George A. Malcolm
Encyclopedia
George A. Malcolm was an American
lawyer
who emerged as an influential figure in the development of the practice of law
in the Philippines
in the 20th century. At age 35, he was appointed Associate Justice of the Supreme Court of the Philippines
, where he would serve for 19 years. His most enduring legacy perhaps lies in his role in the establishment of the College of Law
at the University of the Philippines
.
Born in Concord, Michigan
, Malcolm obtained his degree in law from the University of Michigan
in 1906. While at the university, he was among the founding members of the Acacia Fraternity
.
Following his graduation, Malcolm proceeded to the Philippines, which was then a colony of the United States. Malcolm served in several minor positions in the colonial government, starting as a clerk in the Bureau of Health, then subsequently in the Bureau of Justice. He rose quickly in rank, and by 1911, he was acting attorney-general for the Philippines.
It was through Malcolm's efforts that the first English language law classes was established in the Philippines. The Board of Regents of the University of the Philippines
had initially resisted Malcolm's proposal for the establishment of a law college within the University. Malcolm thus arranged for the Manila YMCA
to offer law courses, which commenced in 1910. Malcolm acted as the Secretary of these law courses. Within a year, the Board of Regents relented and the University of the Philippines adopted these classes by formally establishing the College of Law
on January 12, 1911.
Supreme Court Associate Justice
Sherman Moreland had initially been designated as the acting dean of the college, while Malcolm was appointed as the College Secretary. Almost immediately, Moreland turned over his office to Malcolm, who served as acting dean while the University tried in vain to recruit American law professors to become the permanent dean of the college. While there was some resistance in the idea of appointing Malcolm as the first permanent Dean of the College of Law , Malcolm was finally appointed to the post on October 11, 1911.
Malcolm served as dean for the next six years. He also taught courses in constitutional law
and in legal ethics
. Three students who graduated during his deanship would eventually become Presidents of the Philippines
— José P. Laurel
, Manuel Roxas
, and Elpidio Quirino
. Several other of Malcolm's students would later serve in the Supreme Court
, including also Laurel, who would actually succeed to Malcolm's seat on the Supreme Court in 1936.
Following the relocation of the university campus to Diliman, Quezon City
after World War II, the building that housed the College of Law was named "Malcolm Hall" after Malcolm, a name that is carried as of 2008.
Woodrow Wilson
appointed Malcolm to sit on the Philippine Supreme Court
. At age 35, he was the youngest person ever appointed as Justice to the High Court. He would serve in the Court until 1936, when he was forced to retire upon the enactment of the 1935 Constitution, which limited Supreme Court membership to Filipinos. Upon his retirement after 19 years, Malcolm had written 3,340 opinions for the Court.
Several of Malcolm's opinions for the Court remain influential to date. In Villavicencio v. Lukban, 39 Phil. 778 (1919), he spoke for the Court in granting the writ of habeas corpus
to counter the deportation of prostitutes to Mindanao
as ordered by Manila
mayor Justo Lukban. In Villaflor v. Summers, 41 Phil. 62 (1920), Malcolm wrote that a judicial order compelling a woman to submit to a physical examination to determine if she was pregnant did not violate the constitutional proscription against self-incrimination
. In Borromeo v. Mariano, 41 Phil. 329 (1921), and Concepcion v. Paredes, 42 Phil. 499 (1921), Malcolm authored opinions that shielded the members of the judiciary from the diminution of their powers by legislative action. In Alejandrino v. Quezon, 46 Phil. 83 (1924), the Court through Malcolm ruled it had no power to reverse the suspension of a senator by his colleagues in the Senate. In Government v. Springer
, Malcolm refused to affirm the law that granted the Senate President
and Speaker of the House
the right to vote shares in a government corporation, citing that such authority did not fall within the functions of the legislature. Malcolm's opinion would be affirmed by the Supreme Court of the United States
upon appellate review, 277 U.S. 189 (1928)
, though the dissent therein of Justice
Oliver Wendell Holmes, Jr.
proved more memorable in time, with its eloquent pronouncement that "[t]he great ordinances of the Constitution do not establish and divide fields of black and white. Even the more specific of them are found to terminate in a penumbra shading gradually from one extreme to the other."
Malcolm's majority opinion in Rubi v. Provincial Board, 33 Phil. 660 (1919), remains controversial to date. The Court therein affirmed a provincial government resolution directed at the Mangyan
ethnic minority, requiring the confinement of members of "non-Christian tribes" to a specially created reservation. Likening the plight of the Mangyan to that of Native Americans, the Court classified the Mangyan as "wards of the Filipino". "By the fostering care of a wise Government, may not these unfortunates advance in the "habits and arts of civilization?" Would it be advisable for the courts to intrude upon a plan, carefully formulated, and apparently working out for the ultimate good of these people?"
In Baguio City
housing the summer quarters of the Supreme Court, the city square on Session Road near the public market is named Malcom Square in his honor, and a bronze bust of Malcolm is located in the square.
