Then & Now: Stories of Law and Progress
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Chicago-Kent College of Law Scholarly Commons @ IIT Chicago-Kent College of Law 125th Anniversary Materials 125th Anniversary 2-23-2013 Then & Now: Stories of Law and Progress Lori B. Andrews Chicago-Kent College of Law, [email protected] Sarah K. Harding Chicago-Kent College of Law, [email protected] Follow this and additional works at: https://scholarship.kentlaw.iit.edu/docs_125 Part of the Legal Commons, Legal Education Commons, and the Legal History Commons Recommended Citation Andrews, Lori B. and Harding, Sarah K., "Then & Now: Stories of Law and Progress" (2013). 125th Anniversary Materials. 14. https://scholarship.kentlaw.iit.edu/docs_125/14 This Article is brought to you for free and open access by the 125th Anniversary at Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in 125th Anniversary Materials by an authorized administrator of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. Then & Now: Stories of Law and Progress Then & Now: Stories of Law and Progress On the Occasion of the 125th Anniversary of IIT Chicago-Kent College of Law Lori Andrews and Sarah Harding Editors Then & Now: Stories of Law and Progress On the Occasion of the 125th Anniversary of IIT Chicago-Kent College of Law Layout Design Daniel Saunders Cover Design Kym Abrams Design Cover Photos Back cover, left to right: “First woman jury, Los Angeles” (p. 66); Grand Pacific Hotel, LaSalle St. and Jack- son Blvd. (p. 94); John Montgomery Ward (p. 44). Front cover, left to right: “Rookery Building, exterior” (p. 16); Robert S. Abbott, 1899 graduate of Kent Col- lege of Law, undated photo courtesy of the Chicago Defender, image cropped; Law Library of the Library of Congress in the U.S. Capitol (p. 88). Background: Current photo of 10th Floor Reading Room, Library, Chicago-Kent College of Law. Table of Contents Introduction 1 CHICAGO’S “GREAT BOODLE TRIAL” 4 Todd Haugh THE ROOKERY BUILDING AND CHICAGO-KENT 14 A. Dan Tarlock INVENTING LEGAL AID: WOMEN AND LAY LAWYERING 18 Felice Batlan WHAT’S A TELEGRAM? 26 Henry H. Perritt, Jr. PRIVACY AND TECHNOLOGY: A 125-YEAR REVIEW 34 Lori Andrews JOHN MONTGOMERY WARD: THE LAWYER WHO TOOK ON BASEBALL 44 Christopher W. Schmidt U.S. ANTITRUST: FROM SHOT IN THE DARK TO GLOBAL LEADERSHIP 52 David J. Gerber THE LEGACY OF IN RE NEAGLE 60 Harold J. Krent THE CHANGING COMPOSITION OF THE AMERICAN JURY 66 Nancy S. Marder CRIMINAL PROCEDURE AND THE SUPREME COURT—THEN AND NOW 76 David Rudstein A “PROGRESSIVE CONTRACTION OF JURISDICTION”: THE MAKING OF THE MODERN SUPREME COURT 80 Carolyn Shapiro 125 YEARS OF LAW BOOKS, 1888–2013 88 Keith Ann Stiverson CHICAGO-KENT: 125 YEARS AND COUNTING 94 Ralph L. Brill Introduction hen students entered the chambers of Judge Joseph Meade Bailey in 1888 for the educational adventure that was later to become known as Chicago-Kent College of Law, the entire English and WAmerican legal opus fit in 600 volumes. Chatter inside the chambers might have centered on the infamous “Great Boodle Trial,” one of the first public corruption trials in Chicago, or the new Rookery Building being built just a block north on LaSalle Street. More serious discussion might have turned to basic questions about the Constitution and the highest court of the land. Should the Bill of Rights be applied to the States? Should everyone have the right to have their cases heard by the U.S. Supreme Court? Outside the judge’s chambers, students were faced with a world of new technologies (the telegram, the portable camera, skyscraping architecture) and fast-evolving legal questions. Rapid industrialization and the monopo- listic tendencies of major enterprises, particularly the railroads centered in the Midwest, were pushing Congress towards the passage of a path breaking “anti-trust” law. Women were permitted to enroll in the early law classes held in Judge Bailey’s chambers and they were increasingly involved in providing legal aid to the poor through the Protective Agency for Women and Chil- dren, but were denied the right to sit on juries. And while Albert Goodwill Spalding, owner of the Chicago White Stockings, and John Montgomery Ward, the nation’s most famous shortstop, were battling over player labor issues, post–Civil War tensions were still simmering in a scandalous case that pitted California against the President. Since those early classes in the late nineteenth century, IIT Chicago-Kent graduates have mastered the law and served their clients in all 50 states and around the world. They have joined big firms, formed their own firms, -cre ated businesses, been appointed to the bench, served as legislators, argued in the