12
Historical Society News The present is the living sum-total of the whole past - Thomas Carlyle The Historical Society of the United States Courts in the Eighth Circuit Volume Eight 2001 Blackmun Rotunda IN THIS ISSUE... Blackmun Rotunda ............................. 1 Eighth Circuit History Project ................... 3 Court Historians ............................... 3 State and Federal Court Historical Societies Annual Meeting ..................................... 4 Around the Circuit ............................. 5 Arkansas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Arkansas Branch Near Completion of Judicial Biographies Project . . . . . . . . . . . . . . . . . . . . . . . 5 Iowa ........................................ 5 John F. Dillon Essay Competition ........... 5 Minnesota ................................... 6 Judge to Justice: from the Eighth Circuit to the U.S. Supreme Court ....................... 6 Missouri .................................... 6 Limbaugh Rare Book Collection ............ 6 Eagletons Donate “Regionalism” Artwork .... 7 North Dakota ................................ 8 Judge Bright WWII Medal Ceremony ....... 8 In Memoriam .................................. 9 The Honorable D. Brook Bartlett .... . . . . . . . . . . . 9 Portrait Ceremonies ............................ 9 Court of Appeals ............................. 9 Judge C. Arlen Beam ...................... 9 Judge John B. Sanborn, Jr ................ 10 District Courts .............................. 11 District of Minnesota ..................... 11 Judge Edward J. Devitt ............... 11 District of Western Missouri ............... 11 Historical Society Board of Directors ............. 12 T he Blackmun Rotunda on the 27th floor of the Thomas F. Eagleton Courthouse in St. Louis is dedicated to the memory and legacy of Justice Harry A. Blackmun. Justice Blackmun served as a Supreme Court Justice from 1970 until his retirement in 1994. Before that, he served as a judge for the United States Court of Appeals for the Eighth Circuit from 1959 until 1970. While he is best known for his role on the Supreme Court, he also wrote many important decisions as an Eighth Circuit Judge. The Rotunda now houses a permanent display describing Justice Blackmun’s life from the time of his childhood through his retirement from the Supreme Court. The display consists of the Portrait Wall on the north side of the rotunda, and, on the opposite walls, a four panel display that describes four

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Page 1: Volume Eight 2001 Blackmun Rotunda T - United …...2 Volume Eight 2001 phases of Justice Blackmun’s life and career: The Early Years 1901 - 1959, Court of Appeals 1959 - 1970, Supreme

Historical Society NewsThe present is the living sum-total of the whole past - Thomas Carlyle

The Historical Society of the United States Courts in the Eighth Circuit

Volume Eight 2001

Blackmun RotundaIN THIS ISSUE...

Blackmun Rotunda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Eighth Circuit History Project . . . . . . . . . . . . . . . . . . . 3 Court Historians . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 State and Federal Court Historical Societies Annual

Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Around the Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Arkansas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Arkansas Branch Near Completion of JudicialBiographies Project . . . . . . . . . . . . . . . . . . . . . . . 5

Iowa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 John F. Dillon Essay Competition . . . . . . . . . . . 5

Minnesota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Judge to Justice: from the Eighth Circuit to theU.S. Supreme Court . . . . . . . . . . . . . . . . . . . . . . . 6

Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Limbaugh Rare Book Collection . . . . . . . . . . . . 6 Eagletons Donate “Regionalism” Artwork . . . . 7

North Dakota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Judge Bright WWII Medal Ceremony . . . . . . . 8

In Memoriam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 The Honorable D. Brook Bartlett . . . . . . . . . . . . . . . 9

Portrait Ceremonies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Court of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Judge C. Arlen Beam . . . . . . . . . . . . . . . . . . . . . . 9 Judge John B. Sanborn, Jr . . . . . . . . . . . . . . . . 10

District Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 District of Minnesota . . . . . . . . . . . . . . . . . . . . . 11

Judge Edward J. Devitt . . . . . . . . . . . . . . . 11 District of Western Missouri . . . . . . . . . . . . . . . 11

Historical Society Board of Directors . . . . . . . . . . . . . 12

The Blackmun Rotunda on the 27th floor ofthe Thomas F. Eagleton Courthouse in St.Louis is dedicated to the memory and legacy

of Justice Harry A. Blackmun. Justice Blackmunserved as a Supreme Court Justice from 1970 untilhis retirement in 1994. Before that, he served as ajudge for the United States Court of Appeals forthe Eighth Circuit from 1959 until 1970. While heis best known for his role on the Supreme Court,he also wrote many important decisions as anEighth Circuit Judge. The Rotunda now houses apermanent display describing Justice Blackmun’slife from the time of his childhood through hisretirement from the Supreme Court.

