George A. Malcolm
The Honorable George Arthur Malcolm | |
---|---|
17th Associate Justice of the Philippine Supreme Court | |
In office October 11, 1917 – February 1, 1936 | |
Appointed by | Woodrow Wilson |
Preceded by | Grant T. Trent |
Succeeded by | Jose P. Laurel |
Personal details | |
Born | Los Angeles, California | November 5, 1881
Spouse | Lucille Margaret (Wolf) Malcolm |
Alma mater | University of Michigan |
George Arthur Malcolm (November 5, 1881 — May 16, 1961) was an American lawyer who emerged as an influential figure in the development of the practice of law in the Philippines in the 20th century. Constitutional scholar and academic Joaquin Bernas described Malcolm as "the man who more than any single American contributed most to early constitutional development in the Philippines."[1] At age 35, he was appointed Associate Justice of the Supreme Court of the Philippines, where he would serve for 19 years. His most enduring legacy perhaps lies in his role in the establishment of the College of Law at the University of the Philippines.
Background
Born in
Following his graduation, Malcolm proceeded to the Philippines, which was then a colony of the United States. Malcolm served in several minor positions in the colonial government, starting as a clerk in the Bureau of Health, then subsequently in the Bureau of Justice. He rose quickly in rank, and by 1911, he was acting attorney-general for the Philippines.[3]
Establishment of the U.P. College of Law
It was through Malcolm's efforts that the first English language law classes were established in the Philippines. The Board of Regents of the University of the Philippines had initially resisted Malcolm's proposal for the establishment of a law college within the University. Malcolm thus arranged for the Manila YMCA to offer law courses, which commenced in 1910. Malcolm acted as the Secretary of these law courses. Within a year, the Board of Regents relented and the University of the Philippines adopted these classes by formally establishing the College of Law on January 12, 1911.[4]
Supreme Court Associate Justice Sherman Moreland had initially been designated as the acting dean of the college, while Malcolm was appointed as the College Secretary. Almost immediately, Moreland turned over his office to Malcolm, who served as acting dean while the University tried in vain to recruit American law professors to become the permanent dean of the college.[5] While there was some resistance in the idea of appointing Malcolm as the first permanent Dean of the College of Law,[5] Malcolm was finally appointed to the post on October 11, 1911.[6]
Malcolm served as dean for the next six years. He also taught courses in
Following the relocation of the university campus to Diliman, Quezon City after World War II, the building that housed the College of Law was named "Malcolm Hall" after Malcolm, a name that is carried as to this day.
Supreme Court Justice
In 1917, U.S. President Woodrow Wilson appointed Malcolm to sit on the Philippine Supreme Court. At age 35, he was the youngest person ever appointed as Justice to the High Court. He would serve in the Court until 1936, when he was forced to retire upon the enactment of the 1935 Constitution, which limited Supreme Court membership to Filipinos. Upon his retirement after 19 years, Malcolm had written 3,340 opinions for the Court.[7]
Several of Malcolm's opinions for the Court remain influential to date. In Villavicencio v. Lukban,
Malcolm's majority opinion in Rubi v. Provincial Board,
In Baguio housing the summer quarters of the Supreme Court, the city square on Session Road near the public market is named Malcolm Square in his honor, and a bronze bust of Malcolm is located in the square.[9]
Later years
After his retirement from the Philippine Supreme Court, Malcolm was appointed as a legal adviser to
Malcolm later settled back in the United States, though he would make occasional visits to the Philippines and to the law school housed in the building named after him.[12] He died aged 79 in Los Angeles on May 16, 1961.[13]
Personal life
In 1932 at age 51, long-time bachelor Malcolm married Lucille Margaret Wolf, age 27, on December 13, 1932. Lucille detailed their ship-board courtship and "her front row seat to history" during their nearly 30-year marriage in her memoir, My Touch of the Elephant, made publicly available for the first time in 2020.[14]
Their only daughter, Mary MacKenzie Malcolm Leydorf, was born of November 14, 1934, and died in 2013 at the age of 79 after a distinguished career as a doctor.[citation needed]
Malcolm was a godfather to Ameurfina Melencio-Herrera[15] who, in 1979, became the second woman to be appointed to the Supreme Court.
Papers
A collection of Malcolm's papers, including series relating to his service in the Philippines and in Puerto Rico, is housed at the Bentley Historical Library at the University of Michigan and open for research.[16]
Selected opinions
- US v. Salaveria (1917)
- Rubi v. Provincial Government (1919)
- Villavicencio v. Lukban (1919)
- Villaflor v. Summers (1920)
- Alejandrino v. Quezon (1924)
- Government v. Springer (1927)
- Government v. Agoncillo (1927)
Notes
- ISBN 978-971-23-5326-0.
- .
- ^ Justices of the Supreme Court of the Philippines Vol. I, p. 84
- ^ American Colonial Careerist, p. 96
- ^ a b American Colonial Careerist, p. 97
- ^ "History of the U.P. College of Law". Archived from the original on 2007-10-19. Retrieved 2007-10-29.
- ^ American Colonial Careerist, p. 139
- ^ "Rubi v. Provincial Board of Mindoro". Retrieved 2007-10-29.
- ^ "Famous Americans in Baguio". GoBaguio.com. Retrieved 27 Nov 2010.
- ^ American Colonial Careerist, p. 249-251
- ^ Republic Act No. 1386, Adopting the Honorable George A. Malcolm as Son of the Philippines and conferring upon him all the rights, privileges and prerogatives of Philippine citizenship. 20 Lawyers J 512 (Oct. 31, 1955)
- ^ Patrick M. Kirkwood, "'Michigan Men' in the Philippines and the Limits of Self-Determination in the Progressive Era," Michigan Historical Review, Vol. 40, No. 2 (Fall 2014): 83.
- ^ Justices of the Supreme Court of the Philippines Vol. I, p. 85
- ISBN 978-0989469258.
- ^ American Colonial Careerist, p. 79
- ^ "George A. Malcolm Papers at the University of Michigan". Retrieved 20 June 2017.
References
- Sevilla, Victor J. (1985). Justices of the Supreme Court of the Philippines Vol. I. Quezon City, Philippines: New Day Publishers. pp. 84–92. ISBN 978-971-10-0134-6.
- Malcolm, George A. (1957). American Colonial Careerist. United States of America: Christopher Publishing House. pp. 79, 96–97, 139, 249–251.
External links
- "George A. Malcolm Dies at 79; Former Justice in the Philippines". New York Times. 1961-05-18. Retrieved 2008-01-07.
- "Memorabilia Page - Supreme Court E-Library". Supreme Court of the Philippines. Retrieved 2008-01-07.[permanent dead link]
- Tan, Michael (2008-01-22). "Three American presidents of UP". Pinoy Kasi. Philippine Daily Inquirer. Archived from the original on 2008-01-28. Retrieved 2008-02-08.
- George A. Malcolm papers 1896-1965, Bentley Historical Library, University of Michigan. Finders aid retrieved 30 September 2013.
- Works by or about George A. Malcolm at Internet Archive