xt7msb3wtd0h_8 https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/mets.xml https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/72m2.dao.xml unknown 166 Cubic Feet 381 document boxes, seven textile items, three map folders, one artwork archival material 72m2 English University of Kentucky The physical rights to the materials in this collection are held by the University of Kentucky Special Collections Research Center.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Frederick Moore Vinson papers Economic stabilization. Elections -- United States -- Congresses. Judges -- Correspondence. Judges -- United States. Judicial opinions Judicial process -- United States Legislators -- Correspondence. New Deal, 1933-1939. World War, 1914-1918 -- Veterans. World War, 1939-1945. Associate Justices - Sherman Minton text Associate Justices - Sherman Minton 2019 https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/72m2/Box_161/Folder_8/Multipage1129.pdf 1947-1953 1953 1947-1953 section false xt7msb3wtd0h_8 xt7msb3wtd0h The lmwcenl; Bystander

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THOS. E. WAGGAMAN

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 July 18th, 1950 -

Dear Sham--

I have Just returned to the office and finished reading your
letter of the 13th. I with that I could have been at the All-:61.»
gene with you, but the beat I could do wet to listen to intermittent
reports via radio. which won not working any too well in the nomtaine.

I called the chot when Kinncr hit hie home-«run in the ninth- tying—up
the game - than the radio went sour and we got apot reports until the
13th indicating that the some had confirmed marches from the ninth
on - than we heard the announcunent that Schoendienst had hit a home
run and I felt it was all over. It surely we: a thriller - old man
Slaughter certainly played in that game, both on the offense and de-
fence. Incidentally, I also picked the Nationals to win.

I got back from the Adirondacks on the 16th. I really had a most
enjoyable and wonderful stay - away from everything.

I on having a conference this afternoon in connection with the
statue of the widows pension bill. The information which I have re-
ceived is that the Judiciary Comittcs of the Home pigeonod-holsd it.

I have not checked on the accuracy of thin information, but will do so
during the day, but if this information is correct it would appear that
the bill has been tabled by the House Committee for the section. I had
outlined the ethategy which I thought would be the bent to follow,
which, in effect, woe to await action by the Senate before making any
novel on the House aide, but when there are so many people interacted
in a proposition, it is probable that come of then got in a hurry for
Home action-wand secured action by that body before the Senate acted.

The information I had when I left was that the Senate Committee
would be favorable to the bill and that they were awaiting Senator
Donnall'e action upon the bill and certain amendment: which had been
presented to the Omittee before taking it up so:- final action. I
will do my boat to get it brought-up again in the House if it gate thru
the Senate. I only hope that the action by the House will not have the
effect of killing the whole thing at this session.

I wish that it were so that I could say that I would be with you for
the All-Star football sue, but right at this time it doem‘t look like
I can make it - if I can, I will certainly be with you.

I expect to take a chance on the special term of Court for the pur-
pose or receiving admiaeions to the Supreme Court Bar during the American
Bar Association's convention here in September. Felix seemed to be very
much in opposition, but it strikes me that it is something that we should
do.

 inathatyoumhavingagoodtmuthyonrgmmudrmend
mmfliende.v

Yourillnenrknmmtetmrofetmgthmmdnfingm
fintteruonthecom. Immnedenydwbt‘utoyeurabmtyh
dothefinejobyoudid,butitmdifticultforutovimelieein
admotheuhentoftheeflertlmuldreeeiveinywrjuetheing
around. Iowtainbhefimtonghonee,endreeillhevemm
eonfronting u -- your ability and courage are the may laminate
to make your Nahum "proud of their grandpep.

lire. Vinson joins min every good wish for you and yum-e.

Sincerely;

haw—511169 dictating the foregoing, I have received informatien to the
effect that the m1 emitme or the Home 2155 not new; npg» the peneion
bill, and if. m Wanted that a majority of the omit " >
{erred this bill to the salary increase bill; and, further,-
there was e good chance of getting ens-h a bill reported.

an the Senate side, action by the eub-cmittee anon the bill head
been deferred pending the return of its chairman, Withers. It In felt
that. the bill could be reported, favorably, by the sac-coming promptly,
and that action by the m1 emitters in favor of the bill could be ennui-i»
peted shortly thereafter-menu...“ aren't in had an shape as the
earlier information that x received indicated.