Supreme Court, joined the media, and won awards for their ideas and their representation. They have changed the law and changed the world. And now, 125 years after the law school was founded, we celebrate the tenacity and success of this great Chicago institution and its alumni with tales span- ning 125 years of law and change. Lori Andrews and Sarah Harding 1 2 • 3 4 Then & Now: Stories of Law and Progress “The Boodle Aldermen: Each sat in his particular oven,” cartoon by Art Young, 1892. CHICAGO’S “GREAT BOODLE TRIAL” Todd Haugh n late-August 1887, as some of Sheriff Matson, please accept my Chicago-Kent College of Law’s thanks for the bath, but I have first students were beginning concluded it in British waters. Oh Itheir studies in the chambers of Ed, I wish you were here with me! Judge Joseph Bailey, a bottle carrying Goodbye till we meet! a handwritten note bobbed across Lake Michigan. Found on the shores The note’s author was William of Grand Haven, Michigan, the bot- J. McGarigle, and he had reason to tle and its contents were rushed to gloat. A former Cook County Com- a reporter for the then-fledgling missioner and warden of the Cook Chicago Daily Tribune newspaper. County Hospital, McGarigle had Thrilled to have scooped the com- successfully fled police custody af- petition, the Tribune published the ter being convicted on corruption note the next day as an exclusive: charges and sentenced to three years in prison. McGarigle escaped by To my friends in Chicago: A duping the Sheriff of Cook Coun- few more hours and I will be safe ty, Canute Matson, into allowing through the straits and in Canada. him a visit with his wife and kids at Todd Haugh 5 their Lakeview home. After asking McGarigle, Ed McDonald, and to take a bath to “freshen up,” Mc- Big Mike McDonald form the nu- Garigle slipped out a window, made cleus of a fantastic story of proudly his way to a schooner docked along corrupt politicians, seemingly-righ- the south branch of the Chicago Riv- teous reformers, bag men, kidnap- er, and sailed out into the lake and pers, and suckered citizens, revealed through the Straits of Mackinaw to through the testimony of the “Great Canadian waters. Boodle Trial” of 1887. The “most Slipping past the patrol boats, sensational corruption scandal of knowing he was about to be a free the late nineteenth century,” the man (Canada had no extradition Boodle Trial offers a glimpse into the treaty with the U.S. at the time), Mc- crooked machine politics of early Garigle must have chuckled as he Chicago and the equally underhand- threw the bottle overboard. When ed tactics of overzealous reformers. found, the note would not only put Called by some a “corrective anti- a thorn in the backside of Matson dote” to “[a]n epidemic of fraud,” and the entire sheriff’s office, but it the trial helped galvanize the reform would surely put a smile on the face movement in Chicago, proving that of his friend, Edward McDonald. even well-connected Chicago politi- The “Ed” from the note, McDonald cians could be brought to justice. At was McGarigle’s co-defendant, fel- the same time, it demonstrated the low county commissioner, and now lengths—some say necessary; oth- former cellmate. Keeping McDonald ers say illegal—reformers would go in good spirits hadn’t been easy as in the pursuit of their goals. Finally, the summer humidity in their cells the trial reminds us of just how en- climbed and a transfer to the Joliet trenched corruption is in Chicago Penitentiary loomed, but McGari- politics. As dramatic as it was at the gle did his best. The truth was, Ed time, the trial may have been the McDonald’s happiness mattered. As beginning, not the end, of Chicago’s a long-time board member and the legacy of corruption. Cook County Hospital’s engineer, he knew every detail of the swin- hicago’s Great Boodle Trial, dles that landed them and the other Cwhich began on June 4, 1887, was county commissioners in jail. But actually two “prolonged and tedious more importantly, he was brother to trials.” The first trial pitted State’s Michael “Big Mike” or “King Mike” Attorney Julius Grinnell against McDonald, boss of the Chicago McGarigle and Ed McDonald; the Democratic Machine and the city’s second was against over a dozen first politician gangster. other commissioners and private contractors in an “omnibus” pro- 6 Then & Now: Stories of Law and Progress ceeding. Both cases centered around ews, cousins, and friends, all using the same allegations of public cor- taxpayer money. The asylum’s drug ruption. According to prosecutors, store and infirmary served as the a ring of crooked commissioners “clubhouse” for the ring of com- took control of the Cook County missioners.