The display consists of the Portrait Wall on thenorth side of the rotunda, and, on the oppositewalls, a four panel display that describes four

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phases of Justice Blackmun’s life and career: TheEarly Years 1901 - 1959, Court of Appeals 1959 -1970, Supreme Court 1970 - 1994, and Later Years1994 - 1999. The contents of the display includephotos and memorabilia donated by the Blackmunfamily, as well as various news items andcommentary from those who knew and workedwith Justice Blackmun.

The materials and finishes for the Portrait Wall andthe panel display were chosen to complement andexpress the same strong architectural elements andfinishes found throughout the Thomas F. EagletonCourthouse. Cherry wood paneling provides thebackdrop for Justice Blackmun’s portrait andrecalls the woodwork found in the courtrooms. Cutout stainless steel lettering above the portraitcomplements the warmth of the wood and the oilportrait, while also recalling the white metalaccents found throughout the building.

The four panels that provide the framework onwhich Justice Blackmun’s story is related aremounted to the Rotunda walls with bronze andstainless ornamental hardware. The panelsthemselves are made of layered translucent acrylicand sheer fabric encapsulated resin. Each of thefour panels contains a distinct but subtle silk-screened image that serves as a “place-in-time”

background for the content in that panel. With aneye toward preservation and protection of theoriginals, the photos and memorabilia donatedhave been digitally reproduced and printed onmuseum grade paper for display in the panels.

Additional Blackmun materials, such as awards,magazine covers, and one of his judicial robes arelocated in a hallway adjacent to the Rotunda. Theopposite hallway contains portraits and briefdescriptions of the lives of three other EighthCircuit Judges, Charles E. Whittaker, David J.Brewer, and Willis VanDevanter, who went on toserve as Justices for the U.S. Supreme Court.

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Hon. Richard W. Peterson

There is also a Court of Appeals succession chart,showing names and dates of service for all judgeswho have served on the Eighth Circuit.

The dedication of the Blackmun Rotunda will takeplace on Wednesday, July 11th, at 4:30 p.m. in theEn Banc Courtroom. É

Eighth Circuit HistoryProject

Professor Jeffrey B. Morris has nearlycompleted the draft of an extensive writtenhistory of the U.S. Court of Appeals for the

Eighth Circuit. While the manuscript is not yet inits final form, the Court of Appeals Branch of theHistorical Society expects to submit themanuscript for review by a prospective publisherin the very near future.

Professor Morris is a distinguished legal historianand respected author who is currently Professor ofLaw at the Jacob D. Fuchsberg Law Center ofTouro College in New York. He is a formerJudicial Fellow, and served on the staff of ChiefJustice Warren E. Burger for several years.Professor Morris has also taught at the Universityof Pennsylvania, the City College of the CityUniversity of New York, and Brooklyn LawSchool.

Professor Morris has written or edited more than adozen books, including a fine history of the SecondCircuit entitled, Federal Justice in the SecondCircuit, the revised edition of The Encyclopedia ofAmerican History, and, most recently, Calmly toPoise the Scales of Justice, which was publishedearlier this year and chronicles the history of thecourts of the District of Columbia Circuit.

Professor Morris has been working on preparinghis history of the Eighth Circuit for the pastseveral years, during which time he has conductedextensive research and interviews. ProfessorMorris has visited the circuit on a number ofoccasions as part of his work on this project.

Professor Morris’ history is a natural extension ofthe excellent but abbreviated history entitled, AHistory of the United States Court of Appeals forthe Eighth Circuit, which was authored byTheodore J. Fetter in conjunction with the nation’sbicentennial 25 years ago.É

Court Historians

The Historical Society of the United StatesCourts in the Eighth Circuit has encouragedeach of the federal courts located within the

circuit to consider appointing an official courthistorian to assist the courts with matters relatingto the preservation and celebration of their history.