  
  

' t. was felt

PeneVem'

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Washington 1?, E. Q}.

CHAMBERS OF

JUSTICE SHERMAN MINTON

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 September 13. 1950

Honorable F. Shirley Wilcox.
Treasurer of State.

State House,

Indianapolis. Indiana.

Dear Shirley:

The dedication of the marker at the birthplace of Justice Minton
is a significant affair.

For his friends and neighbors. who know him best. to render him
this signal honor is. of course. pleasing to him and his family. It is de-
served. It signifies your pride in him and his accomplishments. That
pride is well merited. You have had a right to be proud of him since his '
earliest days. His prowess on the athletic field, his scholastic attain-
ments. his vigor and success as a. lawyer. together with all the. personal
traits and characteristics that gain the love and respect of his fellows.
brought him to the Senate of the United States in at trying period. I can
personally testify to the stature which he quickly attained there. His
ability as a lawyer and his honesty of purpose were recognised even by
those who did not agree with him. His patriotism and love of country
were not excelled.

He brought to the Supreme Court an experience of 33 ye are in
the law as the active practitioner. the able legislator and the distinguished
jurist. He came to us ripe in experience. possessed of the single purpose
to do "Equal Justice under Law". So there should be no surprise that the
conclusion of his first term saw the quantity and quality of productive
capacity in high degree. On the bench and in the work of the conference
room. as well as in his written utterances. he has shown objectivity and
high purpose. I betray no secret when I say that it has been a genuine
pleasure to be associated with Justice Minton on the highest court in the
' land.

It is a. sweet thing for his neighbors and friends to accord him
this tribute. It is not only recognition of his true worth but it bespeaks
their respect for the law of which he is a symbol.

Sincerely,

 .1?
Supreme Court of the United States
9%Memorandum

SeptemberflB , 19495.0

Miss Kelly, Justice Minton's secretary,
says that the President is addressing his
message to Mr. F. Shirley Wilcox, and
she thought most of the other contributors

would do likewise.

Georgetown is in the same county as New
Albany — not more than 10 miles apart.

 

 Dear Shirley:
The dedication of the marker at the birthplace of Justice Minton is a

significant affair. For his friends and neighbors, who know him best, to

render him this signal honor is, of course, pleasing to him and his family.

It is deserved.

I would not attempt to do a word picture of his youthful escapades, but
I am certain that many of you can recall what this real American boy did in
your midst.

This marker signifies your pride in Justice Minton and his accomplish-
ments. That pride is well merited. You have had a right to be proud of
him from his earliest days. His prowess on the athletic field, his
scholastic attainments, his vigor and success as a lawyer, together with
the personal traits and characteristics that endear a man to his fellows,
caused you to send him to the Senate of the United States in a trying period.
There he quickly attained stature concerning which I can testify. His ability
as a lawyer stood him in good stead. His honesty of purpose was recognized
by those who did not agree with him. His patriotism and love of country
were not excelled.

The attributes of Shay Minton made his eight years of service on the
United States Court of Appeals for the Seventh Circuit a distinguished one.
No longer the advocate, he was the impartial judge.

He brought to the Supreme Court a rich experience in the law due to many
years at the bar, six full years in the legislative halls, and eight years on the

Circuit Bench. He came to us ripe in experience and possessed with one

 

 purpose — that the poor and rich alike should receive equal justice under the

law.

It has been a genuine pleasure to be associated with Justice Minton on

the highest court in the land. Few, if any, ”First Termers" have exceeded

in quantity or quality his productive capacity. None have or could excel
him in objectivity and high purpose.

It is a sweet thing for his neighbors and friends to accord him this
tribute. It is not only a recognition of his true worth, but to me it bespeaks

their respect for the law, of which he is a symbol.

