Frank Burton Ellis
Encyclopedia
Frank Burton Ellis was a New Orleans
, Louisiana
, attorney and Democratic
politician
who served in the Louisiana State Senate
, as director of the Office of Civil Defense and Mobilization in the administration of U.S. President John F. Kennedy
, and as a judge of the United States District Court for the Eastern District of Louisiana
in the latter part of his career. As civil defense director, he pushed strongly for the establishment of fallout shelter
s as essential to civilian protection during the Cold War
. On the bench, he slowed down the pace of desegregation in Orleans Parish schools and sided with Tulane University
administrators in a key case against that institution.
, the seat of St. Tammany Parish
in suburban New Orleans, to Harvey E. Ellis (born 1875), a lawyer and the founder of the St. Tammany Banking Company, and the former Margaret Burton Whiteside (born 1884), a niece of U.S. Senator Hoke Smith
of Georgia
who was also secretary of the interior
under U.S. President Grover Cleveland
. Burton was descended on both sides from a line of slaveholders and Confederate
military men and civic and government leaders. He was well-connected politically, among other relations being a second cousin of Robert Stephen Ellis, Jr. (born 1899), a Louisiana state circuit court judge who was a son-in-law of U.S. Representative Bolivar E. Kemp
and a brother-in-law of Louisiana Attorney General Bolivar Edwards Kemp, Jr.
Ellis attended Gulf Coast Military Academy
in Gulfport
, Mississippi
. In 1929, Ellis received his L.L.B. degree from the Louisiana State University Law Center in Baton Rouge
.
His Senate term occurred during the anti-Long
administration of Governor Sam Houston Jones of Lake Charles
. Ellis did not seek reelection in 1944 but ran unsuccessfully for lieutenant governor, when Earl Kemp Long was also in the race for the second position. Ellis ran on the gubernatorial slate headed by Sam Caldwell
, the mayor of Shreveport
. The winner of the lieutenant governor's position was J. Emile Verret
of Iberia Parish
, elected with the winning gubernatorial candidate Jimmie Davis
. Ellis was later politically close to Earl Long as well as Long's nephew, U.S. Senator Russell B. Long
, and to Long's powerful aide, municipal Judge Edmund Reggie
of Crowley
in Acadia Parish
, later the father-in-law of U.S. Senator Edward M. Kennedy.
In 1948, 1952, and 1956, Ellis was a delegate to each Democratic National Convention
. In 1948, he, like Governor Long, supported President Harry S Truman, rather than the official Louisiana state Democratic choice, then Governor
J. Strom Thurmond of South Carolina
, later a U.S. senator. In 1960, Ellis, along with Reggie, were electors for Kennedy and Johnson
, the easy winner of Louisiana's then ten electoral votes.
protege and entrenched incumbent
Allen J. Ellender
of Houma
in Terrebonne Parish
for the Senate even though Ellender was close to Russell Long. Ellis was handily defeated in the Democratic primary. In his campaign, Ellis vowed if elected to conduct the office without regard to "race or creed" and labeled himself a champion of farmers and the "working man." Speaking for the Tenth Amendment to the United States Constitution
, he vowed to "eliminate by rational methods radical and left-wing elements in and out of government," a view consistent with the outlook of conservatives in the McCarthy era
. Ellis challenged Ellender's seniority, having claimed that longevity "means nothing without leadership and progressive thinking." Ellender led the race with 268,054 (59.1 percent) to 162,775 (35.9 percent) for Ellis, with the remaining 4 percent for minor candidates. A third candidate, W. Gilbert Fauk, a state representative, also ran in the Senate primary. Ellender then retained his seat without Republican
opposition.
