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J. Lee Rankin, Solicitor General Who by ROBERT D 16 Y THE NEW YORK TIMES J. Lee Rankin, Solicitor General Who By ROBERT D. McFADDEN by which local school districts sub- J. Lee Rankin, a Solicitor General mitted desegregation plans to Fed- in the Eisenhower Administration eral judges in their states. who argued forcefully for desegrega- "It was a major contribution, I tion of the nation's public schools and think, to give them a procedure that for equal voting rights and later was made sense," Mr. Rankin's son counsel to the commission that in- James said. vestigated President John F. Kenne- Mr. Rankin was also a close asso- dy's assassination, died on Wednes- ciate of Chief Justice Earl Warren day at a California nursing home. He and was the unanimous choice of the Warren Commission to serve as gen- was 88. Mr. Rankin, who later served sev- eral counsel in the inquiry that con- en years as New York City Corpora- cluded that Lee Harvey Oswald had acted alone in killing President Ken- tion Counsel and retired from pri- nedy in Dallas in 1963. Mr. Rankin vate law practice in New York in the was credited with redrafting and late 1970's, had been in failing health editing the commission's voluminous in recent years and had suffered a report into a work of polished prose. series of strokes In the last year, A moderate Republican, Mr. Ran- most recently last week. He died of kin served as Mayor John V. Lind- natural causes at Batterson's Conva- say's Corporation Counsel from 1966 lescent Home in Santa Cruz, where to 1972, heading a staff of 378 lawyers he had resided since May, said his that defended New York City in a son, James Lee Rankin Jr. The New York Times. 1971 wide range of litigation and provid- In a legal career that spanned ing opinions on myriad municipal J. Lee Rankin more than five decades and took him problems, from the legality of a po- from the plains of Nebraska to the lice officer's membership in the John halls of power in Washington and braska by 40,000 votes. Birch Society to the legal status of New York, Mr. Rankin was an advis- In 1952, Mr. Rankin managed the school decentralization efforts. er to President Dwight D. Eisenhow- Eisenhower for President campaign Norman Redlich, who succeeded in Nebraska. After the election, Mr. er and Attorney General Herbert Mr. Rankin as Corporation Counsel Brownell Jr. in the 1950's, drafted Eisenhower named Mr. Brownell as and was his top deputy in the New Attorney General, and Mr. Brownell opinions for the White House and the York City Law Department and as Cabinet and argued many cases for In 1953 asked Mr. Rankin, an old counsel to the Warren Commission, friend and fellow Nebraskan, to the Government before the Supreme recalled Mr. Rankin on Friday as a come to Washington and join the Court. good friend and a lawyer of integrity, Justice Department. As Assistant Attorney General in talent and wisdom. He served as United States Solici- charge of the Justice Department's "I always felt that what made him office of legal counsel in 1953, Mr. valuable to President Eisenhower, to tor General, the Justice Depart- Rankin argued in favor of the black Herbert Brownell, to Earl Warren ment's third-ranking post, from 1956 plaintiffs in Brown v. Board of Edu- and John Lindsay was that he never to 1961. In 1961, after President Ken- cation of Topeka, Kan., contending had a personal agenda," Mr. Redlich nedy was elected, Mr. Rankin moved that the 19th-century doctrine of said. "His agenda was what was best to New York and resumed private "separate but equal facilities" for For the government and for the peo- law practice. He played a role in blacks and whites was unconstitu- ple of New York City and of the many prominent cases, including tional. The Court upheld that view in country." some before the Supreme Court. a historic 1954 ruling. Before his Government service in In 1962, he represented the Ameri- In an effort to avoid violence that Washington, Mr. Rankin had a pri- can Civil Liberties Union in advanc- might arise from the decision, Mr. vate law practice in Lincoln, Neb., ing the landmark case Gideon v. Rankin argued in a presentation re- for more than 20 years. He was ac- Wainwright, which established the quested by the High Court that the tive in Republican politics in his right of an indigent person accused effort to desegregate schools — over- home state, helping organize the 1948 of a crime to have legal counsel at turning decades of entrenched prac- campaign there for Thomas E. Dew- public expense. The case, involving a tices — should take place