Sincerely,

 

 RECEIVED
firepreme len‘t of the WEI fifétiefi

3&5ngan3,£@ SEP 5 3 WPH’Sfi

r CHAMBgRSt‘th-‘HIHE
JUSTICE—SHERMAN MINTON CH‘E!‘ JUSHCE

 

 MINTON, SHERMAN, Associate Justice of the Supreme Court
of the United States; born in Georgetown, Ind., Oct. 20, 1890; son
of John Evan and Emma (Lyvers) Minton; L. L. 3., Indiana University,
1915; L. L. M., Yale, 1916; married Gertrude Gurtz, August 11, 1917;
children — Sherman, Jr., Mrs. J. H. Callanan, John Evan. Began practice
at New Albany, 1916; mem. Stotsenburg, Weathers & Minton, 1922—25;
member Shutts & Bowen, Miami, Fla., 1925—28; returned to New Albany,
1928; public counselor of Indiana, 1955—54; elected to the United States
Senate on November 6, l95h for term.ending January 5, 19h1; appointed

administrative assistant to President Roosevelt January 8, 19hl;

nominated judge, U. S. Court of Appeals for 7th Circuit, May 7, 19h1,

took oath of office May 29, 19h1; nominated Associate Justice of
Supreme Court by President Truman September 15, 19M9; confirmed October
A, 19h9; took seat October 12, 19A9. Served as captain infantry, U. S.

Army, 1917-19. Member Phi Delta Theta, Phi Delta Phi, Elk.

 

 AN AMERICAN PAPER FOR AMERICANS

 

Vt) l .L’Ml“. CX—N (J. it 12}

 

 

The l’itilzttlel
If:IA\ :ltt'v-mI-Il tlw
lswecp their thr‘
[\V'I'iglev “Old. ’1 '
lBob Rush and V

Judge R/lajor Ril)s pittheIs loI 'l

t“ o I IIII homer

Shilling rl‘acticS l\.i('lI(IlsI.n 500,.

lFlIilzIdIlplIia
i (bit ago 0
hi — J BIIItI-ries~.\lcyer ill"
BY CLAYTON KIRKPATRICKli‘“ W “"“F "
President ’l'ruman's delay in luumk . .
nominating judges to fill three ~ [Den/[ZS m L
\acancies on the federal bench » 7
in Chicago was bitterly assailed
yesterday by Chiei Judge J. Earl Harva:
:Iiajor ot‘ the United States Court
Appeals.

.. 7 if?
lie .IssII ed that reports on the gas;

dciay “simmer down to the s0I3-‘
did proposition that somebody is andWfi
more interested in politics than ‘ .

111C Culll t>~ Residents 01

Others liltltIl‘M‘, Stand county. and the
cousin neighbor.C
tthru their \\‘Ol~'
terday. The oe
Iard's 10th annt
sorede by the (

Judge Major's denunciation was
indOIse d by Sherman Minton.
associate justice of the United‘
States Supreme court who for-
Inerly sat on the appeals bench
here. Henry P. Chandler diiec-
tor ot‘ the administiatiIe oflicel
ot‘ IlIt United ‘ tates courts, also
decried the man power shortage
in the District court and said he
hoped it would be remedied soon.

She speakers addressed a joint

. PIIII‘ I‘Isst‘.-cizttimi ot' the ‘
United States (Tottrr ot Appeals ‘ way squads “M
and the annual judicial confer—brush of “31“,.
ence of seventh circuit ot’ the I on .. the milk A
court ot appeals. Each organiza— IThe title dc
tion is holding a two day cont'er» twat dairym
ece in the Knickerbocker hotel. lion pounds 0

Judge Major pointed out that lregion's recei'
congress nearly a yearago author- ' .
ixed two more district judges for “Old I“
Chicago because 01' the greatly‘ The morni
expanded business ot the courLLtII'o hour parar‘
The third vacancy was caused by }\\‘_aS “'hiiCWflSh
the death of Judge Elwyn last curb for the 0
July. lprot‘ided by s: ‘
l The Loekport

_ . Ithe ochelle b:
.‘\ \\t‘t‘l{ éttjti lllt‘ ll‘x't} (li‘;ll‘l("l lilllt" GCIlC‘Yfl

OII‘en Perry.
said the crow
Aw as more than
‘1)1‘C\lOll>'. year
lpleasing at'te
lThe big7 tur
made. it the t‘

Local I‘Itiltt.

lit-tier l‘rges Action

jlttl ts, sent a h lit’t‘ ‘tl It,» INN-‘1
(lent urging early action III Iililti‘.. ,. _ . , _; ‘
the Iacztncies. Similar letters also m" Alder—litb
went to Sen. Douglas ID., 111.] school in Hebrt
and Sen. Dirksen ti”... Ill.]. Poli-l In the class .
ticians report that the President ‘ petition, the i
is holding up the nominationsl100k m,“ “.1
while Rep. Sabath tD., 111.] bar- '3 giraffe quailinj
gains with local Democrats for . every inch of .
his usual spot on the 1952 slate Bowman Dair
of candidates. ‘seeond, and :
Mr. Truman. discussing the equipment con
judges’ letter at. a press confer—i l’létt‘Vitl‘d'S ht
ence. said he didn‘t like people 2 first in class 3
who make public their letters t01 truckload 01- k
him before he has a Chance to drews & Sons.
answer. land heating:-
“It~ l were making any criti- second. and 1m
_ uisnt of that lettei Judge Majort panI Harvard
said yesterday. " it would be that
it should have been sent nine
months we and repeated once a N SDCCGWH."

