WfrM/ University of California Berkeley Regional Oral History Office University of California The Bancroft Library Berkeley, California Northern California U.S. District Court Series Alfonso J. Zirpoli FAITH IN JUSTICE: ALFONSO J. ZIRPOLI AND THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Interviews Conducted by Sarah. L. Sharp 1982-83 Copyright (c) 1984 by the Regents of the University of California All uses of this manuscript are covered by a legal agreement between the Regents of the University of California and Alfonso J. Zirpoli dated June 6, 1983. The- manuscript is thereby made available for research purposes. All literary rights in the manuscript, including the right to publish, are reserved to The Bancroft Library of the University of California Berkeley No part of the manuscript may be quoted for publication without the written permission of the Director of The Bancroft Library of the University of California at Berkeley. Requests for permission to quote for publication should be addressed to the Regional Oral History Office, 486 Library, and should include identification of the specific passages to be quoted, anticipated use of the passages, and identification of the user. The legal agreement with Alfonso J. Zirpoli requires that he be notified of the request and allowed thirty days in which to respond. It is recommended that this oral history be cited as follows : Alfonso J. Zirpoli, "Faith in Justice: Alfonso J. Zirpoli and The United States District Court for the Northern District of California," an oral history conducted 1982-83 by Sarah L. Sharp, Regional Oral History Office, The Bancroft Library, University of California, Berkeley, 1984. Copy No. ALFONSO J. ZIRPOLI ca. 1972 TABLE OF CONTENTS Alfonso J, Zirpoli PREFACE i INTERVIEW HISTORY ill I CHILDHOOD AND YOUTHS MIDWEST TO FURTHER WEST 1 II YOUNG ATTORNEY IN SAN FRANCISCO, 1928-1933 9 Early Practice; Friendship with A. P. Giannini and the Bank of Italy 9 Additional Notes on Family and the Italian Community 19 A. P. s Proxy Fight; "Back to Good Times" 24 The Investigation and Impeachment of Judge Harold Louderback 27 III YEARS AS ASSISTANT UNITED STATES ATTORNEY, 1933-1944 34 Cops and Robbers: The "Baby Face" Nelson/ "Fatso" Negri Cases 34 Preliminaries 34 Unraveling the Tale 37 Habeas Corpus Questions and Alcatraz Island Prison 51 Further Notes on Judge Louderback: The Herbert Fleishhacker Embezzlement Trial 56 The Northern District during World War II 58 The Alien Enemy Control Board 58 U.S. v. Fred Toyosaburo Korematsu 75 In the Matter of the Application of Mitsuye Endo for a Writ of Habeas Corpus 83 IV THE INTERIM YEARS, 1944-1961 89 Tokyo Rose and Other Prisoner of War Cases 89 Comments on Political Activities; Changes in North Beach 95 Origins of the Indigent Defendant Program 102 Lawyer Delegate to the Ninth Circuit Judicial Conference 106 Interlude on the San Francisco Board of Supervisors 108 V ON THE BENCH OF THE NORTHERN DISTRICT 115 Appointment in 1961 and Transition 115 Changes in the Code of Civil Procedure 122 Sampling Antitrust Cases: From Electrical Equipment to Wall Products 124 General Concerns in the Area of Antitrust 138 VI THE JUDICIAL CONFERENCE OF THE UNITED STATES, 1962-1982 148 Perspectives on the Work of the Conference: Membership on the Advisory Committee on Federal Criminal Rules and the Committee on the Administration of the Criminal Law 148 The Federal Magistrates Act 160 Modernizing the Rules 161 Sentencing and the Sentencing Commission 167 VII THE NORTHERN DISTRICT COURT 171 Friendship and Service with William T, Sweigert 171 Courtroom Comments: Lawyers Styles and Juries 173 Conscientious Objection and Selective Conscientious Objection: U. S. v. McFadden and Other Cases 177 Tempers of the Changing Times 189 The Issue of Draft Resistance 194 A Note on Law Clerks 199 Judge Sweigert and the War in Vietnam 200 The Court in Wartime 204 Welfare and Aid to Families with Dependent Children 205 Substantive and Administrative Changes within the Court Since 1961 207 Issues for the Ninth Circuit Judicial Conference: Sentencing Institutes , Diversity Jurisdiction 215 Further Thoughts on Juries 217 Prisoners Rights and the Court s Role: Examples from Santa Rita and San Quentin 220 The Death Penalty 223 Aid to Families with Dependent Children: State and Federal Responsibilities 225 Comparing the District Court and the Court of Appeals 229 The Craft of Trial Court Judging 232 TAPE GUIDE 239 APPENDIX 240 INDEX 245 PREFACE The Historical Society of the United States District Court for the Northern District of California is a non-profit organization established by federal practitioners and judges and is dedicated to preserve and develop the history of this court. The Society s goals are threefold: 1) to marshal the sources for historical study of the District; 2) to initiate and encourage comprehensive and scholarly study of the court; and 3) to develop inter pretive programs and exhibits making the fruits of this research accessible and meaningful to the legal community and the general public. In 1980 this series of oral