gradually. ey, who lost the election to President Florida defendant who was repre- Accordingly, he suggested the plan Harry S. Truman but carried Ne- sented by Abe Fortas, was portrayed OBITUARIES SUNDAY, JUNE 30, 1996 Was a Voice for Desegregation, Dies at 88 in the 1980 movie "Gideon's Trum- ant Attorney General in charge of jurisdictions in offshore oil drilling. pet," starring Henry Fonda. the Justice Department's office of He also wrote an important memo- Mr. Rankin's New York law prac- legal counsel in 1953, Mr. Rankin randum on the question of trading in tice, interrupted for a year during quickly gained a reputation among surplus agricultural commodities the Warren Commission investiga- associates as a hard-working and with Soviet bloc countries. tion and for his six years in the able lawyer at home with the most Later, as Solicitor General, Mr. Lindsay administration, continued intricate legal problems. Rankin, in response to lawsuits in until his retirement in 1978. For What was perhaps his most impor- many states arising out of legislative some years, he also taught constitu- tant case as a Federal official — the reapportionment fights, developed tional law at the New York Universi- school desegregation fight before the the Justice Department's position ty Law School. Supreme Court — arose in his first that led to the principle of one per- Slender and bespectacled, Mr. year in Washington. While he argued son, one vote. While he did not argue Rankin — who never used his first forcefully in court that "separate but the position in court, his ideas were name, James, but was known to equal" was unconstitutional, he did later advanced by his successor in friends and colleagues as Lee — was the Kennedy Administration, Archi- a straightforward, quiet and friendly bald Cox. man who, away from the courts and After his work as chief counsel to law offices, loved to tend roses, Under Eisenhower the Warren Commission, Mr. Rankin played the piccolo, was an enthusias- had no doubt that the panel had come tic amateur photographer and for to the proper conclusion in finding many years escaped on vacations to and later, leaving a that there had been no conspiracy in his 14,000-acre ranch in South Dako- President Kennedy's assassination. ta, where he raised Morgan horses mark in New York He almost never spoke publicly and Hereford cattle. about his work for the panel or its "A rugged Midwestern independ- City and the nation. conclusions, which were issued in 26 ence is a Rankin trait," The New volumes with an 800-page summary. York Times said in a 1957 profile that "But I can tell you that he was noted that he married Gertrude Car- not comment on the case outside the extremely anguished at the distor- penter, a boyhood sweetheart, in court at the time. tions and the phony theories devel- 1931. "Her family owned a large pa- But in a 1959 speech to lawyers, he oped as people tried to make money per company. Undoubtedly money hailed the ruling as reflecting "the out of what was essentially a national could have been found to buy the conscience of a great people," and he tragedy," Mr. Redlich, who was Mr. young couple an automobile. But un- offered a defense of the Court Rankin's deputy counsel, said on Fri- til he could pay for a car with his own against critics that was, his admir- day. money, Rankin did without one." ing colleagues said, a reflection of his During his service as Corporation James Lee Rankin was born on own credos. Counsel in New York, Mr. Rankin July 8, 1907, in Hartington, Neb., the "We cannot permit the Court's in- began a program under which grad- son of Herman P. and Lois Gable uates of law schools worked in his Rankin. He attended public schools dependence to be undermined by di- rect or indirect assaults," he said. office for a year or two in a program in Lincoln and the University of Ne- that provided them with experience "Nor can we stand by and let the braska in Lincoln, where he earned a before moving on to law firms. Court suffer for its declaration of bachelor's degree in 1928 and a law Mr. Rankin, upon retirement, some of the finest values in Ameri- degree in 1930. moved to Weston, Conn., where he can life; for its recognition that the After being admitted to the Ne- and his wife had a summer home. In braska Bar Association, Mr. Rankin declared standards must be lived 1993, they moved to Los Gatos, Calif. joined a Lincoln law firm in 1930 and by; for the reaffirmation of the integ- They had been married for 63 years became a partner in 1935. Active in rity of the individual, and that the when Mrs.
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