Girl, 17.

week since. And It might help,

it certainly could not make the I‘<"('Ict‘

situation any worse. it New Idi- PSI/Md.

yer in Chicago sent the President Alden. l

a telegram cIery iiit’n'iiliifj betore ('I'o'anetl MI

breaktast. or as soon thereafter (It six finalists

as contenient. until the existing milk producers

vacancies are tilled. . hon ore d at, a
"This long and unexplained school, sponsort

delay is inexcusable and indefensiv Lions club,

ble." Elwood Hull

- Stevenson eoun

lliolsit‘lti heifer
"\i Ion declared that at least "Oii‘lpaii\ tor c:

‘ltW 1sz ets in ChiCaeo \‘ould be BICMH Siss

a credit to the disttiet benIh. taunt". In.”
“Of course.” he remarked.

“ some 0t them might be i‘epnh

lit-ans, and it is too mu eh to hope

that lawyers oi the. I kind (It a diIision. i‘et‘t Ca
Ittation should be appointed. hay?» h,

m‘ It"; pend: Iallacn's \\'t‘.it"ll

Many (‘otIld Fill Jobs

l
I

l:)th3i>t‘li ‘21.. oi.
. rl’11'17(*(l.\ll>$

seems to time ion; pm

this co‘untn is th It a

il(lL‘C \Ii. en appointed must hate
the .ame .olitics as the admin- Russian Jet-

'stration." Q .

1 Justice Minton said he synt- 8831" Nio
szIhi/ed with the ‘.‘ of the PPiiiik‘. 'ttt.
judges. He said‘l. he. wished h e were s tort-r .n (I

batk in the sen Iate so he could 1W1]; “Adm,“
11"”) solx'e'the Sitl‘n‘lm‘ “9 added. and bnnIlItrs (..
“\Vhat Judge 3 . : a

:VlIIL 1‘50.“ IA.A

including
tie is ti \0 Fwd on the

air

radii ;_

. “A wees also at
. ...e supteme court l ThUIingia, Saxc
bench by Piesident TIuman butg.

 

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 August 7. 19 50

Dear Shay:

A week ago today. the Judiciary Committee of the Senate
reported the widows' pension hill unanimously. Call of the
calendar was to have taken ‘place last Friday. but consideration
of the appropriation bill prevented it. I have heard that the
Calendar is to be called tomorrow. Tuesday. I think there is a
very good prospect for its passage in the Senate. either on the
call or by its being called up for consideration. There is a lot
of sentiment favorable to its consideration and passage.

I hope that we can get it through the Senate shortly as it
will have to run the gauntlet in the House. but I am inclined to
think that it may become law at this session.

With every good wish to you and yours. in which Roberta
Joins me. I am

Sincerely.

iSigned} "fired: . ugh-m

Honorable Sherman Minton.
Associate Justice of the Supreme Court.
New Albany. Indiana.

FMV:Mc1VH

 §uprem2 Quart of tip: 331mm $151125
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CHAMBERS OF

JUSTICE SHERMAN MlNTON _ ‘ A WW
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'EHMAN MINTON

 

 . Supreme Court of the United States

Memorandum

____________________________________________ , 194___

 

  

 a-

Wednesday, June 6, 1951
Dear Jfidge:

I talked with Senator elements of Kentucky this afternoon concerning
Hr._aobert L. Myers, 1710 Host 6th Street, Lon Angolan 17, Galifg

He sold he was very anxious to help Chief Myers but that his
dittioulty won in knowing Just where to turn ~ he knew of nO'
openings that would interoot Ir; Hyena. as did talk with.