The first court to appoint such a court historianwas the District of Nebraska which appointedProfessor John R. Wunder of the University ofNebraska-Lincoln as its historian a few years ago.

Professor Wunder ispresently engaged inpreparing a writtenhistory of the court.

More recently, theHonorable RichardW . P e t e r s o n ,attorney and retiredU n i t e d S t a t e sMagistrate Judge ofCouncil Bluffs,Iowa, was appointedcourt historian forthe Southern

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District of Iowa. Judge Peterson had previouslyserved as president of the Historical Society from1989 to 1999.

In making the appointment, Chief Judge Ronald E.Longstaff called upon Judge Peterson to advise thecourt on matters concerning preservation ofmaterials relating to its history, and consult withthe court on appropriate programs, exhibits, andrelated activities that present and celebrate thecourt’s history.

The Historical Society is hopeful that each of thefederal courts throughout the circuit willeventually appoint a court historian to assist andcoordinate the preservation and celebration of ourrich judicial history.É

State and Federal CourtHistorical Societies Annual

Meeting

The Fourth Annual Meeting of state andfederal court historical societies was heldthis past fall in New Orleans in conjunction

with the annual meeting of the AmericanAssociation for State and Local History.

This “conference within a conference” wasattended by a variety of representatives fromacross the country, including the MichiganSupreme Court Historical Society, thePennsylvania Supreme Court Historical Society,the Alabama Bench and Bar Historical Society, theNorth Carolina Supreme Court Historical Society,the Massachusetts Supreme Judicial CourtHistorical Society, and the United States SupremeCourt Historical Society. Additionally, there wereindividuals representing historical societies andprojects involving the Fifth, Eighth, Ninth, andTenth Circuit Courts of Appeal, as well as the

Historical Societies for the U.S. Court for theSouthern District of Indiana and the EasternDistrict of Michigan.

The conference was organized and coordinated byCarol Billings, the director of the Louisiana LawLibrary, and Brad Williams, director of the NinthJudicial Circuit Historical Society.

The conference involved a variety of interestingand helpful presentations relating to the planningand preparation of exhibits, public programming,and outreach programs. There was also a veryhelpful roundtable discussion regarding fund-raising and strategies for strengthening financialsupport. Dr. Frances Ross and Tom Boyd attendedthe conference from the Eighth Circuit.

The Fifth Annual Conference is scheduled to takeplace on September 15, 2001, in conjunction withthis year’s AASLH annual meeting inIndianapolis.É

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Around the Circuit

Arkansas

Arkansas Branches NearCompletion of Judicial

Biographies Project

The Eastern and Western Districts of Arkansasare nearing completion of an ambitious written

history project involving the preparation ofbiographies of all of the federal judges who haveserved in Arkansas during the period covering thetime of Arkansas’ statehood in 1836 through 1960.

This project, which has moved forward under theleadership and direction of the Honorable HenryWoods, will eventually include biographies of 16judges that have been written by a variety ofdistinguished judges and attorneys.

Work on this project initially began back in 1987with a series of oral histories based on interviewswith federal judges in Arkansas. Oral historieshave now been prepared with respect to each of thejudges who had been appointed in the Eastern andWestern Districts up to the early 1990’s.

Professor Frances Ross of the University ofArkansas has coordinated the preparation andediting of these biographies. The HonorableRichard Arnold is preparing a written overview ofthe history of the courts during the correspondingtime frame.

Upon completion of the remaining judicialbiographies, these materials will be submitted forpublication. This work will surely provide aninvaluable resource for scholars, lawyers, andcitizens interested in judicial history.

Iowa

John F. Dillon Essay Competition

The John F. Dillon EssayCompetition is co-

sponsored by the Court ofAppeals Branch of theHistorical Society for theUnited States Courts of theEighth Circuit and the JohnF. Dillon Inn of Court of

Davenport, Iowa. An annual award of $500.00 ispresented to the University of Iowa law studentwho submits the finest paper dealing with legalhistory or jurisprudence.