. He took on his assignment with zeal: "Heretofore, there has been a lack of federal leadership and example — the very qualities we must now exhibit if we are to convince a skeptical Congress and a disinterested public." Ellis declared the civil defense office "completely inadequate," and he demanded a larger budget and Cabinet
-rank status. In April 1961, without informing Kennedy, he proposed $300 million for his department, instead of the $104 million approved in the last Dwight D. Eisenhower
budget. He claimed that greater funding was essential to construct more bomb shelters, improve existing shelters, stockpile medicines, and expand the educational programs of the agency. Turned down by the administration, Ellis ruffled feathers further with his decision to proceed with his budget plans. He attempted to insert a clause into FHA
loan contracts to require bomb shelters. The Presbyterian Ellis even vowed to go to Rome
to plead with Pope Paul VI to order such shelters in the basement of every Catholic church. Ellis's civil defense office was renamed the Office of Emergenc Planning as of July 20, 1961.
, a Truman appointee who had been in the forefront of civil rights
rulings and was given a promotion to the circuit court in Washington, D.C.
. In his three-year tenure on the bench, Judge Ellis frequently ruled in favor of segregationists. On December 5, 1962, his decision in Guillory v. Administrators of Tulane University of Louisiana sided squarely with Tulane in regard to compulsory desegregation. Unlike Wright, who had not wavered in pursuing desegregation, Ellis "approached civil rights litigation with a strong concern for local white opinion and a determination to avoid drastic actions that would destabilize established educational educations. Ellis's early years on the bench were marked by his evident desire to slow down and scale back Skelly Wright's ambitious agenda for the integration of New Orleans public schools, and he approached the Tulane case in a similar spirit of judicial retrenchment." At the time, Tulane and the New Orleans Times-Picayune
, the city's leading newspaper, had both resisted integration.
New Orleans, Louisiana
New Orleans is a major United States port and the largest city and metropolitan area in the state of Louisiana. The New Orleans metropolitan area has a population of 1,235,650 as of 2009, the 46th largest in the USA. The New Orleans – Metairie – Bogalusa combined statistical area has a population...
, Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, attorney and Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
who served in the Louisiana State Senate
Louisiana State Legislature
The Louisiana State Legislature is the state legislature of the U.S. state of Louisiana. It is bicameral body, comprising the lower house, the Louisiana House of Representatives with 105 representatives, and the upper house, the Louisiana Senate with 39 senators...
, as director of the Office of Civil Defense and Mobilization in the administration of U.S. President John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
, and as a judge of the United States District Court for the Eastern District of Louisiana
United States District Court for the Eastern District of Louisiana
The U.S. District Court for the Eastern District of Louisiana is a federal trial court based in New Orleans. Like all U.S...
in the latter part of his career. As civil defense director, he pushed strongly for the establishment of fallout shelter
Fallout shelter
A fallout shelter is an enclosed space specially designed to protect occupants from radioactive debris or fallout resulting from a nuclear explosion. Many such shelters were constructed as civil defense measures during the Cold War....
s as essential to civilian protection during the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
. On the bench, he slowed down the pace of desegregation in Orleans Parish schools and sided with Tulane University
Tulane University
Tulane University is a private, nonsectarian research university located in New Orleans, Louisiana, United States...
administrators in a key case against that institution.
Early years
Ellis was born in CovingtonCovington, Louisiana
Covington is a city in and the parish seat of St. Tammany Parish, Louisiana, United States. The population was 8,483 at the 2000 census. It is located at a fork of the Bogue Falaya and the Tchefuncte River....
, the seat of St. Tammany Parish
St. Tammany Parish, Louisiana
St. Tammany Parish is a parish located in the U.S. state of Louisiana, in the New Orleans–Metairie–Kenner Metropolitan Statistical Area. The parish seat is Covington....
in suburban New Orleans, to Harvey E. Ellis (born 1875), a lawyer and the founder of the St. Tammany Banking Company, and the former Margaret Burton Whiteside (born 1884), a niece of U.S. Senator Hoke Smith
Hoke Smith
Michael Hoke Smith was a newspaper owner, United States Secretary of the Interior , 58th Governor of Georgia , and a United States Senator from Georgia.-Biography:...
of Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
who was also secretary of the interior
United States Secretary of the Interior
The United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...
under U.S. President Grover Cleveland
Grover Cleveland
Stephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents...