John loaning at Lou1oville, who heads the DPS for Kentucky and
who knows Ir. lyors, and Hr. Innnlns is keeping him in mind for
ony'pOIolble pone. Ir. uyoro is not an attorney, but Hr. manning
tho: porhopo something an a business analyst might turn~up ~

fihg trouble being that tho.oolary would not be in lino with

«boo lraleoro has been used to; ,

Tho sonata» tile laid it you or the Chief Juooioe would find
an n. “mute. ,. ohm" to-puce Mr. Ryan, he would be glad
to carry the b oi; he suggested that perhaps thru your
cautious on.no‘ "1von1o Avenue, you might locate a opot in

o Governnqnt ego oy, and then he would do the log work for you.

 

M83608

P. 3. I am sending a copy of this note to the Chief Joanieo's
Office for his information.

P K

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mammal: 1318.0; %

 

 Swreme (Cami of the 33mm: Stateg
Xaslfingirm 13.18. QT

 

 August 6. 1951

Dear Shay:

I enjoyed your letter of the 3rd. and from it I know that you are "up
and at 'em. "

Old Ty Cobb certainly was well received at the ball park and before
the Congressional Committee. His 'heads up" play on the diamond will never
be forgotten by us old-timers, and the present-day sports writers do a very
good job in keeping him at the top. I do not know what Congress will do in re-
gard to the legislation before it affecting baseball. It would seem to me that
they have gone afield in attempting to run the game from the committee room.
Happy is in town and is appearing today.

The Look article was a repetition of the New Republic article written
by this chap last year. I read it. but I never knew before that I was a ”lazy
old man. " There seems to be about three angles at which he levelled his blast:
(I) I was inclined to think he didn‘t like Truman's appointees; (Z) I was
inclined to think that he differed with the philosophy of 7/ 9ths of the Court;
and (3) I had a notion that he was anticipating something that will not happen.

I saw the President for a minute at the dinner given for George Schoene- V
man. and he told me it made him hot under the collar and that he felt like
"writing a letter" to this chap. Then he laughed and said that he finally deg,»
cided maybe he had writtentoo many letters. After that he said seriously ‘ti
this attack was made because he had appointed {our of us to the Court. The;
is one thing about it - the Court will not be pressured in this manner from
what they believe to be right under law. , f ._

 
   
  
   

You know. Shay, that chap may not have liked some of our decisions. ‘
Upon reflection. I am inclined to think that he didn't.

"i.

 

It was nice of you to write me this note with your views about many 5% *7?
different angles. and it was mighty fine of you to make that long trek in the hot“ 1‘5?
weather to that little town in Kentucky, where I first saw the light of day. when
they threw that party for me. It will be hard for anything to take away the A}
memories of that occasion. and it was awfully nice of you to join me.

 Robert is not at all well. but she joins the in wishing for you and
Mrs. Minter: and your whole gang all the 11111311111333 that can come your way. ‘ ~

Your fr'1e11d.

Tlgnetfl “1“‘1

y... 1M“.Wxgzmmwm.mi 1:... “”1”“1......W.._-A-M..r....amum.~yg

Honorable Sherman Minton. '
Associate Justice of the Supreme Court.
New Albany, Indin‘ha. ,

3
5%

 

 SUPREME COURT OF THE UNITED STATES

Nos. 80, 81 AND 82.——-OCTOBER TERM, 1951.

Edward J. Keenan, Petitioner,
80 U.

C. J. Burke, Warden, New
Eastern State Penitentiary.

Walter Jankowski, Petitioner, On Writs of Certiorari
81 v. to the Supreme Court
(‘. J. Burke, Warden, New 0f the Commonwealth
Eastern State Penitentiary. Of Pennsylvania.

Orville Foulke, Petitioner,
82 v.
(.‘. J. Burke, \Varden, New
Eastern State Penitentiary.

 

[November 26, 1951.]

Memorandum by MR. JUSTICE MINTON, dissenting.

These cases only illuminate the error of this Court
in Townsend v. Bur/cc, 334 U. S. 736. I would not com-
pound the error. I would overrule Townsend rather than
send these petitioners back to be proceeded against
nicely. Their guilt is not questioned. They say, “If we
had only had a lawyer, maybe we would not have received
such long sentences.” Yet, the sentencing judge gave
two of the petitioners much shorter terms than the maxi—
mum provided by statute. They complain not so much
of the sentences they received but the manner in which
they received them.

