Ramsey County Law Library Blog

As President Trump interviews his short list of U. S. Supreme Court candidates, various media outlets inundate us with the political overtones and sneak previews of who might be nominated.  The notoriety and long-term significance of a Supreme Court Justice are historic in American government. Even George Washington, in his 1789 letter to John Jay (the first Chief Justice) stated “It is with singular pleasure that I address you as Chief Justice of the Supreme Court of the United States, for which your commission is enclosed….and I have a full confidence that the love which you bear to our country, and a desire to promote the general happiness, will not suffer you to hesitate a moment to bring into action the talents, knowledge and integrity which are so necessary to be exercised at the head of that department which must be considered as the keystone of our political fabric.”

Minnesota has the distinction of having sent three notable men to the U.S. Supreme Court.  They are Pierce Butler (1923-1939), Warren Burger (1969-1986) and Harry Blackmun (1970-1994).  These three Justices also had ties to St. Paul and Ramsey County, according to  For the Record: 150 Years of Law & Lawyers in Minnesota (Minnesota State Bar Association, 1999):

Pierce Butler—although he was born in Dakota County, he moved in 1887 to St. Paul and joined a law firm before being elected Ramsey County attorney in 1893 and 1895.  He maintained a private practice in the law firm Butler, Mitchell, & Doherty. President Warren Harding nominated Butler to the Supreme Court in 1923.

Warren Burger—born in St. Paul, Burger attended the St. Paul College of Law and was admitted to the bar in 1931. He joined the St. Paul law firm of Boyesen, Otis, Brill & Faricy.  He was later appointed to the U.S. Court of Appeals.  In 1969 Richard Nixon nominated Burger to replace Chief Justice Earl Warren.

Harry Blackmun—Blackmun graduated from St. Paul’s Mechanic Arts High School and then attended Harvard.  In 1932 his first job out of law school was with Judge John Sanborn at the 8th Circuit Court of Appeals; Sanborn had been a Ramsey County judge in the early 1920s. Blackmun also served as an adjunct professor at the St. Paul College of Law.  President Richard Nixon nominated Blackmun to the Supreme Court in 1970.

The beginnings of Minnesota’s judicial system could hardly be more humble. In fact, its central player was anything but a respected legal figure.

Minnesota was established as a territory in 1849.  Prior to that time there were local justices of the peace in the area, who likely thought they handled local justice needs just fine, thank you.  But the day Minnesota’s territory status became official, President Zachary Taylor appointed David Cooper and Bradley Meeker as justices to the territorial supreme court, and Aaron Goodrich as its chief justice.  Goodrich’s selection was probably a return favor for the campaigning Goodrich had done to get Taylor elected.  Goodrich was a native of New York who later moved to Tennessee.  He likely would never have studied law, but the failure of his family’s bank in 1838 probably motivated him to complete his legal studies while in Tennessee.  He was one of the last members of the Whig Party, and was serving in the Tennessee Legislature when he was appointed to Minnesota’s territorial supreme court.

This ad hoc bench of three justices was predictably informal.  Minnesota territory had been split into three judicial districts, and each of the three justices served as the district judge for one of the districts.  Then, the three together would make up the higher court.  Goodrich presided over Minnesota’s first, or Stillwater district, with St. Paul’s Mazurka Hall serving as the “courthouse.”   This building left much to be desired, as litigants once needed umbrellas due to failure of the leaky roof to keep out a rainstorm.  Apparently Goodrich was also known to nurse a glass of liquor and a wad of tobacco as he presided over his court.  Meanwhile, American House in Saint Paul would serve as the first “judicial center” for the territorial supreme court, but the second and third terms were moved to the local Methodist Episcopal Church. (This interesting article about Goodrich reported that the local gossip was that Goodrich’s relationship with the landlady of American house was more than just business.)

Goodrich himself accomplished little to establish himself as a popular legal figure.  To start, he had been tasked by a commission to prepare a system of codified law for Minnesota, but he was not a fan of either law’s codification or its strict application. (Read his dissent in Dosnoyer v. Hereux 1 Minn. 17 (1950) to understand his frame of mind.)  The result was a loose collection of provisions, one stating that questions not otherwise answered in his written compilation should be resolved by the “ancient statutes.” There was also a general dissatisfaction with him among locals, and subsequent lobbying to have him removed.  Even territorial Governor Alexander Ramsey believed that Goodrich possessed “utter incapacity for his place.”   President Fillmore assumed the presidency in upon the death of Taylor in 1850, and removed Goodrich for what he referred to as his “incompetency and unfitness.”  Goodrich practiced law after his removal, but his most notable client, Souix Indian “Zu-ai-za,” would be convicted of murder and hanged in Minnesota’s first official execution.  He made few friends when he later wrote a book attacking the character and motives of popular historical explorer Christopher Columbus.  Goodrich was also a charter member of the Minnesota Historical Society, however, and one of the founders of Minnesota’s Republican party.