. Burton was descended on both sides from a line of slaveholders and Confederate
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
military men and civic and government leaders. He was well-connected politically, among other relations being a second cousin of Robert Stephen Ellis, Jr. (born 1899), a Louisiana state circuit court judge who was a son-in-law of U.S. Representative Bolivar E. Kemp
Bolivar E. Kemp
Bolivar Edwards Kemp, Sr. , was an attorney and a member of the United States House of Representatives from Louisiana's 6th congressional district....
and a brother-in-law of Louisiana Attorney General Bolivar Edwards Kemp, Jr.
Bolivar Edwards Kemp, Jr.
Bolivar Edwards Kemp, Jr. , was the Democratic attorney general of the U.S. state of Louisiana from 1948–1952 during the administration of Governor Earl Kemp Long. He was allied with the Long faction in state politics....
Ellis attended Gulf Coast Military Academy
Gulf Coast Military Academy
Gulf Coast Military Academy Was founded in 1912 by Colonel James Chappel Hardy in Gulfport, Mississippi and was a West Point Honors Military Academy...
in Gulfport
Gulfport, Mississippi
Gulfport is the second largest city in Mississippi after the state capital Jackson. It is the larger of the two principal cities of the Gulfport-Biloxi, Mississippi Metropolitan Statistical Area, which is included in the Gulfport-Biloxi-Pascagoula, Mississippi Combined Statistical Area. As of the...
, Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
. In 1929, Ellis received his L.L.B. degree from the Louisiana State University Law Center in Baton Rouge
Baton Rouge, Louisiana
Baton Rouge is the capital of the U.S. state of Louisiana. It is located in East Baton Rouge Parish and is the second-largest city in the state.Baton Rouge is a major industrial, petrochemical, medical, and research center of the American South...
.
Louisiana politics
He engaged in the private practice of law until 1961 while also dabbling in politics. He was a special assistant attorney general in Louisiana and, as a state senator from 1940 to 1944 from St. Tammany Parish, he was also the Senate president pro tempore.His Senate term occurred during the anti-Long
Huey Long
Huey Pierce Long, Jr. , nicknamed The Kingfish, served as the 40th Governor of Louisiana from 1928–1932 and as a U.S. Senator from 1932 to 1935. A Democrat, he was noted for his radical populist policies. Though a backer of Franklin D...
administration of Governor Sam Houston Jones of Lake Charles
Lake Charles, Louisiana
Lake Charles is the fifth-largest incorporated city in the U.S. state of Louisiana, located on Lake Charles, Prien Lake, and the Calcasieu River. Located in Calcasieu Parish, a major cultural, industrial, and educational center in the southwest region of the state, and one of the most important in...
. Ellis did not seek reelection in 1944 but ran unsuccessfully for lieutenant governor, when Earl Kemp Long was also in the race for the second position. Ellis ran on the gubernatorial slate headed by Sam Caldwell
Sam Caldwell
Samuel Shepherd Caldwell, known as Sam Caldwell , was an oilman who served as the Democratic mayor of Shreveport, Louisiana, from 1934-1946....
, the mayor of Shreveport
Shreveport, Louisiana
Shreveport is the third largest city in Louisiana. It is the principal city of the fourth largest metropolitan area in the state of Louisiana and is the 109th-largest city in the United States....
. The winner of the lieutenant governor's position was J. Emile Verret
J. Emile Verret
J. Emile Verret was the Democratic lieutenant governor of Louisiana from 1944 to 1948, having served under the first of the two nonconsecutive gubernatorial terms of James Houston "Jimmie" Davis. Verret defeated former Governor Earl Kemp Long in the party's runoff election for the second-ranking...
of Iberia Parish
Iberia Parish, Louisiana
Iberia Parish is a parish located in the U.S. state of Louisiana. The parish seat is New Iberia. As of 2000, the population was 73,266.Iberia Parish is part of the New Iberia Micropolitan Statistical Area as well as the Lafayette–Acadiana Combined Statistical Area.Iberia, along with...