Judge Dillon had served as a distinguished memberof the Iowa Supreme Court and the United StatesCourt of Appeals for the Eighth Circuit. JudgeDillon left the bench to resume the practice of lawand devote more time to scholarship in a widevariety of areas of the law. Judge Dillon was arenowned expert in municipal law and served aspresident of the American Bar Association. At thetime of his death, Judge Dillon was considered oneof the greatest lawyers and scholars of his time.

The award was originally created through abequest made from the estate of the HonorableJohn F. Dillon at the time of his death in 1914.Judge Dillon established a writing competition atthe University of Iowa to encourage research andscholarship in the fields of legal history andjurisprudence. The Court of Appeals Branch andthe Dillon Inn of Court have resurrected this essaycompetition to encourage these same types ofscholarly activities.

The winner of the award for the 2000-2001academic year is Matthew D. Spohn for his paper

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The Hon. Stephen N. Limbaugh in front of Limbaugh Collection

entitled, Understanding America’s Scenic Parks asCultural Property.

The winner of last year’s award for the 1999-2000academic year was Kyle T. Murray for his paperentitled, Looking for Lochner in All the WrongPlaces: The Iowa Supreme Court and SubstantiveDue Process Review.

The members of the award committee include theHonorable Donald P. Lay, Senior Judge of theUnited States Court of Appeals for the EighthCircuit; Professor Mark Killenbeck of theUniversity of Arkansas Law School; and ThomasH. Boyd, of Winthrop & Weinstine, P.A.

Minnesota

Judge to Justice: from the EighthCircuit to the U.S. Supreme Court

This exhibit is currently housed in the fifth floordisplay case in the U. S. Courthouse in St.

Paul, Minnesota. The display commemorates thelives of the four Eighth Circuit Judges who rose tothe U. S. Supreme Court bench: Harry A.Blackmun, David J. Brewer, Willis Van Devanterand Charles E. Whittaker.

The exhibit consists of biographical material,articles, photos and lists of important decisions. Itwill run indefinitely.

Missouri

Limbaugh Rare Book Collection

The Honorable Stephen N. Limbaugh, Judge forthe Eastern District of Missouri, and other

members of the Limbaugh family, have mostgenerously donated an impressive collection ofrare legal treatises to the United States Court ofAppeals for the Eighth Circuit. This collection wasoriginally owned by Judge Limbaugh’s father, thelate Rush Hudson Limbaugh, Esquire, who hadacquired the books over a period of 50 years. Indonating these rare books, they pass on the legacyof the Limbaugh family for the edification of theEighth Circuit bench and bar.

The collection was officially donated in 1997, butthe books remained in Judge’s Limbaugh’s careuntil the Courts moved to the Thomas F. EagletonU.S. Courthouse, at which time the Eighth CircuitLibrary acquired sufficient space to properly housethem. Actual transfer of the books took place inJanuary, 2001 when the District Court for theEastern District of Missouri moved into the newCourthouse.

The Limbaugh Collection is now on display in theU.S. Courts Library, 8th Circuit, located on the

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22nd floor of the Thomas F. Eagleton U.S.Courthouse in St. Louis, Missouri. The books arehoused in two handsome oak and glass displaycabinets, also donated by the Limbaugh family, inthe Library’s Archives and Rare Books room.Circuit Librarian Ann Fessenden is Curator of thecollection.

The Limbaugh books date back to the 18th and19th centuries and include the classic works ofBlackstone and Coke which are among thecornerstones of Anglo-American law. Most notableare the much sought-after first English andAmerican editions of Sir William Blackstone'sCommentaries on the Laws of England. The firstEnglish edition is a four volume set published inOxford, 1765-69. Though rebound, the volumescontain the original printing. The first Americanedition, published 1771-73 in Philadelphia, hasBlackstone’s four volumes plus a fifth appendixvolume including correspondence betweenBlackstone and others. This set has the originalprinting and casing.

The First Part of the Institutes of the Laws ofEngland, or a Commentary upon Littleton by SirEdward Coke also graces the collection. Publishedin 1738, this is the 12th edition of what is knownas Coke on Littleton. It contains the original text inLatin with Coke’s translation and Coke’s notes.For a listing of the complete collection, pleasecontact the Eighth Circuit Library.

