Harlan F. Stone
Harlan F. Stone | |
---|---|
George Washington Kirchwey | |
Succeeded by | Young Berryman Smith |
Personal details | |
Born | Harlan Fiske Stone October 11, 1872 Chesterfield, New Hampshire, U.S. |
Died | April 22, 1946 Washington, D.C., U.S. | (aged 73)
Resting place | Rock Creek Cemetery |
Political party | Republican |
Spouse |
Agnes Harvey (m. 1899) |
Children | |
Signature | |
Harlan Fiske Stone (October 11, 1872 – April 22, 1946) was an American attorney and jurist who served as an
Raised in
In 1925, Coolidge nominated Stone to the Supreme Court to succeed retiring Associate Justice
In 1941, President
Early years
Stone was born in Chesterfield, New Hampshire, on October 11, 1872, to Fred Lauson Stone and Ann Sophia (née Butler) Stone.[3] When Stone was two years old, his family moved to Western Massachusetts where he grew up.[4][2] He graduated from Amherst High School. His father wished him to become a scientific farmer, and Stone matriculated at the Massachusetts Agricultural College where he attended classes[5] from 1888 to 1890[5] and was later expelled at the end of his second year for a scuffle with an instructor.[2] He later enrolled at Amherst College where he graduated Phi Beta Kappa[6] in 1894.
From 1894 to 1895, he was the sub master of Newburyport High School in Massachusetts, from which he also taught physics and chemistry. From 1895 to 1896, he was an instructor in history at Adelphi Academy in Brooklyn.[7]
Legal career
Stone attended
During World War I, Stone served for several months on a War Department Board of Inquiry, with Major Walter Kellogg of the U.S. Army Judge Advocate Corps and Judge Julian Mack, that reviewed the cases of 2,294 men whose requests for conscientious objector status had been denied by their draft boards. The Board was charged with determining the sincerity of each man's principles, but often devoted only a few minutes to interrogation and rendering a decision. Stone was impatient with men who took advantage of the benefits of life in America – using postage stamps was his example – without accepting the burdens of citizenship. In a majority of cases, the Board's subjects either relinquished their claims or were judged insincere. He later summarized his experience with little sympathy: "The great mass of our citizens subordinated their individual conscience and their opinions to the good of the common cause" while "there was a residue whose peculiar beliefs ... refused to yield to the opinions of others or to force."[9] Nevertheless, he recognized the courage required to persist as a conscientious objector: "The Army was not a bed of roses for the conscientious objector; and the normal man who was not supported in his stand by profound moral conviction might well have chosen active duty at the front as the easier lot."[10]
At the end of the war, he criticized Attorney General
In 1923, disgusted by his conflict with Butler and bored with "all the petty details of law school administration" that he dubbed "administrivia," Stone resigned the deanship and joined the prestigious
Attorney general
On April 1, 1924, he was appointed
In the 1924 presidential election, Stone campaigned for Coolidge's re‑election.
U.S. Supreme Court
Associate Justice
Shortly after the election, Justice
The Supreme Court of the mid‑1920s was primarily concerned with the relationships of business and government.
During the 1932 to 1937 Supreme Court terms, Stone and his colleagues Justices Brandeis and Cardozo were considered the
Chief Justice
Stone's support of the New Deal brought him Roosevelt's favor, and on June 12, 1941, President Roosevelt nominated Stone to become chief justice,[17][18] a position vacated by Charles Evans Hughes. Stone was Hughes’ personal choice for a successor.[21] After it held a single hearing on Stone's nomination on June 21, 1941, the Senate Judiciary Committee gave his nomination a favorable recommendation on June 23, 1941.[18] Stone was confirmed by a voice vote in the Senate on June 27, 1941, and received his commission on July 3, 1941.[18][21] He remained in this position for the rest of his life.[8]
As chief justice, Stone spoke for the Court in upholding the President's power to try
Stone also wrote one of the major opinions in establishing the standard for
(1945).As chief justice, Stone described the
Stone was the fourth chief justice to have previously served as an Associate Justice and the second to have served in both positions consecutively. To date, Justice Stone is the only justice to have occupied all nine seniority positions on the bench, having moved from most junior associate justice to most senior associate justice and then to chief justice.
Stone was suddenly stricken while in an open session of the Supreme Court. He had just (or by some accounts not quite) finished reading aloud his dissent in Girouard v. United States.[26] Justice Hugo Black called the Court into a brief recess, and physicians were called.
