William Irwin Grubb
William Irwin Grubb | |
|---|---|
| Judge of the United States District Court for the Northern District of Alabama | |
| In office May 18, 1909 – October 27, 1935 | |
| Appointed by | William Howard Taft |
| Preceded by | Oscar Richard Hundley |
| Succeeded by | David Jackson Davis |
| Personal details | |
| Born | William Irwin Grubb March 8, 1862 Cincinnati, Ohio |
| Died | October 27, 1935 (aged 73) |
| Education | Yale University (A.B.) |
William Irwin Grubb (March 8, 1862 – October 27, 1935) was a United States district judge of the United States District Court for the Northern District of Alabama.
Education and career
Born on March 8, 1862, in Cincinnati, Ohio, Grubb received an Artium Baccalaureus degree in 1883 from Yale University.[1] He entered private practice in Cincinnati starting in 1884.[1] He continued private practice in Birmingham, Alabama until 1909.[1]
Federal judicial service
Grubb was nominated by President
Notable cases
In 1913, 1927, and 1930, Grubb was assigned to the Federal District Court in New York City to help reduce the backlog. He gained a reputation for his decisions against price fixing schemes (for example the Wool Institute case in 1930) and for giving out long jail sentences to bootleggers. He was also a hard taskmaster, insisting for court to begin promptly at 9:30 and to continue after lunch until 5:30.[3]
In 1929, President Herbert Hoover appointed Grubb to the Wickersham Commission in response to the crime wave and lingering questions about the effectiveness of Prohibition. Grubb believed that Prohibition should be given a further trial, but if "proper enforcement and observance are not had, within a reasonable period or if a better system is shown to exist, it will be time enough to abandon Prohibition and to adopt the better substitute."[4] Ironically, Grubb's grandfather was a whiskey distiller.[3]
During the
In December 1934, Grubb ruled in Ashwander v. Tennessee Valley Authority that the government had no right to engage in the power business except to dispose of a surplus incidental to the exercise of some other constitutional function. While he avoided declaring the Tennessee Valley Authority unconstitutional, he issued an injunction restraining it. Senator George W. Norris, the prime sponsor of the New Deal's power program, declared: "The effect of the injunction is practically to nullify the whole TVA Act."[6]
In July 1935, Grubb's decision was overturned by the 5th Federal Circuit Court in New Orleans.[7] When the case reached the Supreme Court, Chief Justice Charles Evans Hughes wrote that the TVA was constitutional, giving Roosevelt a major victory. In a concurring opinion, Justice Louis Brandeis first elaborated his doctrine of constitutional avoidance: the court should limit its review of constitutional questions to when it is necessary to reach a decision. Brandeis concluded that constitutional review was not necessary in the case because Ashwander had not been injured and so did not have standing to sue.[8]
Family
Grubb was the son of John Grubb and Sidney Irwin.[
Honor and death
Grubb was awarded an honorary doctorate in laws by Yale University.
References
- ^ a b c d e William Irwin Grubb at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- ^ a b c "Judge Grubb Dies; Held NRA Illegal – United States District Jurist of Alabama Also Ruled Against TVA". New York Times. October 28, 1935.
- ^ a b c d Grubb, David (2008). The Grubb Family of Grubb's Landing, Delaware. Higginson Book Co.
- ^ "Prohibition: Wicker Shambles". Time Magazine. February 3, 1931.
- ^ Irons, Peter H. (1982). The New Deal Lawyers. Princeton University Press.
- ^ "Business & Finance: Grubb on Surplus". Time Magazine. March 4, 1935.
- ^ "Judiciary: Curses & Blessings". Time Magazine. July 29, 1935.
- ^ Bickel, Alexander M. (1982). The Least Dangerous Branch. Bobbs – Merrill Co.
Sources
- William Irwin Grubb at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.