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A History United States Court Eastern District of New York

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A History United States Court Eastern District of New York -----------~ -------------~~---- ........... -----------------~ A HISTORY OF THE UNITED STATES COURT FOR THE EASTERN DISTRICT OF NEW YORK To Commemorate and to Celebrate a Centennium l 1865-1965 i t I Published in the Public Interest by the ~ FEDERAL BAR ASSOCIATION OF NEW YORK, I ' NEW JERSEY & CONNECTICU! One Wall Street, New York 5, N.Y. CONTENTS Frontispiece THE COURT'S NEW HOME 5 THE BENCH 1865-1965 7 A COURT IS BORN SAMUEL C. DOBERSTEIN 12 THE PAST BENCH OF THE COURT Editor, and Chairman Centennial Committee 16 ADMIRALTY 21 THE BANKRUPTCY PART OF THE COURT 25 CIVIL RIGHTS 28 THE CRIMINAL DIVISION OF THE COURT 34 NATIONALITY AND NATURALIZATION 35 PATENT LAW AND LITIGATION 39 THE DEVELOPMENT OF THE DISTRICT, & THE GROWTH OF THE COURT 47 THE PRESENT BENCH 54 THE CASELOAD OF THE COURT 63 THE FUTURE OUT OF THE COURT'S PAST The Bench of the Court 1865-1965 CHARLES L. B~NEDicr AsA W. TENNEY EDWARD B. THOMAS THOMAS I. CHATFI~LD VAN V~CHUN V~Da EDWIN L. GARviN MARCUS B. CAMPB~LL RoBaT A. INCH GROVER M. Moscowrrz CLAR~NCE G. GALSTON MoRTIMa W. BY~RS MATTHEW T. ABRuzzo• HAROLD M. KENNEDY Loo F. RAYFIHL• WALTa BRUCHHAUSEN• JOSEPH c. ZAVATT· JOHN R. BARULS• JACOB MISHLER• JOHN F. DooLING, JR •• GooRGE RosuNo• • 1be present Bench. A Court is Born* ilE YEAR WAS 1865. The place was Washington, D.C. The occasion T was a session of the United States Senate. The matter under consideration was the great commercial Port of New York, and a proposed bill to establish an additional United States District Court to deal with its admiralty litigation. "This proposed Bill," the Senator from Connecticut was arguing sarcastically, "creates what is called 'an eastern district of New York.' The whole supply of business for it will come from the Port of New York; and we shall have the strange spectacle of two Federal judicial establishments within three miles of each other in competition for business.'' A member of the House of Representatives from the City of Brooklyn had introduced "A bill to facilitate proceedings in admiralty in the Port of New York," which proposed to remove Staten Island and The Long Island from the Southern District of New York, to become the "Eastern District of New York.'' The House had honored it as "local legislation.'' It was before the Senate at this point, and the Senator from Connecticut was pointing out the mischiefs that could grow out of it. He railed at lawyers who controlled admiralty liti­ gation, and who tried or adjourned admiralty causes at each other's convenience but at the court's inconvenience, and who would make the law's delays the worse if they had to journey between the Island of Manhattan and the City of Brooklyn on their Jaw business. He argued that Congress would expedite admiralty litigation by creating an addition­ al judgeship for the existing Southern District, rather than by an additional district in which to delay and procrastinate. When the Senator from New York spoke in the matter, in opposition, he referred to a Connecticut judge, who had been sitting in the New York District as a visiting judge, at a per diem that had enriched him yearly by several thousands over and above ,his Connecticut salary. "Politics!" the New York Senator chided. The Senate voted 26 to 7, and confirmed the privilege of a senator to solve the internal problems of his own state. Thus, in the 38th • By Bernard A. Grossman, past president, Federal Bar Association of New York, New Jersey and Connecticut. 7 Congress, in the year 1865, the Senate and House of Representatives of the United States passed an Act, and President Lincoln signed it Supervisors' Room in the Brooklyn County Court House and it was (13 Stat 438) creating the United States District Court for the Eastern there that Judge Benedict opened the court by reading the Act con­ District of New York. stituting the Eastern District. Immediately thereafter, he swore in the Court Clerk, the United States Attorney and the Marshal of the new District. Inasmuch as the new court had no rules, Judge As follows: Benedict announced that until otherwise ordered, the rules of the "BE IT ENACTED by the Senate and House of Representatives of the Southern District would be the rules of the Court, and that court United States of America in Congress assembled, sessions would be held from noon until 4, and that the Judge would That the Counties of Kings, Queens, Suffolk and Richmond' in the State attend to chamber business from 10 till noon. And he further an­ of New York, with the waters thereof, nounced that all persons