The Limbaugh family’s donation of this importantcollection of rare books will be officiallyacknowledged by the Court sitting En Banc onTuesday, July 10, 2001 at 9 a.m. in the EagletonCourthouse. Speakers will be Chief Circuit JudgeRoger L. Wollman, Judge Stephen N. Limbaugh,Judge Richard S. Arnold and Circuit Librarian AnnFessenden. A reception will follow.

Eagletons Donate “Regionalism”Artwork

The Thomas F. Eagleton U.S. Courthouse in St.Louis, which opened last year, features a

wonderful display of “Regionalism” artcontributed by the building’s namesake, SenatorThomas F. Eagleton, and his wife, Barbara AnnEagleton.

The Eagletons have donated three studies preparedby John Steuart Curry (1897-1946). Curry, alongwith Grant Wood and Thomas Hart Benton,created a uniquely American art in the 1930’s and1940’s, which sought to capture vanishing scenesof rural America as the influences ofindustrialization and urbanism spread across thecountry. The works donated by the Eagletons areCurry’s preparatory studies for large murals ofAmerican historical themes.

Westward Migration (1936) is a celebration of thesettling of the American West that depicts a familyof bold pioneers amidst other settlers using allmanner and means to travel westward. This workwas a study for a mural for the U.S. JusticeDepartment in Washington, D.C.

In another study that was originally intended for amural in the Justice Department, Freeing of theSlaves (1935) depicts the emancipation of slavesand the arrival of European immigrants. A muralreworked from this study was eventually installed

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Hon. Myron H. Bright and Senator Kent Conrad

in the of Wisconsin School

Justice ng Mob Violence features therobed figure a judge the oppressedagainst the violence of vengefulThis provides a illustrule of law in our country.

These studies provide a thought-provokingdition to this magnificent new federal

courthouse.

Judge Bright WWII MedalCeremony

enator Kent Conrad presented World War IImedal

posthumously Mrs. Fritzie o2001. Jim Brent, County VeteransOfficer, arranged the medal Judge

hopaccept honors as was so of hermilitary service, but this was not to be. Her lovingg were all as Judge ht

WWII Medal and l-American Campaign

Medal, and Bright posthumously the Victory Medal, All-American Campaign

Good Conduct Medal. The Brightswere one of only five Fargo area couples who

Judge was chosen a distinguished for the Day Veterans

on 28, 2001. the World II

who served in war throughout history ofour country.

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Judge Beam’s portrait is unveiled by hisgranddaughters. Photo courtesy of TheDaily Record.

In Memoriam

The Honorable D. BrookBartlett

Judge Bar t l e t tpracticed law inK a n s a s C i t y

Missouri with the lawfirm of Stinson, Mag,Thomson, McEvers,and Fizzell. He thenserved as an Assistantand then a FirstAssistant in theMissouri AttorneyGeneral’s Office. Hereturned to Kansas

City to practice with Blackwell, Sanders, Matheny,Weary, and Lombardi.

In 1981, President Ronald Reagan appointed JudgeBartlett to the United States District Court for theWestern District of Missouri. Judge Bartlett waselevated to Chief Judge in 1995. During his tenureas Chief Judge the new courthouse in Kansas City,Missouri was planned and built. Judge Bartlettpassed away on January 21, 2000 while serving asChief Judge.

Ms. Karen Iverson Bartlett, Judge Bartlett’s wifeand an attorney, said “Brook strove to give thosewho appeared before him a chance to tell theirstory in a venue of respect and compassion, and hesucceeded time and again.”

Justice Clarence Thomas, United States SupremeCourt, who worked with Judge Bartlett at theMissouri Attorney General’s Office, observed that“...Judge Bartlett enjoyed a wonderful reputationamong his fellow jurists and among members of

the bar. He was considered deliberate, analytical,thoughtful, and dedicated to fairness andimpartiality, but even more, he was a good manand he was my friend.”

The Memorial Service and Portrait DedicationCeremony in memory of the Honorable D. BrookBartlett was held at the Charles Evans WhittakerCourthouse in Kansas City, Missouri, August 25,2000 at 3:00 p.m.É

Portrait Ceremonies

Court of Appeals

Judge C. Arlen Beam

T h e n e wRoman L.

