I --~---rr-----------'-'---"----'--'-----", II .. --.-.--.-.-------.--.--.-.--.---.-... -.----.--.---.--.. ----.--.----.:.-.- .. -.--... I i ----- I ---.-.... -.----.--.-.---... --- .......----- ------------... - -.... ----.-.--.. -.----.--.-.. - .. - .-....... --.. -... --~.--.. ---.. I 2 UNITED STATES DISfRICT COURT 3 DISTRICT OF NEBRASKA 4 5 6 7 INSTALLATION OF HONORABLE ALBERT G~ SCHATZ 8 9 as 10 111 UNITED STATES DISTRICT JUDGE 12 13 for the 14 DISTRICT OF NEBRASKA 16 17 18 19 20 DATE: May 25, 1973 21 TIME: 2:00 oJclock p.m. 22 PLACE: United States District 23 Court Room Omaha, Nebraska 24 2S =+~=_. _~-=-~=-2 ___' ...... .__ .... .................................................... __ 1 !i THE UNITED ST.A TES Ni1\RSH.AL: Hear Ye! I Hear Ye! Hear Yel This ceremonial sitting of the Federal Judges of the United States District Court for the District of Nebraska will now be in session. God Save the United States and its Courts. -,QHIEF JUDGE URBOM: It is fitting to take note that the opening of the court could not be done today by our United States Marshal because of his wounding. We are .,. ,sorry that that is true. We are gathered for the purpose of administering the oath of office to one who has been appointed by the President of th~ United States to fill the vacancy left by the death of the late and honored Judge Dier. It is the information of the Court that the President of the United States has nominated Albert G. Schatz to be United States District Judge. The Senate of the United States has confirn1ed that nomination and the appointment has now been n1ade. The commission which has already gone to Mr Schatz and will be retained by him temporarily is in the 21 hands of the Clerk of the Court, and I will ask the Clerk 22 now to read that commission. MR~ RICHARD PECK: If it please the Court: 25 ~. 13 --i--------------------------------.:....------------.-------------------.----.----------- i ------- 1 !IiI RICHARD NIXON '\ i; 2 ;j President of the United States of America. II I 311 To all who shall see these Presents, Greetings: I 4 I KNOW YE: That reposing special trust and 5 I confidence in the Wisdom, Uprightness, and I 611, :~arning of ALBERT G~ SCHATZ of Nebraska, I! , 7 I have nominated, and, by and with the advice 8 and consent of the Senate, do appoint him United States District Judge of the District of Nebraska, and do authorize and empower him to execute and fulfil the duties of that Office according to the Constitution and the laws of the said United States, and to Have and to Hold the said Office, with all the powers, privileges and emoluments to the same of right appertaining, and unto Him, the said Albert Go Schatz during his good behavior. IN TESTIMONY WHEREOF, I have caused these letters to be made patent and the seal of the 20 Department of Justice to be hereunto affixed. 21 Done at the City of Washington this 11th day of May, in the year of Our Lord One Thousand Nine-Hundred and Seventy-Three, and of the independence of the United States of 25 I I An1erica, the lY7th. -·--------·-···-----·---r··-----·· ; 4 ---------11-1-----------.-----.----.---.-.--.---- .. ----------.---------.-- .-.-----.---------... - ----.-.... --i·----·-····---· I I 1 (Signed) Richard Nixon. I 2 (Countersigned) Richard D. Kleindienst, 3 Attorney General. 4 JUDGE URBOM: Thank you, Wlr. Peck. 5 Mr. Schatz, are you now ready to receive 6 the oath of office? 7 MIt., SCHATZ: Yes, Your Honor. 8 JUDGE URBOM: Ladies and gentlemen, will you 9 stand, please? 10 Raise your right hand, sir, and repeat after 11 me: I, Albert Go' Schatz, do solemnly swear that I 13 will administer justice without respect to persons 14 and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and 16 perform all of the duties incumbent upon n1e as 17 United States District Judge, according to the best 18 of my abilities and understanding, agreeably to the 19 20 Constitution and laws of the United States; that I 21 will support and defend the Constitution of the 22 United States against all enemies, foreign and 23 domestic; that I will bear true faith and 24 allegiance to the same; that I take this obligation 25 freely without any mental reservation or purpose ---4---------------------------------------.------------------------- ____ ~-------J 5 , 1 II of evasion; and that I will well and faithfully I ;1 2 'i discharge the duties of the office upon which I il 'I -811 am about to enter. 