Minnesota Supreme Page 1 Court Historical Society July 2016 Calendar of Events INSIDE THIS ISSUE: Memorials to 2 July 14, 2016 - Education Committee Deceased Justices— Meeting (Minnesota Judicial Center - 2:00 Highlighting Justice p.m.) William Mitchell Major Minnesota 3 October 6, 2016 - Justice Jeopardy Decisions— (Kiernan’s Pub - 5:00 p.m.) Highlighting Near v. November 3, 2016 - Annual Meeting/ Minnesota Reception (Minneapolis Club - 5:00 p.m.) Committee Activities 4 January 20, 2017 - High School Essay Court Administration: 5 Contest - Submissions Due Profiling Grace Kaercher Davis March 2017 - High School Essay Con- test - Winners Announced Trivia Answers 6 May 2017 - State History Day (University Membership Info 6 of Minnesota) Summer 2017 - Supreme Court Law Clerk Reunion (Town & Country Club - 12:00 DID YOU KNOW? p.m.) Justice William B. Mitch- ell’s son, William DeWitt Mitchell ,served as U.S. Solicitor General (1925-29) and U.S. Attorney General (1929-33), and his grandson William Mitchell served as General Counsel of the U.S. Trivia Questions Atomic Energy Commission. Hon. Rensselaer Nelson, who served as Associate In 2014 and 2015, the Society hosted sessions of Justice Jeopardy, pitting two teams of Justice of the Supreme judges and lawyers against each other in answering court trivia questions. The next Court of Minnesota Territo- ry (1857-58) was the son of session of Justice Jeopardy will be held on October 6, 2016. To warm up for that event, U.S. Associate Justice Sam- try your hand at these trivia questions. uel Nelson and served as the 1. Several Minnesota Supreme Court Justices resigned to take other positions in gov- first U.S. District Judge of ernment. Which deceased justices left the court to: the District of Minnesota (1858-96). a. Run for Governor; b. Join the United States Justice Department; or c. Become a federal judge. YOUR COMMENTS INVITED 2. Which Justice served the shortest term on the Minnesota Supreme Court? We invite your comments or 3. Which Justice served the longest term on the Minnesota Supreme Court? observations on the contents 4. Which Justice(s) served two non-consecutive terms? of this Newsletter. Please send to [email protected] Trivia answers on page 6 Minnesota Supreme Court Historical Society Page 2 Testimony-Memorials to Deceased Justices—William Mitchell* By Sam Hanson Shortly after the establishment of the dorsed by both parties until the election him Minnesota has lost one of her Minnesota Supreme Court Historical of 1898, when the Republican party brightest ornaments – one of her most Society, an ambitious committee set out failed to endorse him and, surprisingly, distinguished and valuable citizens. to revive a wonderful tradition that had he lost re-election when the Republican been abandoned in the 1970s, when our endorsed candidates swept the election at state discontinued the publication of nearly every level. This result is often Minnesota Reports. That tradition, cited as a major reason why Minnesota sponsored jointly by the Supreme Court later made judicial elections non- and the Minnesota State Bar Associa- partisan. In later years, Justice Mitchell tion, was to present memorials for de- agreed to become the dean of the St. ceased justices, in open court before Paul College of Law, but unfortunately the entire Supreme Court. Those me- died before the next school term began. morials were then published in Minne- sota Reports. Inexplicably the tradition The official memorial was as follows: ended when the publication ended. On the afternoon of October 2, 1900, in the chamber of the house of representa- In 2008, the Society published tives at the state capitol, Hon. James A. “Testimony – Remembering Minnesota Tawney presented to the supreme court, Supreme Court Justices.” The Society then in session, in behalf of the Winona We ask, therefore, that this brief memori- collected all previously published me- and State Bar Associations the following al be preserved in the records of this morials, going back to the 1800s, and memorial of Associate Justice Mitchell, court, together with such other proceed- assigned authors to update those me- who died August 21, 1900, and moved ings as may occur in connection there- morials to include the many justices that the same be spread upon the records with. who had died after the practice of pre- of the court: senting memorials had been interrupt- Eleven other lawyers and justices added ed. William Mitchell, who for forty-three their comments to the memorial, includ- years was a member of the Minnesota ing these comments from then retired Bar, for seven years was judge of the Justice Charles Flandrau, who had been The Society’s newsletter will from time Third judicial district, and for nineteen to time feature excerpts from Testimo- a member of the first