Death
Stone died of a cerebral hemorrhage while on the bench reading his dissent in Girouard v. United States (1946) on April 22, 1946, in open court.[27] Stone is the only justice to have physically filled all nine seats on the bench, having begun as the most junior associate justice and moved upwards to most senior associate justice before becoming chief justice.
Stone is buried at
Other activities and legacy
Stone was a director of the Atlanta & Charlotte Air Line Railroad Company, president of the Association of American Law Schools, a member of the American Bar Association, and a member of the Literary Society of Washington for 11 years.[31]
Stone was awarded an honorary
Stone was elected to the American Academy of Arts and Sciences in 1933 and the American Philosophical Society in 1939.[32][33]
Columbia Law School awards Harlan Fiske Stone Scholarships to students who demonstrate superior academic performance.[34] Yale Law School awards the Harlan Fiske Stone Prize each fall to winners of the Morris Tyler Moot Court competition.[35]
Personal life
His brother was
Stone married Agnes E. Harvey in 1899. Their children were Lauson H. Stone and the mathematician Marshall H. Stone.
See also
- Demographics of the Supreme Court of the United States
- List of justices of the Supreme Court of the United States
- List of United States Supreme Court justices by time in office
- List of law clerks of the Supreme Court of the United States (Chief Justice)
- List of law clerks of the Supreme Court of the United States (Seat 9)
- United States Supreme Court cases during the Stone Court
- Justice Harlan Fiske Stone Bridge
References
Notes
- JSTOR 1226615. Frank cites "United States v. Butler, 297 U.S. 1, 87 (1936) (dissenting opinion)" Archived 2013-07-16 at the Wayback Machine.
- ^ JSTOR 25715606.
- ^ "Frederick L. Stone Family Papers". Jones Library.
- ^ "Chief Justice Harlan F. Stone". Chesterfield NH Historical Society.
- ^ a b "Harlan Fiske Stone Papers" (PDF). Retrieved March 9, 2023.
- ^ Supreme Court Justices Who Are Phi Beta Kappa Members Archived 2011-09-28 at the Wayback Machine, Phi Beta Kappa website, accessed Oct 4, 2009
- ^ Belpedio, James. "Harlan Fiske Stone". The First Amendment Encyclopedia.
- ^ a b c d Harlan Fiske Stone at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- ^ Harlan Fiske Stone (October 1919). "The Conscientious Objector". Columbia University Quarterly.
- ^ Christopher Capozzola, Uncle Sam Wants You: World War I and the Making of the Modern American Citizen (NY: Oxford University Press, 2008), 57, 59–60, 66, 70, 73–4, 76, 82
- ^ Capozzola, 203
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y Theodore M. Vestal. "Harlan Fiske Stone: New Deal Prudence". Rating Game of the Greatest Supreme Court Justices: Polls and Case Studies. Oklahoma State University. Archived from the original on December 14, 2012. Retrieved July 26, 2012.
- ^ Melvin I. Urofsky (1999). "Stone, Harlan Fiske," in American National Biography, Volume 20, ed. John A. Garraty and Mark C. Carnes. New York: Oxford University Press. p. 850.
- ^ Melvin I. Urofsky (1997). Division and Discord: The Supreme Court under Stone and Vinson, 1941‑1953. Columbia, SC: University of South Carolina Press. p. 10.
- ^ Maxine Block (1941). "Stone, Harlan Fiske," Current Biography: Who's News and Why, 1941. New York: H.W. Wilson. p. 836.
- ^ "Another Hoover". Time. Vol. 4, no. 26. December 29, 1924. p. 4. Archived from the original on May 15, 2009.
- ^ a b "June, 1941". Archived from the original on 2018-09-24. Retrieved 2017-01-24.
- ^ a b c d McMillion, Barry J.; Rutkus, Denis Steven (July 6, 2018). "Supreme Court Nominations, 1789 to 2017: Actions by the Senate, the Judiciary Committee, and the President" (PDF). Washington, D.C.: Congressional Research Service. Retrieved March 9, 2022.
- ^ "United States v. Darby, 312 U. S. 100 (1941)". Archived from the original on 2011-10-26. Retrieved 2010-02-17.
- ^ "United States v. Carolene Products Co., 304 U. S. 144 (1938)". Archived from the original on 2011-11-13. Retrieved 2010-02-17.
- ^ a b "Justices 1789 to Present". Archived from the original on 2010-04-15. Retrieved 2017-01-24.
- ^ "Ex Parte Quirin, 317 U. S. 1 (1942)". Archived from the original on 2010-02-18. Retrieved 2010-02-17.