4 II .SO HELP ME GOD~ I'.j 511 JUDGE URBOM: Judge Schatz, I now invite you to 611 . - 11 take the robe of your office with the assistance of Mr. 711 Harry Welch, your former law partner, and your son, 8 II 1 Greg. 9 I I JUDGE SCHATZ: Thank you. 10 II JUDGE URBOM: You may be seated. II II I i Ladies and gentlemen, 1 apologize for not 12 ! 1311 having mentioned it earlier. Photographs are not permitted during the ceremony 0 When the ceremony is 141 completed and the court is recessed, you then may take 15 '! I photographs, and not until. 16 I Judge Schatz, will you join us at the bench, - 17 pleaseo 18 Judge Schatz, I am particularly pleased to be able to welcome you as a member of the federal judiciary of Nebraska. 21 I want to read to you a poem. It says two 22 , 23 things to me, which I shall mention when I have completed 24 the poem, and I hope those two things may be n1eaningful 25 to you, as well. ,II .' - - I 6 ---tt - .---.------.-.-----.-.-----.--.----.-- .. --.. -.-.-'- .~.-.-.-.... --.----.--+----. Ii I 1 Ii Car I Sandburg wrote this: I !I 2 iI ii II "What is a judge? .A judge is a seated torso and :J 3 I' head sworn before God never to sell !I justice nor play favorites while he 4 II umpires the disputes brought before him. 'I 5 I "What is a judge? The perfect judge is austere, 11 'impersonal, impartial, marking the line of 611 right or wrong by a hairsbreadth. ,.Bet9re him, bow humbly, bow low, be a pilgrim, 711 light a candle For he is a rara avis, a rare bird, a white 811 blackbird, a snowwhite crow. 9\1 "What is a judge? One may be the owner of himself coming to his decisions often in a blur of hesitations knowing by what snarled courses 10 II h and ropes of reason justice operates, with 11 j! reservations, in twilight zones. II II 12 il "What is a judge? Another owns no more than the Ii little finger of himself, others owning him, 13 others having placed him where he is, 11 others telling him what they want and getting t 14 II it, others referring to him as 10ur judge II as though he is meas ured and weighed 15 11 beforehand the same as a stockyards hog, II others holding him to decisions evasive 16 of right to wrong, others writing his 11 decisions for him, the atmosphere hushed . 1711 and guarded, the atmosphere having a faint stockyards perfume. '8 Ij 1 il "What is a Judge? 19 . He is a man. 11 Yes, after all, and no matter what, 20 II and beyond all procedures and investitures, q a judge is nothing more nor less than a man -­ 21 II one man having his one-man path, his one-man circle and orbit among other 22 ITlen each of whom is one man. I 23 1 1 Therefore should any judge open his mouth 1 and speak as though his words have an 2L1 I ~ Ii added light and weight beyond the speech of one man?" 25 11 ----------------1 -II 7 I suggest that that says two things: It says that a judgeship is measured by the man. The dimensions of your judgeship, Judge Schatz, will be your dimensions. I grant that a judgeship gives more to a man and to his decisions than the" man alone gives, but what it gives principally is n1agnification. What·he"'does is felt more widely and deeply because he is a judge, but no judgeship lifts the man materially. He is 9 no better and no wiser because of his wearing his robe. 101 ," .... ,,:' Secondly, I think this poem suggests the 1I HI aloneness of the decisions you make. They will be your 121 decisions. And that at once is both frightening and 13 exhilarating. 14. L I guess I might try to give you the assurance, Ii IS II however, that however responsible you alone are for those IS II decisions you will make, you have available, at least, the 17 II thoughts that other judges have had touching the subjects 18 1 . 1 that you must wrestle with in your judgeship. To that I 19 I extent, you are not alone. I 20 II More than that~ I want to pledge to you the 21 full assistance of every United States District Judge in 22 Nebraska, and I think I fairly can pledge to you the 23 I wholehearted support of every United States District Judge 24 Ii - II in the United States of America for anything that you need. I, 25 11 It is that kind of group, Judge Schatz, where nothing is' held d I' II I 8 it I 11I, back and all is presented to you if you will ask for that il assistance. -2 Iii' 31 I want to now call upon and recognize Judge I,1 4 il Donald P. Lay of the Eight~ Circuit Court of Appeals. 5 I Judge Lay. , . 6 II II JUDGE LA. Y: May it please the Court, Judge 7/ Urbain 1 'Ladies and Gentlemen: I 8 I bring greetings of the Court of Appeals of 9 the Eighth Circuit.