After his retirement from the Philippine Supreme Court, Malcolm was appointed as a legal adviser to U.S. High Commissioners
Frank Murphy
and Paul V. McNutt
. In 1939, he was appointed as Attorney-General of Puerto Rico
. However, he would later fall into dispute with Governor
Rexford Tugwell
, and he ended up being fired in 1942
Malcolm later settled back in the United States, though he would make occasional visits to the Philippines and to the law school housed in the building named after him. He died aged 79 in Los Angeles
on May 16, 1961. He is survived by his daughter, Mary MacKenzie Malcolm Leydorf, five grandchildren, and four great-grandchildren.
Malcolm was a godfather
to Ameurfina Melencio-Herrera who, in 1979, became the second woman to be appointed to the Supreme Court
.
at the University of Michigan
and open for research.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
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...
who emerged as an influential figure in the development of the practice of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
in the 20th century. At age 35, he was appointed Associate Justice of the Supreme Court of the Philippines
Associate Justice of the Supreme Court of the Philippines
An Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...
, where he would serve for 19 years. His most enduring legacy perhaps lies in his role in the establishment of the College of Law
University of the Philippines College of Law
University of the Philippines College of Law or UP Law is the law school of the University of the Philippines. Since 1948, it has been located at the University of the Philippines Diliman in Quezon City, the flagship campus of UP's seven constituent universities. Until the 1970s, night classes of...
at the University of the Philippines
University of the Philippines
The ' is the national university of the Philippines. Founded in 1908 through Act No...
.
Background
Concord, Michigan
Concord is a village in Jackson County in the U.S. state of Michigan. The population was 1,101 at the 2000 census. The village is located at , west of Spring Arbor, Michigan.- Government :...
, Malcolm obtained his degree in law from the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
in 1906. While at the university, he was among the founding members of the Acacia Fraternity
Acacia Fraternity
Acacia Fraternity is a Greek social fraternity originally based out of Masonic tradition. At its founding in 1904, membership was originally restricted to those who had taken the Masonic obligations, and the organization was built on those ideals and principles. Within one year, four other Masonic...
.
Following his graduation, Malcolm proceeded to the Philippines, which was then a colony of the United States. Malcolm served in several minor positions in the colonial government, starting as a clerk in the Bureau of Health, then subsequently in the Bureau of Justice. He rose quickly in rank, and by 1911, he was acting attorney-general for the Philippines.
Establishment of the U.P. College of Law
University of the Philippines
The ' is the national university of the Philippines. Founded in 1908 through Act No...
had initially resisted Malcolm's proposal for the establishment of a law college within the University. Malcolm thus arranged for the Manila YMCA
YMCA
The Young Men's Christian Association is a worldwide organization of more than 45 million members from 125 national federations affiliated through the World Alliance of YMCAs...
to offer law courses, which commenced in 1910. Malcolm acted as the Secretary of these law courses. Within a year, the Board of Regents relented and the University of the Philippines adopted these classes by formally establishing the College of Law
University of the Philippines College of Law
University of the Philippines College of Law or UP Law is the law school of the University of the Philippines. Since 1948, it has been located at the University of the Philippines Diliman in Quezon City, the flagship campus of UP's seven constituent universities. Until the 1970s, night classes of...
on January 12, 1911.
Supreme Court Associate Justice
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
Sherman Moreland had initially been designated as the acting dean of the college, while Malcolm was appointed as the College Secretary. Almost immediately, Moreland turned over his office to Malcolm, who served as acting dean while the University tried in vain to recruit American law professors to become the permanent dean of the college. While there was some resistance in the idea of appointing Malcolm as the first permanent Dean of the College of Law , Malcolm was finally appointed to the post on October 11, 1911.
Malcolm served as dean for the next six years. He also taught courses in constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
and in legal ethics
Legal ethics
Legal ethics encompasses an ethical code governing the conduct of persons engaged in the practice of law and persons more generally in the legal sector.-In the United States:...
. Three students who graduated during his deanship would eventually become Presidents of the Philippines
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
— José P. Laurel
Jose P. Laurel
José Paciano Laurel y García was the president of the Republic of the Philippines, a Japanese-sponsored administration during World War II, from 1943 to 1945...
, Manuel Roxas
Manuel Roxas
Manuel Acuña Roxas was the first president of the independent Third Republic of the Philippines and fifth president overall. He served as president from the granting of independence in 1946 until his abrupt death in 1948...
, and Elpidio Quirino
Elpidio Quirino
Elpidio Rivera Quirino was a Filipino politician, and the sixth President of the Philippines.A lawyer by profession, Quirino entered politics when he became a representative of Ilocos Sur from 1919 to 1925. He was then elected as senator from 1925–1931...
. Several other of Malcolm's students would later serve in the Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
, including also Laurel, who would actually succeed to Malcolm's seat on the Supreme Court in 1936.