histories conducted by The Bancroft Library was initiated as an important effort in the furtherance of the Society s objectives. By preserving the personal reminiscences of individuals whose experiences and memory can yield valuable "oral evidence" of the court s history, the Society hopes to enhance and amplify the written record. In addition to historical study of the District, the Society hopes to promote greater public understanding and appreciation of the role of the federal judiciary. Except for those involved in the legal process, the operation, significance, and impact of federal trial courts remains largely a mystery to most Americans. By focusing on the history and activities of the Northern District, the Society hopes to bridge this gap between the legal and lay world and even encourage other District courts to initiate similar efforts. As the nation nears the 200th anniversary of the ratification of the United States Constitution, it is an appropriate time to raise the level of public understanding by placing the contemporary role of district courts in historical perspective. Thanks are due to the foresight and generosity of the individuals and organizations whose support make this work possible. Robert Peckham, Historical Society of the U.S. District Court, Northern District of California San Francisco, California April, 1981 ii NORTHERN CALIFORNIA U.S. DISTRICT COURT SERIES Interviews Completed and In Process, 1984 and Harris, George B. , Memories of San Francisco Legal Practice and State Federal Courts, I920s-I960s Phleger, Herman, Observations on the U.S. District Court for the Northern District of California, 1900-1940 Sweigert, William T. , Sr. In process. A in Wollenberg, Albert C. , Sr, , To Do the Job Well: Life Legislative, Judicial, and Community Service the United Zirpoli, Alfonso J. , Faith in Justice: Alfonso J. Zirpoli and States District Court for the Northern District of California iii INTERVIEW HISTORY Researchers interested in the history of the United States District Court for the Northern District of California, and in the evolution of the modern federal district court, are fortunate to now have available four oral histories conducted with individuals long associated with the Court: Herman Phleger , George B. Harris, Albert C. Wollenberg, Sr. , and, in this volume, Alfonso J. Zirpoli. In addition, an oral history completed with William T. Sweigert, a recently deceased Northern District Court judge, under the auspices of both the Court and the Earl Warren Era project, is in its final stages of production and will be available in late 198U. Since 1980 the Northern District Court has worked with the Regional Oral History Office to research and prepare oral history memoirs with some of the Court s distinguished attorneys and judges. These oral histories are part of a unique effort on the part of the Historical Society of the United States District Court for the Northern District of California to collect materials relevant to the Court s history. These interviews complement each other in their discussion of critical themes and topics. Alfonso Joseph Zirpoli has been a judge of the Northern District since 196l, and is currently serving on senior status. The memoir opens with Zirpoli s recollections of his arrival in San Francisco from Denver in 1918 as a young boy, with his mother and younger brother, Armando, to meet their father who had come out earlier to assume a new position at the Italian consulate. Both boys matriculated through San Francisco grammar and high schools. As Zirpoli characterizes Washington Grammar School, "When you graduated from that school, you either ended up in San Quentin or you were employed by the Bank of Italy." Zirpoli dates his interest in the law from his father s own enthusiasm for it and his experiences in the debating society at Lowell High School. As he reminisces about his youth, the reader can imagine life in Italian North Beach in the period after World War I. This young Italian American opened his first law office in North Beach and counseled many Italian clients. Clearly a highlight of this period for Zirpoli was his warm tutelage became the Bank of under A. P. Giannini , progenitor of the Bank of Italy (which America) and fellow Washington Grammar School graduate, and Zirpoli s efforts on Giannini s behalf in the Democratic party and in the bank s politics, all in the 1930 s. Throughout his life in San Francisco, Zirpoli has kept close ties with the Italian community and he has maintained memberships in numerous Italian associations such as the Italian Mutual Benefit Society, the Italian- American Chamber of Commerce, and II Cenacolo. Several episodes dominate Zirpoli s recollections of his years as an assistant United States attorney in San Francisco between 1933 and 19^^, including his role in the apprehension, investigation, and trials of the iv accomplices of "Baby Face" Nelson; in the hearings before the Alien Enemy Control Board; in the Northern District Court cases of Fred Toyosaburo Korematsu and Mitsuye Endo; and in the courtroom of Harold J.