Arthur Garfield Hays
Arthur Garfield Hays | |
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Arthur Garfield Hays (December 12, 1881 – December 14, 1954) was an American lawyer and champion of civil liberties issues, best known as a co-founder and general counsel[1] of the American Civil Liberties Union and for participating in notable cases including the Sacco and Vanzetti trial. He was a member[2] of the Committee of 48 and a contributor to The New Republic.[2] In 1937, he headed an independent investigation of an incident in which 19 people were killed and more than 200 wounded in Ponce, Puerto Rico, when police fired at them. His commission concluded the police had behaved as a mob and committed a massacre.[3][4] [5]
Early life and education
Arthur Garfield Hays was born on December 12, 1881, in
Career
In 1905, Hays formed a law firm with two former classmates. He and his partners gained prominence during World War I representing interests of ethnic Germans in the US who were discriminated against because Germany was an enemy of the Allies during the war.[citation needed] In 1914-1915, he practiced law in London.[5]
Hays was active in civil liberties issues. In 1920 (or as early as 1912[5]), was hired as general counsel for the American Civil Liberties Union.[4] From this point, his career had two tracks: he vigorously defended the individual liberty of victims of discriminatory laws, and he also kept private work. He became a wealthy lawyer who represented the interests of power and fame (his more prominent clients ranged from Wall Street brokers and best-selling authors to notorious gamblers and the Dionne quintuplets).
Hays took part in numerous notable cases, including the
Hays also defended labor. He defended coal miners in disputes in Pennsylvania and West Virginia (1922-1935), including the
In 1937, Hays was appointed to lead an independent investigation with a group (called the "Hays Commission") to study an incident in which 18 people were killed and more than 200 wounded in Ponce, Puerto Rico, when police opened fire on them. They had gathered for a parade for which the permits had been withdrawn at the last minute. His commission concluded the police had behaved as a mob and committed a massacre.[9]
From 1939 to 1943, he represented sociologist
Film censorship case over Whirlpool of Desire
From the
Albany, New York - Monday, January 23, 1939: "The French film Remous was shown Friday [January 20] to five judges of the
In November 1939, Mayer and Burstyn released the film in the US as Whirlpool of Desire. Film censorship in the United States was not overturned until the U.S. Supreme Court case, the Joseph Burstyn, Inc. v. Wilson (the "Miracle Decision") in 1952.
Politics
Progressive Party
In 1924, Hays served as New York State chairman of the second
Anti-McCarthyism
In 1951, Hays appeared on Longines Chronoscope to provide comments on the political activities of US Senator Joseph McCarthy. Hays stated:
I think he is the most dangerous man in the United States. I think he Senator McCarthy is more dangerous to freedom in the United States than all the Communists we have in this country... I think he's dangerous, because without evidence, he is smearing a lot of respected and highly decent people.[15]
His greatest criticism regarded McCarthy's methods. He defended Owen Lattimore and Philip Jessup but conceded that there were "a few" communists in the State Department and cited Alger Hiss.[15]
Personal life and death
Hays married Blanche Marks in 1908; they divorced in 1924, after having a daughter Lora.[16]
He married Aline Davis Fleisher in 1924, and they had a daughter Jane. Aline Fleisher Hays died in 1944.[4] Jane married the prominent American lawyer William J. Butler .[17]
Hays died of a heart attack on December 14, 1954, at the age of 73.[citation needed]
Legacy
In 1958, New York University established the Arthur Garfield Hays Civil Liberties Program at its School of Law.[18]
Princeton University houses the Arthur Garfield Hays Papers.[4]
Hays was a partner of Hays, St John & Buckley,[19] also known as Hays, St. John, Abramson & Heilbron, of which Osmond K. Fraenkel was later a member.[20]
Works
Hays wrote numerous books and articles. As a gifted writer and eloquent debater, he added his perspective to virtually every individual rights issue of his day. He wrote several books and essays about civil liberties issues. His autobiography, entitled City Lawyer: The Autobiography of a Law Practice (1942), provides a colorful account of his more noteworthy cases. His articles and book reviews demonstrate his wide-ranging knowledge of a nation and a world experiencing dramatic change in the way individual rights were perceived.[citation needed]
- Let Freedom Ring (1928, rev. ed. 1937)
- Trial by Prejudice (1937)
- Democracy Works (1939)
- City Lawyer: The Autobiography of a Law Practice (1942)
Defense Cases
Arthur Garfield Hays was renowned for his spirited defense of First Amendment freedoms, representing pivotal cases that shaped the American legal landscape. His involvement in the
References
- ^ ACLU SOCAL National Founding
- ^ a b Croly, Herbert David (1922). "The New Republic, Volume 31". The New Republic.
- ^ Ponce Massacre, Com. of Inquiry, 1937. Archived 2010-12-14 at the Wayback Machine, Hays Commission. Law Library Microform Consortium. Retrieved 9 July 2009.
- ^ a b c d e "Arthur Garfield Hays Papers". Princeton University. Retrieved 10 June 2018.
- ^ a b c d e f g h i "Arthur Garfield Hays". Encyclopedia Britannica. 9 February 2012. Retrieved 10 June 2018.
- ^ 2011 Pi Lambda Phi Membership Directory
- ^ Linder, Douglas O. "Melting Hearts of Stone: Clarence Darrow and the Sweet Trials". Famous Trials. University of Missouri–Kansas City School of Law. Retrieved 16 February 2019.
- ^ a b Larson, Edward John (1977). Summer for the Gods: The Scopes Trial and America's Continuing Debate Over Science and Religion. Basic Books. pp. 68–69.
- ^ Ponce Massacre, Com. of Inquiry, 1937 Archived 2010-12-14 at the Wayback Machine, Hays Commission, Law Library Microform Consortium, accessed 12 December 2012
- ^ "Dr. Davis Defended by Sherwood Eddy: Former Teachers Union Head 'Always Attacked Evils of Communism,' Jury Hears". New York Times. 20 May 1943.
- ^ "Fosdick, SS Wise Testify for Davis: Minister Says Plaintiff in Libel Suit 'Couldn't Be a Communist if He Tried'". New York Times. 22 May 1943.
- ^ "$100,000 More Asked in Davis Libel Suit: Hays Reveals Court Granted Motion to Seek Higher Damages". New York Times. 8 June 1943.
- ^ "Davis Libel Case Goes to the Jury: No Man Has Legal Right to Be a Communist". New York Times. 9 June 1943.
- ^ IMDB entry
- ^ a b "ACLU Co-Founder Arthur Garfield Hays on McCarthyism". C-SPAN. 1951. Retrieved 10 June 2018.
- ^ "Lora Hays". IMDb.
- ^ "Biographical Sketch of William J. Butler". University of Cincinnati College of Law. Retrieved 2020-11-16.
- ^ "The Arthur Garfield Hays Civil Liberties Program". New York University. Retrieved 10 June 2018.
- ^ Scope of Soviet Activity in the United States. US Government Printing Office. 1956. pp. A114. Retrieved 30 December 2021.
- ^ Investigation of Communist Infiltration of Government. US GPO. February 1956. p. 3485. Retrieved 12 November 2019.
- ^ Vile, John (2009-01-01). "Arthur Hays". The Free Speech Center. Retrieved 2024-03-15.
External links
- Arthur Garfield Hays Papers held by Princeton University Library Special Collections
- A film clip "Longines Chronoscope with Arthur Garfield Hays (December 7, 1951)" is available for viewing at the Internet Archive