- ^ "Brief of Legal Scholars and Historians as Amici Curiae in Support of Petitioner, Salim Ahmed Hamdan, v. Donald H. Rumsfeld, Secretary of Defense, et al., No. 05-184" (PDF). Archived (PDF) from the original on 2014-04-04. Retrieved 2017-06-27.
- ^ "International Shoe v. State of Washington, 326 U. S. 310 (1945)". Archived from the original on 2011-11-11. Retrieved 2010-02-17.
- ^ Mason, Alpheus T., Harlan Fiske Stone: Pillar of the Law, NY: Viking, 1956, p. 716
- ^ See Murphy, The Legend and Life of William O. Douglas, p. 243 (New York: Random House, 2003)
- ^ "Harlan F. Stone Issue". postalmuseum.si.edu. Retrieved 2024-04-03.
- ^ a b "Christensen, George A. (1983) Here Lies the Supreme Court: Gravesites of the Justices, Yearbook". Archived from the original on September 3, 2005. Retrieved 2010-04-26. Supreme Court Historical Society at Internet Archive
- ^ Christensen, George A., "Here Lies the Supreme Court: Revisited," Journal of Supreme Court History, Volume 33 Issue 1, Pages 17–41 (19 Feb 2008), University of Alabama
- ISBN 978-1-299-95495-3.
- ^ Spaulding, Thomas M. (1947). The Literary Society in Peace and War. p. 35. Archived from the original on 2020-08-03. Retrieved 2020-05-06.
- ^ "Harlan Fiske Stone". American Academy of Arts & Sciences. 9 February 2023. Retrieved 2023-05-10.
- ^ "APS Member History". search.amphilsoc.org. Retrieved 2023-05-10.
- ^ "Academic Recognition and Prizes". Columbia Law School. Archived from the original on 2013-07-10. Retrieved 2013-06-29.
- ^ "Yale moot court to take on case against U.S. attorney general". YaleNews. December 3, 2010. Archived from the original on 2020-08-09. Retrieved 2013-06-29.
Bibliography
- Abraham, Henry J. (1992). Justices and Presidents: A Political History of Appointments to the Supreme Court (3rd ed.). NY: ISBN 0-19-506557-3.
- Attorney General biographies, Harlan Fiske Stone, United States Department of Justice.
- Cushman, Clare (2001). The Supreme Court Justices: Illustrated Biographies, 1789–1995 (2nd ed.). (ISBN 1-56802-126-7.
- Frank, John P. (1995). Friedman, Leon; Israel, Fred L. (eds.). The Justices of the United States Supreme Court: Their Lives and Major Opinions. ISBN 0-7910-1377-4.
- Galston, Miriam. 1995. "Activism and Restraint: The Evolution of Harlan Fiske Stone's Judicial Philosophy," in Tulane Law Review 70 (November).
- Hall, Kermit L., ed. (1992). The Oxford Companion to the Supreme Court of the United States. NY: Oxford University Press. ISBN 0-19-505835-6.
- Konefsky, Samuel Joseph. 1945. Chief Justice Stone and the Supreme Court (Reprint, 1971. NY: Hafner)
- Oyez project, Official Supreme Court media, Harlan Fiske Stone
- ISBN 0-688-05142-1.
- Stone, Harlan Fiske. 2001. Law and Its Administration Union, N.J.: Lawbook Exchange. Available free at archive.org.
- Urofsky, Melvin I., Division and Discord: The Supreme Court under Stone and Vinson, 1941–1953 (ISBN 1-57003-120-7
- Urofsky, Melvin I. (1994). The Supreme Court Justices: A Biographical Dictionary. NY: ISBN 0-8153-1176-1.
Further reading
- Corley, Pamela C.; Steigerwalt, Amy; Ward, Artemus. (2013). The Puzzle of Unanimity: Consensus on the United States Supreme Court. Stanford University Press. ISBN 978-0-8047-8472-6.
External links
- Ariens, Michael, Harlan Fiske Stone.
- Fox, John, Capitalism and Conflict, Biographies of the Robes, Harlan Fiske Stone Public Broadcasting Service.
- Harlan Fiske Stone, Supreme Court Historical Society
- Nash, A. E. Kier, Harlan Fiske Stone, answers.com
- The Stone Court, 1941–1945, History of the Court, Supreme Court Historical Society
- Stone Family Papers, Special Collections, Jones Library, Amherst, MA
- Cover image on Time magazine