18393 Court Legacy 2/05

18393 Court Legacy 2/05

The Court Legacy The Historical Society for the United States District Court Vol. XVI, No. 3 for the Eastern District of Michigan ©2009 September 2009 Editor’s Introduction: With the approval and support nearly cost him his career and freedom in one of the of the Judges of the U . S. Bankruptcy Court for the most notorious political trials in American history. Eastern District of Michigan, and under the oversight Forsaking politics, he became a tireless leader of the and supervision of Judge Walter Shapero, Kevin Ball local and national bankruptcy community and of was recruited to write the history of the Bankruptcy many civic and charitable organizations. While he is Court. The following article is a chapter from the book virtually forgotten today, his influence is still felt in which is still in preparation. each of these fields. Early Life and Career 2 Paul King and the Making of Paul King’s family moved often. His father was a surgeon but desired greater fortune than that the Modern Bankruptcy Courts profession provided at the time. Dr. John King’s belief that financial success would be found in By: Kevin Ball 1 farming led the family to Arapahoe County, Nebraska, where Paul was born in a sod Bankruptcy courts have received a fair house in 1879. However, Dr. King’s amount of attention in recent years. expectations of wealth were not While their workings are mystifying to satisfied in Nebraska and the family some, they generally share the prestige moved again, first to Chicago and then enjoyed by other judicial forums. Iowa, before settling in Minnesota. However, that was not always the case. Dr. King died in 1891, when Paul King As originally conceived, bankruptcy law was twelve. Young Paul needed to work was practiced before part-time officials to supplement his mother’s small in private offices often located far from schoolteacher’s income. At fourteen, he the Federal courthouse. found work as a page in the Minnesota House of Representatives. In the early twentieth century especially, bankruptcy courts were commonly In 1897, King’s mother moved the criticized for lax administration, cronyism family to Dowagiac, Michigan, to be and corruption. Paul King saw greater Paul King in 1919, at the time of near her own relatives. King again found his appointment as Referee in potential in the courts. No person in the Bankruptcy in the Eastern District work as a legislative page, this time in first half of the twentieth century had a of Michigan. the Michigan Senate. In a pattern that greater impact on improving the quality would repeat itself throughout his life, and reputation of the bankruptcy courts in the United he quickly gained success through his skillful States than King, who served as Referee in Bankruptcy behind-the-scenes work on behalf of legislative in the Eastern District of Michigan from 1919 until leaders. He advanced to the position of Assistant his death in 1942. Secretary of the Senate in 1901. When the Senate was not in session he served as the Secretary of State’s Paul King made important contributions to the fields private secretary. of politics, public charities and law. He began his career as a Michigan Republican Party official and King was 19 when he graduated from Dowagiac played a key role in securing President William High School, perhaps delayed by his family’s recent Howard Taft’s re-nomination for President in 1912, move and his need to work to support his family. He against Theodore Roosevelt’s insurgent bid to regain did not attend college. Instead, he continued working the office. However, his political endeavors very in the Legislature and studied privately for the bar, a practice that remained common even at the turn of The Historical Society for the United States the twentieth century. He was admitted to practice in District Court for the Eastern District of Michigan 1904, scoring highest of 23 applicants taking Established in 1992 Michigan’s bar examination that year. Thereafter, he BOARD OF TRUSTEES practiced law in Lansing and later Detroit. In 1910, President King married Sarah Bidwell in Lapeer, Michigan. Michael J. Lavoie Together, they would have four daughters. Vice President Brian D. Figot Not unlike his father, Paul King divided his attention Secretary and activities between his chosen profession and other Paula A. Hall endeavors. Though he practiced law, first in Lansing Treasurer and then in Detroit, his interests were increasingly Samuel C. Damren drawn to politics and business. He moved from Executive Director Assistant Secretary of the Senate to Assistant Chief Judith K. Christie Clerk of the Michigan House of Representatives, Cathy Beck before advancing to Chief Clerk in 1909. David G. Chardavoyne In 1907 and 1908, King was the Secretary of the Judith K. Christie Hon. Avern Cohn Michigan Constitutional Convention. He chaired Thomas W. Cranmer Charles Townsend’s campaign for the United States