, elected with the winning gubernatorial candidate Jimmie Davis
Jimmie Davis
James Houston Davis , better known as Jimmie Davis, was a noted singer of both sacred and popular songs who served two nonconsecutive terms as the 47th Governor of Louisiana...
. Ellis was later politically close to Earl Long as well as Long's nephew, U.S. Senator Russell B. Long
Russell B. Long
Russell Billiu Long was an American Democratic politician and United States Senator from Louisiana from 1948 until 1987.-Early life:...
, and to Long's powerful aide, municipal Judge Edmund Reggie
Edmund Reggie
Edmund M. Reggie, Sr. , is a Democratic politician and former city judge from Louisiana. Reggie is originally from the rice-growing city of Crowley, the seat of Acadia Parish, but resides in Lafayette. He still claims that he maintains the record of being the youngest person to serve as a judge in...
of Crowley
Crowley, Louisiana
Crowley is a city in and the parish seat of Acadia Parish, Louisiana, United States. The population was 14,225 at the 2000 census. The city is noted for its annual International Rice Festival. Crowley has the nickname of "Rice Capital of America", because at one time it was a major center for...
in Acadia Parish
Acadia Parish, Louisiana
Acadia Parish is a parish located in the U.S. state of Louisiana. The parish seat is Crowley. According to the 2010 census, the population of Acadia Parish is 61,773. The parish was founded from parts of St...
, later the father-in-law of U.S. Senator Edward M. Kennedy.
In 1948, 1952, and 1956, Ellis was a delegate to each Democratic National Convention
Democratic National Convention
The Democratic National Convention is a series of presidential nominating conventions held every four years since 1832 by the United States Democratic Party. They have been administered by the Democratic National Committee since the 1852 national convention...
. In 1948, he, like Governor Long, supported President Harry S Truman, rather than the official Louisiana state Democratic choice, then Governor
Governor of South Carolina
The Governor of the State of South Carolina is the head of state for the State of South Carolina. Under the South Carolina Constitution, the Governor is also the head of government, serving as the chief executive of the South Carolina executive branch. The Governor is the ex officio...
J. Strom Thurmond of South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
, later a U.S. senator. In 1960, Ellis, along with Reggie, were electors for Kennedy and Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
, the easy winner of Louisiana's then ten electoral votes.
U.S. Senate race, 1954
In 1954, Ellis ran against the Huey LongHuey Long
Huey Pierce Long, Jr. , nicknamed The Kingfish, served as the 40th Governor of Louisiana from 1928–1932 and as a U.S. Senator from 1932 to 1935. A Democrat, he was noted for his radical populist policies. Though a backer of Franklin D...
protege and entrenched incumbent
Incumbent
The incumbent, in politics, is the existing holder of a political office. This term is usually used in reference to elections, in which races can often be defined as being between an incumbent and non-incumbent. For example, in the 2004 United States presidential election, George W...
Allen J. Ellender
Allen J. Ellender
Allen Joseph Ellender was a popular U.S. senator from Houma, Louisiana , who served from 1937 until his death. He was a Democrat who was originally allied with the legendary Huey Pierce Long, Jr.. As Senator he compiled a generally conservative record, voting 77% of the time with the Conservative...
of Houma
Houma, Louisiana
Houma is a city in and the parish seat of Terrebonne Parish, Louisiana, and the largest principal city of the Houma–Bayou Cane–Thibodaux Metropolitan Statistical Area. The city's powers of government have been absorbed by the parish, which is now run by the Terrebonne Parish...
in Terrebonne Parish
Terrebonne Parish, Louisiana
Terrebonne Parish is a parish located in the U.S. state of Louisiana. The parish seat is Houma. Its population was 111,860...
for the Senate even though Ellender was close to Russell Long. Ellis was handily defeated in the Democratic primary. In his campaign, Ellis vowed if elected to conduct the office without regard to "race or creed" and labeled himself a champion of farmers and the "working man." Speaking for the Tenth Amendment to the United States Constitution
Tenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
, he vowed to "eliminate by rational methods radical and left-wing elements in and out of government," a view consistent with the outlook of conservatives in the McCarthy era
Joseph McCarthy
Joseph Raymond "Joe" McCarthy was an American politician who served as a Republican U.S. Senator from the state of Wisconsin from 1947 until his death in 1957...