The fact that we expect a certain competence and decorum from our judicial officers may be more than just a craving for fancy formality.  It may have been partly the result of the relatively poor impression made by Minnesota’s first chief justice.  To learn more of this piece of Minnesota history, consider checking out Testimony: Remembering Minnesota’s Supreme Court Justices, written and published by the Minnesota Supreme Court Historical Society.  Meanwhile you can read this excellent William Mitchel Law Review article.

The very beginnings of the courthouse! (Courtesy of the MN Historical Society)

You may not have time to visit a museum during your workday, but courthouse employees are often delighted to discover the what lies on the other floors of the building.  We welcome these resident visitors to the law library, where they can appreciate historical and architectural details here, as well as the fantastic judge portrait collection.   Stunning though the library space is, however, it is only the frosting on the cake of this this historic architectural confection.  Indeed, for those who have never visited, entering the courthouse itself can feel like stepping onto a vintage movie set.  This is why a formal tour is probably the best way to discover some of the lesser-known details of this building, and can easily be arranged by contacting the Ramsey County Historical Society.

The tour includes information on the historical beginnings of the courthouse.  This present-day courthouse basically resulted from a general dissatisfaction with the previous courthouse, which was dedicated in 1889.  Perhaps local leaders felt slightly embarrassed when a grand jury remarked in 1925 that the then-36-year-old courthouse was “antiquated, inconvenient, and an architectural mistake.” Surely the pressure was then on to build something not only beautiful for the community, but also something functional and timeless for future generations.  After much planning and construction, the final result was our current courthouse, which was dedicated on November 21, 1932. (See this write-up of the festivities held that day.)  Indeed this building has survived well beyond its novelty stage, as it was inducted into the National Register of Historical Places in 1983.  (See also the original nomination form.)

What often gets overlooked in the courthouse is the impressive list of artistic masters showcased here.  To start, the building was designed by Holabird & Root of Chicago and Thomas Ellerbe & Co. of St. Paul.  Holabird and Root were masters then of what we call art deco, the style famous for sleekness of form and simplicity of ornament.  The actual construction was performed by Foley Brothers, Inc. of St. Paul.  The most obvious and familiar of the art installations is the onyx Indian God of Peace by Carl Milles, but fewer people may know that the actual hands-on carving was done by local St. Paul stonecutter John Garatti and his crew.  The exterior stone decorations are the work of Lee Lawrie, who was the most successful American architectural sculptor of his time.  (See this fantastic article about his work.)  There are also the six bronze elevator doors which were made by Albert Stewart.  The city council chambers feature murals which were painted by John W. Norton.  For quick reference see this handy brochure of the artistic features throughout the courthouse and the people behind them.

Unfortunately, these walls can’t talk, so sign up for a tour to hear what they would tell you if they could!

Some of these early reporters at the Minnesota State Law Library show fire damage.

For Minnesotans, March 1, 1881 is perhaps a “day that will live in infamy,” for it was on this date that the Minnesota Capitol burned to the ground.  And although though the law librarian profession has no official hero or mascot, this date marks the true story of someone who might be deserving of such an honor.

This disaster took place toward the very end of the legislative session, when both the House and Senate were in late evening sessions trying to get legislation wrapped up.  This was likely why no one had noticed that the outside common areas had filled with flames.  Someone hollered a fire alert to the Senate, but the House only got the message after a flaming ember fell down from the ceiling.  Nearly 300 people managed to escape by a single narrow stairway, while others had to escape via windows with ladders and ropes. The entire story is dramatically captured in this old article from the Minneapolis Tribune, reprinted in the Star Tribune.

Predictably, many books and irreplaceable records were lost in this fire. “The most serious loss…is the state library, which contained 12,580 volumes.” But a few lucky books did survive, due to the heroism of a one-armed janitor named Charles Chappel.  He hauled loads of books out of the burning building in his single arm.  When a falling beam hit him in the head he grabbed one last armful and finally left the building for good.  Unfortunately, little information about Mr. Chappel survives today.  With the help of ancestry.com, a federal census report from 1880 lists a 26-year-old Chas E. Chappel that was marked as “maimed, crippled, or otherwise disabled.”  Another from 1920 lists a 76-year-old Charles E. Chappel living in St. Paul that worked as superintendant of the State Capitol.  Though it’s very likely, it cannot be stated with absolute certainty that these records refer to our heroic book rescuer. Nonetheless, today we can give a moment of appreciation for this unsung champion of what was probably Minnesota’s earliest government law library.

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Additional Sources:

Darrell Ehrlick, It Happened in Minnesota (Twodot, 2008).

Ben Welter, Minnesota Mayhem:  A History of Calamitous Events, Horrific Accidents, Dastardly Crime & Dreadful Behavior in the Land of Ten Thousand Lakes (The History Press, 2012).