H r u s k aCourthouse inO m a h a ,N e b r a s k a ,h o s t e d t h eC e r e m o n i a lS e s s i o n o fCourt on April20, 2001, forthe unveiling of

the portrait of the Honorable C. Arlen Beam. Theportrait will hang in the Eighth Circuit Courtroom.

Chief Judge Roger L. Wollman presided over theproceedings. Other Eighth Circuit Judges inattendance were Honorable Richard Arnold,Honorable George Fagg, Honorable PascoBowman, Honorable James Loken, HonorableDavid Hansen, and Honorable Morris Arnold. TheHonorable James P. O'Hara, Magistrate Judge forthe District of Kansas, and former law clerk,

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Hon. John B. Sanborn inearlier picture

served as master of ceremonies. The Judge's entirefamily was present, as well as many Nebraskajudges, dignitaries, and former law clerks. TheJudge and Mrs. Beam's two granddaughtersunveiled the portrait.

Guest speakers were Governor Mike Johanns,former Nebraska Governor Charles Thone, formerpartner Larry Ruth, former law clerk and currentchair-elect of the Nebraska State Bar House ofDelegates Robert Rossiter, Jr., current law clerkMoira White Kennedy, and Greg Beam, youngestson of the honoree.

All spoke of Judge Beam's integrity, kindness,fairness, compassion; his gentle ability to teach hislaw clerks; his knowledge of the law; his "quietexample" of how to conduct oneself and his lovefor his family.

Governor Thone noted that when asked for threerecommendations for a Nebraska federal districtjudge in 1981, his reply was "C. Arlen Beam," "C.A. Beam," and "Arlen Beam." He also noted thatshortly thereafter President Ronald Reagan didnominate and after confirmation did appoint JudgeBeam. Judge Beam then became a circuit judge in1987.

Following the portrait ceremony, a reception washeld in the courthouse. After the reception, formerand current law clerks and staff hosted a luncheonat the Joselyn Art Museum.

Judge John B. Sanborn, Jr.

Aceremony was held on November 15, 2000, tounveil a portrait of the Honorable John B.

Sanborn, Jr. (1883-1964) that will hang in theSanborn Room at Landmark Center, the formerU.S. Courthouse in St. Paul, Minnesota. JudgeSanborn served on the U.S. District Court for the

District of Minnesota from 1925 to 1931, andthereafter on the U.S. Court of Appeals for theEighth Circuit from 1931 until 1964. The portraitwas commissioned by Judge Sanborn’s grandniece,Jennifer Gross, and painted by St. Paul artist,Merry DeCourcy.

Chief Judge Paul Magnuson of the U.S. DistrictCourt for the District of Minnesota presided overthe portrait ceremony, which included remarks byJudge Donald P. Lay who argued cases beforeJudge Sanborn prior to joining the Eighth Circuithimself. The program also included comments byJudge Sanborn’s nephew, Bill Clapp, as well as theartist, Ms. DeCourcy. The portrait ceremony

coincided with the openingof a display prepared by JudyBrooks which featureslet ters , ar t icles , andphotographs on JudgeSanborn’s life and career.The display is located on thelower level of LandmarkCenter.

J u d g e S a n b o r n ’ sappointment to the U.S.District Court for the District

of Minnesota came at the height of the ProhibitionEra when Minnesota courts were backlogged withan enormous volume of liquor cases. However,Judge Sanborn kept the court current. Hisperformance on the federal district court reflectedJudge Sanborn’s innate intelligence, industry, andefficiency. While he was on the district court,Judge Sanborn frequently sat by designation withthe Eighth Circuit. On several of those occasions,he sat on panels with his distinguished and wellrespected cousin, Walter H. Sanborn, who servedas a distinguished circuit judge from 1892 until1928. Chief Judge Harvey Johnson later referred toWalter and John Sanborn as the “Hands of theEighth Circuit” in reference to Learned andAugustus Hand of the Second Circuit.

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In 1931, President Hoover appointed JudgeSanborn to the United States Court of Appeals forthe Eighth Circuit. Judge Sanborn served as acircuit judge until the time of his death 33 yearslater. Judge Sanborn achieved a fine reputation asa circuit judge. He had a keen and thoroughunderstanding of the law. Indeed, Judge Sanbornseemed to have almost encyclopedic knowledgethat allowed him to simply and directly analyze theissues that came before the court.