. Ellis challenged Ellender's seniority, having claimed that longevity "means nothing without leadership and progressive thinking." Ellender led the race with 268,054 (59.1 percent) to 162,775 (35.9 percent) for Ellis, with the remaining 4 percent for minor candidates. A third candidate, W. Gilbert Fauk, a state representative, also ran in the Senate primary. Ellender then retained his seat without Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
opposition.
Civil defense director
In 1961, President Kennedy named Ellis to direct the new civil defense office. He was also a member of the National Security CouncilNational Security Council
A National Security Council is usually an executive branch governmental body responsible for coordinating policy on national security issues and advising chief executives on matters related to national security...
. He took on his assignment with zeal: "Heretofore, there has been a lack of federal leadership and example — the very qualities we must now exhibit if we are to convince a skeptical Congress and a disinterested public." Ellis declared the civil defense office "completely inadequate," and he demanded a larger budget and Cabinet
United States Cabinet
The Cabinet of the United States is composed of the most senior appointed officers of the executive branch of the federal government of the United States, which are generally the heads of the federal executive departments...
-rank status. In April 1961, without informing Kennedy, he proposed $300 million for his department, instead of the $104 million approved in the last Dwight D. Eisenhower
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
budget. He claimed that greater funding was essential to construct more bomb shelters, improve existing shelters, stockpile medicines, and expand the educational programs of the agency. Turned down by the administration, Ellis ruffled feathers further with his decision to proceed with his budget plans. He attempted to insert a clause into FHA
Federal Housing Administration
The Federal Housing Administration is a United States government agency created as part of the National Housing Act of 1934. It insured loans made by banks and other private lenders for home building and home buying...
loan contracts to require bomb shelters. The Presbyterian Ellis even vowed to go to Rome
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
to plead with Pope Paul VI to order such shelters in the basement of every Catholic church. Ellis's civil defense office was renamed the Office of Emergenc Planning as of July 20, 1961.
Federal judgeship
With Ellis in runaway bureaucratic mode, Kennedy removed him from the agency by appointing him in 1962 to the federal bench in New Orleans to the seat being vacated by J. Skelly WrightJ. Skelly Wright
James Skelly Wright was a judge for the United States Court of Appeals for the District of Columbia Circuit and anti-segregationist. The J...
, a Truman appointee who had been in the forefront of civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
rulings and was given a promotion to the circuit court in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
. In his three-year tenure on the bench, Judge Ellis frequently ruled in favor of segregationists. On December 5, 1962, his decision in Guillory v. Administrators of Tulane University of Louisiana sided squarely with Tulane in regard to compulsory desegregation. Unlike Wright, who had not wavered in pursuing desegregation, Ellis "approached civil rights litigation with a strong concern for local white opinion and a determination to avoid drastic actions that would destabilize established educational educations. Ellis's early years on the bench were marked by his evident desire to slow down and scale back Skelly Wright's ambitious agenda for the integration of New Orleans public schools, and he approached the Tulane case in a similar spirit of judicial retrenchment." At the time, Tulane and the New Orleans Times-Picayune
New Orleans Times-Picayune
The Times-Picayune is a daily newspaper published in New Orleans, Louisiana, USA.-History:Established as The Picayune in 1837 by Francis Lumsden and George Wilkins Kendall, the paper's initial price was one picayune—a Spanish coin equivalent to 6¼¢ .Under Eliza Jane Nicholson, who inherited the...
, the city's leading newspaper, had both resisted integration.