Admit the sentencing judge was facetious, even that he
bulldozed the petitioners—he sentenced them all within
the limits authorized by law. Maybe the judge’s con—

 

 2 KEENAN v. BURKE.

duct called for a curtain lecture. At most, that was a
matter for the Pennsylvania Supreme Court, and that
court did not see even an error of state law in the judge’s
conduct, let alone a federal constitutional question. We
sit only to determine federal constitutional questions, not
to scold state trial judges. It is utterly incomprehensible
to me how a judge can commit a denial of federal due
process by being facetious in the sentencing of defendants
where the sentences he imposes are within the limits pre-
scribed by statute. I would affirm.

 

 SUPREME COURT OF THE UNITED STATES

Nos. 80, 81 AND 82.—OCTOBER TERM, 1951.

Edward J. Keenan. Petitioner,
80 v.

(I‘. J. Burke, Warden, New
Eastern State Penitentiary.

Vt'altcr Jankowski, Petitioner, On lVrits 0f Certiorari

81 v. to the Supreme Court
(‘. J. Burke, Warden, New 0f the Commonwealth
Eastern State Penitentiary. 0f Pennsylvania.

Orville Foulke, Petitioner,
82 v.
C. J. Burke, \Varden, New
Eastern State Penitentiary.

 

[November 26, 1951.]

Memorandum by MR. JUSTICE MINTON, dissenting.

These cases only illuminate the error of this Court
in Touwsend v. Burke, 334 U. S. 736. I would not com-
pound the error. I would overrule Townsend rather than
send these petitioners back to be proceeded against
nicely. Their guilt is not questioned. They say, “If we
had only had a lawyer, maybe we would not have received
such long sentences.” Yet, the sentencing judge gave
two of the petitioners much shorter terms than the maxi-
mum provided by statute. They complain not so much
of the sentences they received but the manner in which
they received them.

Admit the sentencing judge was facetious, even that he
bulldozed the petitioners—he sentenced them all within
the limits authorized by law. Maybe the judge's con-

 

 " KE uNAN v. BURKE.

duct called for a curtain lecture. At most, that was a
matter for the Pennsylvania Supreme Court, and that
court did not see. even an error of state law in the judge’s
conduct, let alone a federal constitutional question. We
sit only to determine federal constitutional questions, not
to scold state trial judges. It is utterly incomprehensible
to me how a judge can commit a denial of federal due
process by heiug f'acctious in the sentencing of defendants
where the sentences he imposes are within the limits pre—
serihed hy statute. I would affirm.

 

 SUPREME COURT OF THE UNITED STATES

Nos. 80, 81 AND 82.——OCTOBER TERM, 1951.

Edward J. Keenan, Petitioner.
80 v.

C. J. Burke, Warden, New
Eastern State Penitentiary.

Walter Jankowski, Petitioner. On Writs of Certiorari

81 v. to the Supreme Court
C. J_ Burke‘ Warden, New of the Commonwealth
Eastern State Penitentiary. 0f Pennsylvania.

Orville Foulke, Petitioner,
82 v. .
C. J. Burke, Warden, New
Eastern State Penitentiary.

 

[November —, 1951.]

MR. JUSTICE MINTON, dissenting.

These cases only illuminate the error of this Court
in Townsend v. Bur/cc, 334 U. S. 736. I would not com-
pound the error. I would overrule Townsend instead of
sending these petitioners back to be proceeded against
nicely. Their guilt is not questioned. They say, “If we
had only had a lawyer, maybe we would not have received
such long sentences." The sentencing judge gave them
much less than he could have given them under the law.
It is not so much the sentence they got but the manner
in which they got it that they complain of.

Admit the sentencing judge was facetious, that he
even bulldozed the petitioners—he sentenced them all
within the limits authorized by law. Maybe the judge’s
conduct called for a curtain lecture. At most, that was

 

 so, 81 & 82—DISSENT.

2 KEENAN v. BURKE.

a matter for the state court, and that court did not even
see an error of law in the judge’s conduct, let alone a
federal constitutional question. We sit only to deter—
mine federal constitutional questions, not to scold state
trial judges. It is utterly incomprehensible to me how
a sentencing judge can commit a denial of federal due
process in the sentencing of defendants Where the sen—
tence he imposes is within the limits prescribed by stat—
ute. I would affirm.

