St. Ignatius Post

Justice Murphy

HAVE PAID TRIBUTE many times to Frank Murphy when he was living, but it seems difficult to write about him now that he is dead. One reason is that it is hard to realize that he is gone. A lot of people will miss Frank Murphy. His family will miss him. His liberal friends on the supreme court will miss him. But most of all, the little people of the world will miss him.

Shortly after Frank was appointed to the supreme court, he took me into his study in the Washington hotel, and pointed to a stack of law books.

"That's where I spend my evenings," he said. "The newspapers say that I'm no lawyer. They make fun of my legal ability. But they're going to be disappointed. And you're going to be proud of my opinions," he continued.

There was something of the boy in Frank Murphy--to the very end. He loved praise, hated criticism, and was always a little worried as to what kind of supreme court justice he would be. He shouldn't have been, for I am sure that some of Frank's dissents will stand up-as he so ardently hoped-alongside the ringing defenses of freedom written by Holmes. More important, Frank Murphy will always be known as one of our great champions of the common man.

Murphy became attorney general in January, 1939, and immediately launched the biggest political clean up this country has ever seen. U.S. Judge Martin T. Manton, of the second circuit court in New York, had been getting away with graft for years. Many people knew this, but other attorneys general had let it pass.

In Louisiana, this column had exposed shocking graft by the old Huey Long gang. Frank Murphy took the columns, with supporting affidavits, called a grand jury, flew to New Orleans himself, and in record time convicted Gov. Richard Leche, the Democratic national committeeman, the head of WPA, the president of the state university, and several others.

In Missouri, the newspapers had talked about the graft of the Pendergast machine, but Washington paid no attention. But, under Frank Murphy, a tough district attorney-Maurice Milligan of Kansas City-got justice department support, and Tom Pendergast ended up behind the bars.

Murphy also moved into Atlantic City against G.O.P. Boss Nucky Johnson, and started to move against Boss Hague in Jersey City and Mayor Kelly in Chicago. The latter two were democrats.

Kicked Upstairs

It was widely rumored when Frank Murphy retired as attorney general to join the supreme court that he was 'kicked upstairs' in order to protect the Democratic bosses. I have a personal reason for believing this was true.

However, it should also be noted that with the death of Justice Pierce Butler, a Catholic, in November, 1939, Roosevelt wanted a Catholic to take his place. Likewise, it was true that FDR's fair-haired boy, Robert H. Jackson, was being groomed for the presidency, and the White House wanted the justice department spotlight to play on him.

I am convinced, however, that the first factor-calling Murphy off the heels of the big-city bosses-was the most important. And here is my reason for thinking so.

By this time-early in 1940-most of the Louisiana scandals had been cleaned up, and a grand jury was considering the indictment of Mayor Robert Maestri of New Orleans on a hot oil charge. Suddenly, Chief Prosecutor O. John Rogge was called out of the jury room to answer the telephone from Washington. Returning to the jury room, he suspended the grand jury proceedings.

Learning of this mysterious move, I went to Frank Murphy and asked for an explanation. Murphy told the truth. Mayor Maestri was not to be indicted, he said. He had received orders from the White House.

That was 1940-a presidential year. In order to get the nomination, FDR needed the support of the big-city bosses, and in Louisiana the only man who could deliver the delegation was Mayor Maestri.

Ironically, when Frank Murphy went up to the supreme court to be sworn in, he asked Felix Frankfurter to accompany him. Murphy had recommended Frankfurter's court appointment to the White House, and they were close friends.

But in short time, however, they were bitter enemies. Frankfurter's scathing sarcasm hurt Murphy, and they scarcely spoke.

Murphy was also bitter against brain-truster Tommy Corcoran, once his closest friend, but who he felt had conspired to block his prosecution of city bosses.