present, who were admitted in the New York State Supreme Court or in other Federal courts would be Are hereby constituted a separate judicial district of the United States, to similarly admitted as attorneys, solicitors, proctors, and advocates of be styled the Eastern District of New York ... the new Court. The newly sworn-in United States Attorney thereupon BE IT FURTHER ENACTED, that the district court for the said Eastern moved the admission of 41 gentlemen, who took their oath of office, District shall have concurrent jurisdiction with the district court for the four at a time. However, the new court was not as yet stocked with Southern District of New York over the waters within the counties of New oath-of-allegiance forms, and the new Clerk had not as yet opened a York, Kings, Queens and Suffolk, in the State of New York ... Register of Attorneys. Hence, the formalities of admission could not BE IT FURTHER ENACTED, that in case of the inability on account of then be completed. There being no further matters that the court was sickness ... (or) whenever from pressure of public business or other cause then in a position to proceed with, Judge Benedict closed the court's it shall be deemed desirable by the judge of said southern district that th~ March term, and announced that the court's next term would open on judge of said eastern district perform the duties of a judge in said southern the first Wednesday in April, at a place to be fixed later, and with due district, an order may be entered to that effect in the records of said district notice of same to be advertised in the newspapers. court, and thereupon, the judge of said eastern district shall be empowered to do and perform, without additional compensation, within said southern Thus, the first session of the new court closed. district of New York, all the acts and duties of a district judge thereof. Thereafter, the United States Marshal found space for the sessions APPROVED: February 25, 1865." of the court in one of the trial rooms of the County Courthouse. The Court's Clerk, the United States Marshal and the United States At­ torney found offices at 44 Court Street. In 1867, after two years of The first judge of the new court was Charles L. Benedict. He was tenancy in the County Courthouse, by courtesy, and still without a appointed March 9, 1865; sworn in March 20th; and began his official home, the sessions of the court were removed to a room which had career without an official courtroom or even an official courthouse; formerly been Dodsworth's Dancing Academy, and its Clerk, At­ without a bar, and without rules of court to guide them; without dockets torney and Marshall moved their offices to No. 189 Montague Street. and files, and without a staff to make entries in them. Periodically, the Judge wrote officialdom in Washington, protesting. The first session of this new court was advertised to be held on March 22, 1865 in the Governors' Room, at the Brooklyn City Hall, Under date of October 10, 1865 he wrote: at noon. As reported in the next day's issue of the New York Times, "The Department of the Interior has not as yet taken any steps to provide a large gathering of members of the bar, and other spectators collected. rooms for the use of the court, although it has been organized since March However, the room had no accommodations for the proceeding since last, and although the Marshal has transmitted proposals conforming to the rules of the Department. It seems to me that justice to the court requires the only furniture consisted of a table and four chairs. One of the that it should be furnished with proper rooms, and that without further Kings County supervisors then invited the court to repair to the delay, as the temporary arrangement made by the Marshal in the emergency cannot be long continued. 1. At the date of this legislation Nassau County had not yet been organized I remain, Your obt servant, Chas. L. Benedict, USDJ" 8 9 The Homes of the Court 1964-The New Conrtlwu.1e N THE DATE it was first convened, the court for the Eastern District AT .LONG LAST, the Court has now been provided with a home of O of New York was a court Without a home. It first sat in the .Ll. Its own. County Courthouse. It then occupied a room in the City Court of The new, magnificent home for the United States Court for the Brooklyn. From April, 1867 to March, 1873, it had quarters at 189 Eastern District of New York, in the Brooklyn Civic Center, is shown Montague Street; then, until 1891, at 168 Montague Street. From 1891 at the frontispiece. Set up against the past, it is like beautiful poetry to 1892 it sat in the backyard, in a building erected there for it, behind against commonplace prose.
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