George Weston Anderson
Encyclopedia
George Weston Anderson was a judge
of the United States Court of Appeals for the First Circuit
.
, Anderson received an A.B. with honors from Williams College
in 1886 and an LL.B. magna cum laude from the Boston University School of Law
in 1890. He then went into private practice as a lawyer
in Boston
, Massachusetts
. While in practice, he was an instructor at the Boston University School of Law from 1891 to 1894. He once ran for state Attorney General, served on the Boston School Committee, and in 1913 accepted an appointment to the Massachusetts Commerce Commission. He later served on the state's Public Service Commission.
President Woodrow Wilson
appointed him United States Attorney
for Massachusetts and he served in that position from 1914 to 1917, followed by one year as a member of the Interstate Commerce Commission
. In 1916, he worked to win Senate approval of Louis Brandeis
when he was nominated to the Supreme Court, serving as counsel to the subcommittee that considered the nomination and conducting some of the crucial cross examination of witnesses.
Wilson named Anderson as a Judge of the First Circuit on October 1, 1918, to a seat vacated by Frederic Dodge
. Anderson was confirmed by the United States Senate
and received his commission on October 24, 1918. He served as an active judge for 13 years and is remembered for dissenting when the court upheld some of the convictions arising from the Red Scare
of 1919-20. In June 1920, he effectively prevented any further resumption of the Palmer raids
of November 1919 and January 1920 when his decision in the case of Colyer v. Skeffington ordered the discharge of 17 arrested radicals. His opinion concluded that there was no evidence that the Communist Party of the United States had urged a violent overthrow of the U.S. government and he strongly criticized the Department of Justice for using entrapment and for its failure to follow proper legal procedures. Of the deportation proceedings he wrote: "A more lawless proceeding it is hard for anyone to conceive.... I can hardly sit on the bench as an American citizen and restrain my indignation. I view with horror such proceedings as this."
The Colyer case remained controversial. For example, during Senate hearings held to consider charges that Attorney General A. Mitchell Palmer
had ignored due process in arresting radicals
in late 1919 and early 1920, a former Department of Justice official testified that Anderson had shown favoritism to witnesses on behalf of the defendant aliens in the Colyer deportation case.
Anderson was married for eight years to Winnie E. Mitchell of Mason, New Hampshire
, until her death. In 1897 he married Addie Earle Kenerson of Boston, who survived him. They had two sons and a daughter. He served as an active judge until September 30, 1931, when he took what is now referred to as senior status
. The same year, he was elected a Fellow of the American Academy of Arts and Sciences
. He lived in Wellesley Hills, Massachusetts
, and died at his winter home in Deland, Florida
, in 1938.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the United States Court of Appeals for the First Circuit
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
.
Biography
Born on a farm in Acworth, New HampshireAcworth, New Hampshire
Acworth is a town in Sullivan County, New Hampshire, United States. As of the 2010 census, the town had a total population of 891.-History:Originally chartered by Governor Benning Wentworth in 1752, it was called Burnet after William Burnet, a former governor of the Province of Massachusetts Bay...
, Anderson received an A.B. with honors from Williams College
Williams College
Williams College is a private liberal arts college located in Williamstown, Massachusetts, United States. It was established in 1793 with funds from the estate of Ephraim Williams. Originally a men's college, Williams became co-educational in 1970. Fraternities were also phased out during this...
in 1886 and an LL.B. magna cum laude from the Boston University School of Law
Boston University School of Law
Boston University School of Law is the law school affiliated with Boston University, and is ranked #22 among American law schools by US News and World Report magazine. It is the second-oldest law school in Massachusetts and one of the first law schools in the country to admit students regardless...
in 1890. He then went into private practice as a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
in Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
, Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
. While in practice, he was an instructor at the Boston University School of Law from 1891 to 1894. He once ran for state Attorney General, served on the Boston School Committee, and in 1913 accepted an appointment to the Massachusetts Commerce Commission. He later served on the state's Public Service Commission.
President Woodrow Wilson
Woodrow Wilson
Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...
appointed him United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for Massachusetts and he served in that position from 1914 to 1917, followed by one year as a member of the Interstate Commerce Commission
Interstate Commerce Commission
The Interstate Commerce Commission was a regulatory body in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads to ensure fair rates, to eliminate rate discrimination, and to regulate other aspects of common carriers, including...
. In 1916, he worked to win Senate approval of Louis Brandeis
Louis Brandeis
Louis Dembitz Brandeis ; November 13, 1856 – October 5, 1941) was an Associate Justice on the Supreme Court of the United States from 1916 to 1939.He was born in Louisville, Kentucky, to Jewish immigrant parents who raised him in a secular mode...
when he was nominated to the Supreme Court, serving as counsel to the subcommittee that considered the nomination and conducting some of the crucial cross examination of witnesses.