You and your neighbors might have your political differences, but try and imagine how challenging it would have been to finesse different outlooks on slavery back in 1860. Imagine further the awkwardness if you were a staunch abolitionist and your neighbor’s business brought Southern guests to your community with their slaves in tow.  Remember that the case behind the U.S. Supreme Court’s Dred Scott ruling three years earlier had involved an army surgeon who kept his slave at hand while serving at Minnesota’s Fort Snelling. Indeed, the Dred Scott  holding that slaves were not entitled to their freedom despite residency in a free state had opened up a new Minnesota tourist industry geared to Southerners seeking to enjoy cooler summers in northern states.  African American History Month is a good time to look at an incident in Minnesota’s history that illustrates both the tense political differences of the day, as well as how public opinion is often at odds with official law and policy.

Back in 1860 the city of St. Anthony was home not only to staunch abolitionists, but also to Winslow House, a popular summer destination for Southerners.  Minnesota’s three-year-old constitution barred slavery, yet many of its citizens didn’t see this as cause to interfere with the property rights of visitors.  So with this casual attitude and the recent Dred Scott ruling, Southerners frequently traveled up the Mississippi River to enjoy Minnesota’s mild summer climate.  That year the Richard Christmas household had traveled from Mississippi with their house slave, Eliza Winston, to stay at Winslow House.  During her stay, Winston met local abolitionists through her acquaintance with a free African American couple.  One of these abolitionists later filed a legal complaint asserting that Winston was being “restrained of her liberty by her master.” Meanwhile, the Christmas household had moved from Winslow House to a Lake Harriet cabin in Minneapolis. That’s where the Hennepin County Sheriff found Winston, who indicated to him that she wanted to be free.  Winslow was then brought to the Hennepin County Courthouse where Judge Vanderburgh heard Winston’s testimony, and then ruled in her favor.  Meanwhile, angry mobs had gathered in and around the courthouse, and began migrating into the community and storming the homes of local abolitionists.  Winston managed to escape the crowds, but ultimately had to leave Minnesota for her safety.  And as local business owners had feared, the Winston case did indeed slow Southern tourism to Minnesota.  (The Civil War’s eruption the following year would effectively make such river tourism a non-issue.)

The Winston case revealed some interesting twists in Minnesota’s early political climate.  Even though the state constitution forbade slavery, business interests often benefited from trade with Southern slaveholders.  Additionally, Minnesotans could be quick to form angry mobs.   And whereas changing the law can be a lofty and idealistic pursuit, changing public opinion is usually a much grittier undertaking. Such task becomes even more challenging where profit motives stand against wished-for change.  Finally, one must ask how “free” was Ms. Winston if she was forced to leave the free state of Minnesota.  This story and numerous such observations are presented in this article by Dr.  William Green, published in Minnesota History magazine.

Casket leaving Minnesota State Capitol (courtesy MN Historical Society)

Once upon a time at the 1948 Democratic National Convention, a young Midwestern mayor catapulted himself into history with his passionate speech urging the party to adopt a strong civil rights platform.  He drew a stark political division by stating that the time had come “…for the Democratic Party to get out of the shadow of state’s rights and walk forthrightly in the bright sunshine of human rights.”  The result was a mass walkout by the southern “dixicrat” faction and its long-term political after-effects.  This Friday it will be 38 years since one of the most influential leaders of the twentieth century died. He was laid to rest 3 days later on a bitterly cold January day.

Hubert Horatio Humphrey started out as the mayor of Minneapolis, elected to that office in 1945.  Three years later he was elected to the Senate in 1948 on the wind of his earth-moving speech.  Humphrey’s positions earned him some hostility from his party’s more conservative senators, and he came to accept the guidance of fellow senator Lyndon Johnson of Texas.  Johnson was not an easy guy to work with, especially after the Johnson-Humphrey presidential ticket was overwhelmingly elected in 1964.  As Johnson’s vice-president, Humphrey had the thankless job of selling the unpopular Vietnam War escalation to the American public.  Humphrey himself received the 1968 Democratic nomination for president, but would narrowly lose to Richard Nixon in the general election.  Humphrey went back to teaching at the University of Minnesota and Macalester College for the next two years.  Still restless for the public life, he sought and won election to the Senate in 1970 following the retirement of Senator Eugene McCarthy.  But he secretly struggled with bladder cancer for years before he died on January 13, 1978.

Humphrey’s public career may have started in Minneapolis, but its formal conclusion was a Saint Paul event.  After laying in state in our nation’s capital, his body returned to Minnesota and lay in state at the Minnesota Capitol prior to his funeral at the House of Hope Presbyterian Church.  It was attended by 43 members of the Senate, with the eulogy delivered by President Jimmy Carter.  (You can listen to this funeral service live.) This day happened to coincide with Minnesota’s cold winter season, and the temperature never got above zero that day.

Humphrey’s wife Muriel served the remainder of his senate term, but did not seek another.  During the 2012 dedication of his statue on the Minnesota Capitol grounds, Bill Clinton credited Humphrey’s 1948 speech as the catalyst behind the Civil Rights Act, the Voting Rights Act, and the election of Barack Obama.