
the American Civil Liberties Union, and his association with writer Upton
Sinclair (pp. 124-141, 234-354). Included are quotations from Sinclair's book
on the University of Minnesota firings. |
| | | John Meints case. John Meints, of
Luverne, Minnesota, was tarred and feathered by a group of Luverne citizens for
his alleged pro-German sympathies during World War I. Butler was counsel for
the defendants and ended up recommending that his clients pay damages to the
plaintiff. A letter from Arthur LeSueur approves Butler's handling of the case,
but opposes him on political grounds (pp. 142-143). |
| | | Minneapolis Steel and Machine Manufacturing
Company case. Butler had served as counsel for the firm. Letters from
Thomas E. Latimer and Arthur LeSueur support Butler for his professionalism.
Letters and resolutions from the Working People's Political League, the
Wisconsin Women's Progressive League, the Chicago Federation of Labor, and a
number of private citizens oppose Butler's nomination on grounds relating to
his corporate associations and his Irish-Catholic background (pp. 145-174). |
| | | Other notable items include Minnesota Senator Henrik Shipstead's
testimony (pp. 177-182), which offers a review of the opposition to Butler's
appointment. There are also many individual letters of support for Butler,
including ones from Carleton College president Donald J. Cowling, from
University of Minnesota presidents Lotus D. Coffman and Marion L. Burton, and
Minnesota governors J. A. A. Burnquist and J. A. O. Preus. |
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