Samuel C. Damren Senate in 1910, and afterward became Secretary of M. Ellen Dennis the Republican State Central Committee. His time Hon. John Feikens Brian D. Figot with the Central Committee was particularly eventful. David A. Gardey In 1912, the Republican Party was divided between Paula A. Hall supporters of the incumbent President, William Alan C. Harnisch Howard Taft, and insurgents who were campaigning John P. Mayer to return his immediate predecessor, Theodore Mrs. Dores M. McCree Hon. Stephen J. Murphy, III Roosevelt, to office. The Party’s State Convention Gregory V. Murray devolved into fisticuffs when one of Taft’s supporters Ross G. Parker physically attacked a speaker advocating Roosevelt’s Jeffrey G. Raphelson candidacy. While the State Police were called to Jeffrey A. Sadowski Matthew Schneider maintain order on the Convention floor, they could Hon. Arthur J. Tarnow do nothing to maintain order in the Party. Michigan’s I.W. Winsten Republicans sent two slates of delegates to the Advisor National Convention in Chicago. David J. Weaver Despite the Roosevelt forces’ insurgent successes, Taft THE COURT LEGACY and his people controlled the national convention. John P. Mayer, Editor King and most of Michigan’s Republican M. Ellen Dennis, Assistant Editor establishment supported Taft. King worked behind Published periodically by The Historical Society for the United the scenes with the President’s campaign to seat States District Court for the Eastern District of Michigan, Michigan’s Taft delegates, helping to assure the Office of the Clerk, Room 216, Theodore Levin United States incumbent’s re-nomination. Courthouse, Detroit, MI 48226-2797. Subscriptions available through any Society membership. By 1912, Paul King had turned his professional Membership benefits include the Newsletter, voting privileges, attention to the world of business, particularly and the Annual Meeting. The Historical Society has extended the benefits of membership to members of the Eastern District railroads. While not abandoning his law practice, of Michigan Chapter of the Federal Bar Association. he became Secretary to the President and General Papers are encouraged to be submitted to the Newsletter editor Manager of the Grand Rapids Railway Company. for consideration as MS Word (preferred) or WordPerfect In 1914, he joined the Grand Rapids, Holland documents to [email protected] or m.ellen.dennis@gmailcom. & Chicago Railroad as its Assistant Secretary- The Court Legacy reserves copyright to authors of signed articles. Permission to reprint a signed article should be Treasurer. By that same year King had gained the obtained directly from the author and The Court Legacy attention o f U. S. District Judge Arthur J. Tuttle of the should be acknowledged in the reprint. Unsigned material may Eastern District of Michigan, who appointed him to be reprinted without permission provided The Court Legacy is given credit. be the operating receiver of the Pere Marquette Railroad, a position he held for three years. Page 2 Crisis: raising, King testified for several days. At the conclusion The 1918 U. S. Senate Election 4 of his direct examination, he collapsed and was hospitalized. The New York Times described it in an In 1918, the Michigan Republican Party’s article dated March 10, 1920 as a nervous breakdown. establishment called on King again, this time to chair Whatever the cause, the prosecution never cross- Truman Newberry’s campaign for election to the examined him. 5 U. S. Senate. It became one of the most notorious The jury (ten of twelve of whom professed at voir dire political contests in the State’s history, and it nearly to be Republicans) deliberated for less than two days destroyed King’s career. Newberry was heir to one of before returning verdicts against King, Newberry, and Detroit’s great fortunes, an early investor in the seventeen others on the first count of the indictment. Packard Motor Company, and a former Secretary of King was sentenced to two years in Leavenworth the Navy for Theodore Roosevelt. Two former Penitentiary, Kansas, and fined $10,000. He made a governors and auto pioneer Henry Ford opposed statement protesting the verdict the next day: Newberry in the Republican primary. Ford wished to appear non-partisan and so also ran in the No jury and no court can make a criminal out of me Democratic primary. Newberry won the Republican nor out of my splendid associates ...There is, thank nomination, Ford the Democratic one. God, another day and another court, in which justice will ultimately be done, and this monstrous thing King’s diligence as Newberry’s manager resulted in made right. ..There was not a single act of corruption the great crisis of his adult life. Newberry’s election in the Senatorial campaign, and the final result will campaign was dogged by rumors of massive demonstrate that this was the cleanest campaign ever spending.

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