Wilson named Anderson as a Judge of the First Circuit on October 1, 1918, to a seat vacated by Frederic Dodge
Frederic Dodge
Frederic Dodge was a federal judge in the United States.A native of Massachusetts, Dodge graduated from Harvard College in 1867 and Harvard Law School in 1869. After practicing law in Boston for three decades, in 1905, Dodge was named by President Theodore Roosevelt to the United States District...
. Anderson was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
and received his commission on October 24, 1918. He served as an active judge for 13 years and is remembered for dissenting when the court upheld some of the convictions arising from the Red Scare
First Red Scare
In American history, the First Red Scare of 1919–1920 was marked by a widespread fear of Bolshevism and anarchism. Concerns over the effects of radical political agitation in American society and alleged spread in the American labor movement fueled the paranoia that defined the period.The First Red...
of 1919-20. In June 1920, he effectively prevented any further resumption of the Palmer raids
Palmer Raids
The Palmer Raids were attempts by the United States Department of Justice to arrest and deport radical leftists, especially anarchists, from the United States. The raids and arrests occurred in November 1919 and January 1920 under the leadership of Attorney General A. Mitchell Palmer...
of November 1919 and January 1920 when his decision in the case of Colyer v. Skeffington ordered the discharge of 17 arrested radicals. His opinion concluded that there was no evidence that the Communist Party of the United States had urged a violent overthrow of the U.S. government and he strongly criticized the Department of Justice for using entrapment and for its failure to follow proper legal procedures. Of the deportation proceedings he wrote: "A more lawless proceeding it is hard for anyone to conceive.... I can hardly sit on the bench as an American citizen and restrain my indignation. I view with horror such proceedings as this."
The Colyer case remained controversial. For example, during Senate hearings held to consider charges that Attorney General A. Mitchell Palmer
Alexander Mitchell Palmer
Alexander Mitchell Palmer was Attorney General of the United States from 1919 to 1921. He was nicknamed The Fighting Quaker and he directed the controversial Palmer Raids.-Congressional career:...
had ignored due process in arresting radicals
Palmer Raids
The Palmer Raids were attempts by the United States Department of Justice to arrest and deport radical leftists, especially anarchists, from the United States. The raids and arrests occurred in November 1919 and January 1920 under the leadership of Attorney General A. Mitchell Palmer...
in late 1919 and early 1920, a former Department of Justice official testified that Anderson had shown favoritism to witnesses on behalf of the defendant aliens in the Colyer deportation case.
Anderson was married for eight years to Winnie E. Mitchell of Mason, New Hampshire
Mason, New Hampshire
Mason is a town in Hillsborough County, New Hampshire, United States. The population was 1,382 at the 2010 census. Mason, together with Wilton, is home to Russell-Abbott State Forest.-History:...
, until her death. In 1897 he married Addie Earle Kenerson of Boston, who survived him. They had two sons and a daughter. He served as an active judge until September 30, 1931, when he took what is now referred to as senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
. The same year, he was elected a Fellow of the American Academy of Arts and Sciences
American Academy of Arts and Sciences
The American Academy of Arts and Sciences is an independent policy research center that conducts multidisciplinary studies of complex and emerging problems. The Academy’s elected members are leaders in the academic disciplines, the arts, business, and public affairs.James Bowdoin, John Adams, and...
. He lived in Wellesley Hills, Massachusetts
Wellesley, Massachusetts
Wellesley is a town in Norfolk County, Massachusetts, United States. It is part of Greater Boston. The population was 27,982 at the time of the 2010 census.It is best known as the home of Wellesley College and Babson College...
, and died at his winter home in Deland, Florida
DeLand, Florida
DeLand is the county seat of Volusia County, Florida. In 2006, the U.S. Census Bureau estimated the city's population to be 24,375. It is part of the Deltona-Daytona Beach-Ormond Beach, Florida Metropolitan Statistical Area, which had an estimated population of 436,575 in 2006...
, in 1938.
Further reading
- Alan Rogers "Judge George W. Anderson and Civil Rights in the 1920s," The Historian, vol. 54 (2007), 289-304
- Google Books: "The 'Colyer Case'" in Brown, R.G., et al., To the American People: Report Upon the Illegal Practices of the United States Department of Justice, 42-56 (Washington, DC: National Popular Government League, 1920). Co-authors include Felix FrankfurterFelix FrankfurterFelix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...
and Roscoe PoundRoscoe PoundNathan Roscoe Pound was a distinguished American legal scholar and educator. He was Dean of Harvard Law School from 1916 to 1936...
.