Judge Sanborn did not have a law clerk until hewas appointed to the Eighth Circuit in 1931. Atthat time the nation was in the midst of the GreatDepression, and Judge Sanborn actually intendedto spare the government an unnecessary expenseby continuing to go without a law clerk. However,one applicant persisted until Judge Sanborn finallyagreed to hire him. This young man was HarryBlackmun who had recently graduated from theHarvard Law School. In 1959, Justice Blackmunsucceeded Judge Sanborn on the Eighth Circuit.After he was appointed to the U.S. Supreme Court,Justice Blackmun said, “So far as I’m concerned,John Sanborn should have come to Washington,not I.”

District Courts

District of Minnesota

During the last two years, the District ofMinnesota has honored its senior judges with

portrait ceremonies. In Minneapolis, Judge DavidS. Doty’s portrait was unveiled on June 30, 1999,Judge Harry H. MacLaughlin’s on April 17,2000, and Judge Earl R. Larson’s on August 7,2000. In St. Paul, portrait ceremonies were held forJudge Robert G. Renner on November 2, 1999,and Judge Donald D. Alsop on January 13, 2000.

Judge Edward J. Devitt

Judge Edward J.Devitt was also

among the St. Paulhonorees. On May 1,2001, the portrait ofthe late Judge Devittwas unveiled inCourtroom 1 in St.Paul. Many formercolleagues, law clerks,court staff, and friendsw e r e p r e s e n t .

Wonderful and loving remarks and reminiscencesabout Judge Devitt were made by Chief Judge PaulMagnuson, Senior Judge Donald Alsop, retiredMinnesota State Court Judge Harold Schultz,former law clerk Brian Short and Judge Devitt'sdaughter, Terry Hoffman.

Judge Devitt earned a reputation as one of thenation’s foremost trial judges. Among hisaccomplishments are co-authoring the respectedtreatise, Federal Jury Practice and Instructions,which sets the basic rules of how federal trialcourts are to be run, and inspiring the Edward J.Devitt Distinguished Service to Justice Award.Named after Judge Devitt, this prestigious awardrecognizes federal judges who have achievedexemplary careers and have made significantcontributions to the administration of justice, theadvancement of the rule of law and theimprovement of society as a whole.

District of Western Missouri

The Memorial Service and Portrait DedicationCeremony in memory of the Judge D. Brook

Bartlett was held at the Charles Evans WhittakerCourthouse in Kansas City, Missouri, August 25,2000 at 3:00 p.m. For information about JudgeBartlett’s career, see the In Memoriam section.É

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The Historical Society News is published bienniallyby the U.S. Courts Library for the Historical Societyof the United States Courts in the Eighth Circuit. Toobtain a copy, contact:

U.S. Courts Library, 8th CircuitThomas F. Eagleton U.S. Courthouse

Room 22.300111 S. 10th Street

St. Louis, MO 63102314/244-2665

[email protected]

Historical Society of the UnitedStates Courts in the Eighth Circuit

Board of Directors 1999-2001

OfficersThomas H. Boyd–President

Hon. Richard G. Kopf–Vice PresidentAnn T. Fessenden–Secretary - Treasurer

Court of AppealsHon. Donald P. Lay

Thomas H. Boyd

Eastern District of ArkansasHon. William R. Wilson, Jr.

Dr. Frances Ross

Western District of ArkansasHon. Jimm L. Hendren

Katherine C. Gay

Northern District of IowaHon. Mark W. Bennett

Eric W. Lam

Southern District of IowaHon. Ronald E. LongstaffHon. Richard W. Peterson

District of MinnesotaHon. John R. Tunheim

Duane W. Krohnke

Eastern District of MissouriHon. Edward L. Filippine

Ann E. Buckley

Western District of MissouriHon. Howard F. Sachs

F. Russell Millin

District of NebraskaHon. Richard G. Kopf

Mary J. Hewitt

District of North DakotaHon. Dwight C.H. Kautzmann

M. Daniel Vogel

District of South DakotaHon. Lawrence L. Piersol

Mark F. Marshall