Supreme Court of years was an Associate Justice of this Minnesota after statehood in 1855: ny. For this edition, given the recent court, having been called away by death, creation of the Mitchell-Hamline the members of the Winona and state Bar It being my desire that the testimony of School of Law, the memorial to Justice respectfully submit the following, as a the oldest practitioner of the law in the William Mitchell seemed appropriate. testimonial of their esteem and affection state and a member of the first supreme for him while living and as a tribute to his court of the state to the excellencies of JUSTICE WILLIAM MITCHELL memory now that he is gone. the late Judge Mitchell should go on SERVED ON THE SUPREME record in these memorial proceedings, I COURT FOR 19 YEARS, FROM 1881 We honored him for his noble and digni- have prepared a brief but none the less -1900. HE WAS NOT A GRADUATE fied character; we loved him for his heartfelt tribute, which with the permis- OF ANY LAW SCHOOL, BUT fraternal spirit. In all the relations and sion of your Honors I will present. “READ THE LAW” IN THE OFFICE duties of life he aimed at what was true OF AN ATTORNEY FRIEND IN To be a good and just judge, a man must and pure and good. His large intellectu- be endowed with many, if not with all, MORGANTOWN, VIRGINIA. FOL- al gifts and liberal culture gave him LOWING ADMISSION TO THE the virtues of mind and disposition. He prominence and power. His fine social must have good practical sense, experi- BAR, HE RELOCATED TO qualities, uniform courtesy, and kindness WINONA, MINNESOTA, AND ence, and understanding, a clear and won the favor of all who knew him. His quick perception of facts, with the power SERVED VARIOUSLY AS A LEGIS- spotless integrity and conscientious fi- LATOR, COUNTY ATTORNEY, of logical arrangement and application delity in the discharge of duty won their of them to the matter in hand, aided and DISTRICT JUDGE AND THEN SU- confidence. It falls to the lot of few men PREME COURT JUSTICE. DURING guided by a thorough knowledge of the to be as universally respected as was law in point. He must be absolutely HIS TIME ON THE COURT, HE Judge Mitchell. GAINED NATIONAL PROMINENCE impartial and free from prejudice. He FOR “CLEAR, LUMINOUS AND must be patient to listen and to learn. He FORCEFUL” OPINIONS, OFTEN That he was a great lawyer and a great must be courageous and firm without CITED BY OTHER COURTS AND jurist, great in legal learning and great in obstinacy but tempered with mercy. His LEGAL SCHOLARS ACROSS THE those qualities of mind and character life conduct must be so exemplary as to COUNTRY. HE WAS CALLED BY essential to judicial eminence, is the preclude the possibility of wrong doing SOME SCHOLARS, ONE OF THE uniform testimony of the Bar of the or wrong thinking. Judge Mitchell pos- BEST JUDGES IN THE COUNTRY. state. In his large and invaluable contri- sessed all these attributes in an eminent bution to the judicial literature of the degree. In his death, Minnesota mourns state and nation, he has shed undying the loss of one of her most beloved and Judicial elections in those days were lustre upon the Bar and the courts with distinguished citizens. partisan. Justice Mitchell had been en- which he was directly related. In losing Minnesota Supreme Court Historical Society Page 3 Major Minnesota Decisions—Highlighting Near v. Minnesota By Steven Aggergaard Of all the cases that Minnesota has sent to took more than 14 minutes for Williams The Minnesota Supreme Court consid- the United States Supreme Court, Near v. to die. ered the Pioneer Press’ detailed descrip- Minnesota, 283 U.S. 697 (1931), is tion of Williams’ execution and, in a among the most noteworthy. In Near, the Although the newspaper accounts eventu- unanimous decision, held that although court derailed an attempt to shut down a ally were credited with prompting the the accounts were true, the newspaper Minneapolis newspaper on grounds it was Minnesota Legislature to eradicate the had abused its “inviolate” free-press right. a “nuisance,” and in doing so used a Min- death penalty in 1911, at the time they As Justice Charles L. Lewis wrote, the nesota case to establish the rule of law violated the “Midnight Assassination Law Pioneer Press had no “constitutional right that prior restraints of speech are uncon- of 1889,” which sought to mitigate the to publish every fact or statement which stitutional. spectacle of executions by banishing may be true” and the Legislature was within its police power to ban expression ALTHOUGH THE CASE’S LEGAL that was “detrimental to public morals.” PRINCIPLE IS NOW WELL-KNOWN, WHAT IS LESS-KNOWN BUT NO With Gitlow still undecided, the Pioneer LESS IMPORTANT IS THE MINNESO- Press had no grounds to file a petition for TA SUPREME COURT’S ROLE IN writ of certiorari.