On This Day

Frank Murphy

American judge (1890–1949)

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William Francis Murphy (April 13, 1890 – July 19, 1949) was an American politician, lawyer, and jurist from Harbor Beach, Michigan. He was a Democrat who was named to the Supreme Court of the United States in 1940 after a political career that included serving as United States Attorney General, 35th governor of Michigan, and Mayor of Detroit. He also served as the last American Governor-General of the Philippines and the first High Commissioner to the Philippines.

Born in "The Thumb" region of Michigan, Murphy graduated from the University of Michigan Law School in 1914. After serving in the United States Army during World War I, he served as a federal attorney and trial judge. He served as Mayor of Detroit from 1930 to 1933. A panel of 69 scholars in 1993 ranked him among the ten best mayors in American history. In 1933 he was appointed as Governor-General of the Philippine Islands. He returned home in 1936 and defeated incumbent Republican governor Frank Fitzgerald in the 1936 Michigan gubernatorial election and served a single term as Governor of Michigan. Murphy lost re-election to Fitzgerald in 1938 and accepted an appointment as the United States Attorney General the following year.

In 1940, President Franklin D. Roosevelt appointed Murphy to the Supreme Court to fill a vacancy caused by the death of Pierce Butler. Murphy served on the Court from 1940 until his death in 1949, and was succeeded by Tom C. Clark. Murphy wrote the Court's majority opinions in Chaplinsky v. New Hampshire and SEC v. W. J. Howey Co., and wrote a dissenting opinion in Korematsu v. United States.

Murphy was born in Harbor Beach (then called Sand Beach), Michigan, in 1890. Both his parents, John T. Murphy and Mary Brennan, were Irish immigrants and raised him as a devout Catholic. He followed in his father's footsteps by becoming a lawyer. He attended the University of Michigan Law School, and graduated with a BA in 1912 and an LLB in 1914. He was a member of the Sigma Chi fraternity and the senior society Michigamua.

Murphy was admitted to the State Bar of Michigan in 1914, after which he clerked with a Detroit law firm for three years. He then served with the American Expeditionary Forces in Europe during World War I, achieving the rank of captain with the occupation army in Germany before leaving the service in 1919. He remained abroad afterward to pursue graduate studies. He did his graduate work at Lincoln's Inn in London and Trinity College, Dublin, which was said to be formative for his judicial philosophy. He developed a need to decide cases based on his more holistic notions of justice, eschewing technical legal arguments. As one commentator quipped of his later Supreme Court service, he "tempered justice with Murphy."

1919–1922: U.S. Attorney, Eastern District of Michigan

Murphy was appointed and took the oath of office as the first Assistant United States Attorney for the Eastern District of Michigan on August 9, 1919. He was one of three assistant attorneys in the office.

When Murphy began his career as a federal attorney, the workload of the attorney's office was increasing at a rapid rate, mainly because of the number of prosecutions resulting from the enforcement of national prohibition. The government's excellent record in winning convictions in the Eastern District was partially due to Murphy's record of winning all but one of the cases he prosecuted. He practiced law privately to a limited extent while still a federal attorney, and resigned his position as a United States attorney on March 1, 1922. He had several offers to join private practices, but decided to go it alone and formed a partnership with Edward G. Kemp in Detroit.

Murphy ran unsuccessfully as a Democrat for the United States Congress in 1920, when national and state Republicans swept Michigan, but used his legal reputation and growing political connections to win a seat on the Recorder's Court, Detroit's criminal court. In 1923, he was elected judge of the Recorder's Court on a non-partisan ticket by one of the largest majorities ever cast for a judge in Detroit, took office on January 1, 1924, and served seven years during the Prohibition era.

While on Recorder's Court, he established a reputation as a trial judge. He was a presiding judge in the famous murder trials of Dr. Ossian Sweet and his brother, Henry Sweet, in 1925 and 1926. Clarence Darrow, then one of the most prominent trial lawyers in the country, was lead counsel for the defense. After an initial mistrial of all of the black defendants, Henry Sweet—who admitted that he fired the weapon which killed a member of the mob surrounding Dr. Sweet's home and was retried separately—was acquitted by an all-white jury on grounds of the right of self-defense. The prosecution then elected to not prosecute any of the remaining defendants. Murphy's rulings were material to the outcome of the case.

In 1930, Murphy ran as a Democrat and was elected Mayor of Detroit. He served from 1930 to 1933, during the first years of the Great Depression. He presided over an epidemic of urban unemployment, a crisis in which 100,000 were unemployed in the summer of 1931. He named an unemployment committee of private citizens from businesses, churches, and labor and social service organizations to identify all residents who were unemployed and not receiving welfare benefits. The Mayor's Unemployment Committee raised funds for its relief effort and worked to distribute food and clothing to the needy, and a Legal Aid Subcommittee volunteered to assist with the legal problems of needy clients. In 1933, Murphy convened in Detroit and organized the first convention of the United States Conference of Mayors. They met and conferred with President Franklin D. Roosevelt, and Murphy was elected its first president. He served in that position from 1932 until 1933.

Murphy was an early and enthusiastic supporter of Roosevelt and the New Deal, helping Roosevelt to become the first Democratic presidential candidate to win the state of Michigan since Franklin Pierce in 1852 before the Republican Party was founded.

A 1993 survey of historians, political scientists, and urban experts conducted by Melvin G. Holli of the University of Illinois at Chicago saw Murphy ranked as the seventh-best American big-city mayor to serve between the years 1820 and 1993. Holli wrote that Murphy was an exemplary mayor and a highly effective leader.

1933–1935: Governor-General of the Philippine Islands

By 1933, after Murphy's second mayoral term, the reward of a big government job was waiting. Roosevelt appointed Murphy as Governor-General of the Philippine Islands.

Great Depression in the Philippines

In May 1935, more than 6,000, mostly illiterate, landless peasants attacked government buildings in Manila due to the poor economic conditions in the islands. The peasants were met with gunshots from government forces resulting in 100 deaths. During Murphy's governorship, many Filipino landowners hired private armies and vigilante groups to crush peasant violence. He was sympathetic to the plight of ordinary Filipinos, especially the land-hungry and oppressed tenant farmers, and emphasized the need for social justice. He suggested land reforms, however, late in his governorship.

The Murphy administration also increased its tariffs on Japanese goods in 1934. Responding to the Philippine tariffs, Japan's Consul General Kimura Atsushi warned Manila of possible "serious effects." Kimura also urged the Philippines not to believe in Chinese propaganda.

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