 

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CHAMBERS OF

JUSTICE SHERMAN MINTON

 

 Octobe r 10 . 1951

Dear Shay:

Mighty sorry that you are out of commission temporarily.
, Irniss you veryflmruch, .hut want youto take good care of yourself
before you try to get back into the harness.

The re was an AP story on Monday to the effect that I had
"back trouble" and was not present at the opening of the Court.
My sister read it Monday evening-and called me. She could
'- hardly believe that I wasn't out of commission. I tell you this,
not because of this story. but if [am to be held accountable
for everything that happens to a 'member of the Court. I want
you to be particularly careful in your conduct - otherwise than
getting a strained back - after you .get back to work.

Tom told me you were worrying about not being he re. and
I knew you would, too. but forget-it. It can happen to any of us,
and the main thing is to take your tiine .in getting back into the
ring. There will be lots of punching'during the re st of the ses-
31011.

Your friend.
{Signed} Fred

Honorable Sherman Minton.
Associate Justice of the Supreme’Coui-t.
Washington. D. C.

 October 17. 1951

Dear Shay:

I cajoyecfi the clipping about little Brooks
very much. and appreciate your sending it to ma.

5h: is really acme gal!

The reports I have been getting about you
have been good, and I hope they continue that way.
In the meantime. may I repeat what I have already
told you - be sure to take care of yourself and
come back when you on fully recovered. That
in the most important thing.

With kindest regards and every good wish.

Since re 1y.

(Signed) Fred

Honorable Sherman Minion.
Associate Junticc of the Supreme Court.

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May 29, 1953

Chief Justice
Justice Reed
Justice Frankfurter
Justice Burton
Justice Clark

I'm sorry to inform you that the luncheon I had
planned to give on Tuesday, June 2, is off.

Justices Black, Douglas, and Jackson would be
unable to attend, so I thought it better to wait
until some date when all of us could be present.

SHERMAN MINTON

NOTED

MAY 2 .7953

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 New Albany, Ind.

August 22, 1953

My dear Chief:

In the absence of the dean of the Grandfathers, Justice Burton, I welcome
you to the Ancient and Decrepit Order of Grandfathers. lvly heartiest con—
gratulations to all. About '96 he should be our candidate. I can assure you
there is nothing more satisfying than a grandchild.

I have been very close to home all summer. It has in many ways been a
most difficult summer. Mrs. Minton has not been well, and l have not left
her at all. She had me very much alarmed for a while. She lost weight and
had no appetite and has a secondary anemia. She was concerned as l was.

The doctors assure her she has no organic trouble, and that helped our
state of minds much. However, Ole Concern is not gone.

I hope you have had a very good summer. So far August has been very
agreeable. John Cody, my sole surviving law partner, and I took our wives
to Cincinnati to a ball game. It was a very enjoyable day and a good game which
John El 1 both enjoyed and the women suffered through. We also took a trip
to Southern Illinois to spend a weekend with Earl Major. To get away rather
takes Gertrude's mind off of herself and her indisposition has made me wake up
and take hold a little bit more and not to be so dependent

I had lunch with Judge Shack Miller and Roy Shelbourne this week. Your

ears must have burned for we talked much about you.

Ike is beginning to slip and the G O. P is in low repute now. I have seen

evidence of it on all sides. There should be no question about cornering

the House next year.

 

 Well, Grandpa, I'll be seeing you. With affectionate good wishes,

Sincerely,

Shay

 

 August 24. 1953

Dear Shay:

I accept your nomination and election to the Ancient and Decrepit Order
of Grandfathers. Roberta and I try to be convinced that he is the only grand—
child. However. in recalling the seraphic smiles which I have seen on the faces
of Grandpas Black, Reed, Douglas. Jackson. Burton. Clark and yourself. I
realize that those of us who are only Grandpa once must take a back seat.

Roberta is "getting ready" for the Kentucky trip which we will make as
soon as I return from the Bar Association meeting in Boston this week.

I certainly regret that your partner is not feeling well this summer. and
sincerely hope that "Ole Concern” will soon depart.

I was up in the Adirondacks for two and a half weeks with Joe Davies and
a couple of our bridge-playing friends. and really had a rest. Then I spent
four days with Judge Watkins at his camp near Fairmont. West Virginia.
Charlie Goren was there. and we had most enjoyable bridge games and a very
pleasant visit. Otherwise, I have had a. very calm.placid vacation. I get to
the office almost every day. and look after the matters