Following the relocation of the university campus to Diliman, Quezon City
Quezon City
Quezon City is the former capital and the most populous city in the Philippines. Located on the island of Luzon, Quezon City is one of the cities and municipalities that make up Metro Manila, the National Capital Region. The city was named after Manuel L...
after World War II, the building that housed the College of Law was named "Malcolm Hall" after Malcolm, a name that is carried as of 2008.
Supreme Court Justice
In 1917, U.S. PresidentPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
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 Malcolm to sit on the Philippine Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
. At age 35, he was the youngest person ever appointed as Justice to the High Court. He would serve in the Court until 1936, when he was forced to retire upon the enactment of the 1935 Constitution, which limited Supreme Court membership to Filipinos. Upon his retirement after 19 years, Malcolm had written 3,340 opinions for the Court.
Several of Malcolm's opinions for the Court remain influential to date. In Villavicencio v. Lukban, 39 Phil. 778 (1919), he spoke for the Court in granting the writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
to counter the deportation of prostitutes to Mindanao
Mindanao
Mindanao is the second largest and easternmost island in the Philippines. It is also the name of one of the three island groups in the country, which consists of the island of Mindanao and smaller surrounding islands. The other two are Luzon and the Visayas. The island of Mindanao is called The...
as ordered by Manila
Manila
Manila is the capital of the Philippines. It is one of the sixteen cities forming Metro Manila.Manila is located on the eastern shores of Manila Bay and is bordered by Navotas and Caloocan to the north, Quezon City to the northeast, San Juan and Mandaluyong to the east, Makati on the southeast,...
mayor Justo Lukban. In Villaflor v. Summers, 41 Phil. 62 (1920), Malcolm wrote that a judicial order compelling a woman to submit to a physical examination to determine if she was pregnant did not violate the constitutional proscription against self-incrimination
Self-incrimination
Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; indirectly, when information of a...
. In Borromeo v. Mariano, 41 Phil. 329 (1921), and Concepcion v. Paredes, 42 Phil. 499 (1921), Malcolm authored opinions that shielded the members of the judiciary from the diminution of their powers by legislative action. In Alejandrino v. Quezon, 46 Phil. 83 (1924), the Court through Malcolm ruled it had no power to reverse the suspension of a senator by his colleagues in the Senate. In Government v. Springer
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
, Malcolm refused to affirm the law that granted the Senate President
President of the Senate of the Philippines
The President of the Senate of the Philippines, or more popularly known as the Senate President, is the presiding officer and the highest ranking-official of the Senate of the Philippines. He/she is elected by the entire body to be their leader...
and Speaker of the House
Speaker of the Philippine House of Representatives
The Speaker of the House of Representatives of the Philippines is the presiding officer of the lower house of Congress, the House of Representatives....
the right to vote shares in a government corporation, citing that such authority did not fall within the functions of the legislature. Malcolm's opinion would be affirmed by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
upon appellate review, 277 U.S. 189 (1928)
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
, though the dissent therein of Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
proved more memorable in time, with its eloquent pronouncement that "[t]he great ordinances of the Constitution do not establish and divide fields of black and white. Even the more specific of them are found to terminate in a penumbra shading gradually from one extreme to the other."
Malcolm's majority opinion in Rubi v. Provincial Board, 33 Phil. 660 (1919), remains controversial to date. The Court therein affirmed a provincial government resolution directed at the Mangyan
Mangyan
Mangyan is the generic name for the eight indigenous groups found in the Philippine island of Mindoro, each with its own tribal name, language, and customs...
ethnic minority, requiring the confinement of members of "non-Christian tribes" to a specially created reservation. Likening the plight of the Mangyan to that of Native Americans, the Court classified the Mangyan as "wards of the Filipino". "By the fostering care of a wise Government, may not these unfortunates advance in the "habits and arts of civilization?" Would it be advisable for the courts to intrude upon a plan, carefully formulated, and apparently working out for the ultimate good of these people?"
In Baguio City
Baguio City
The City of Baguio is a highly urbanized city in northern Luzon in the Philippines. Baguio City was established by Americans in 1900 at the site of an Ibaloi village known as Kafagway...
housing the summer quarters of the Supreme Court, the city square on Session Road near the public market is named Malcom Square in his honor, and a bronze bust of Malcolm is located in the square.
Later years
High Commissioner to the Philippines
High Commissioner to the Philippines was the title of the personal representative of the President of the United States to the Commonwealth of the Philippines during the period 1935-1946. The office was created by the Tydings-McDuffie Act of 1934, which provided for a period of transition from...
Frank Murphy
Frank Murphy
William Francis Murphy was a politician and jurist from Michigan. He served as First Assistant U.S. District Attorney, Eastern Michigan District , Recorder's Court Judge, Detroit . Mayor of Detroit , the last Governor-General of the Philippines , U.S...
and Paul V. McNutt
Paul V. McNutt
Paul Vories McNutt was an American politician who served as the 34th Governor of Indiana during the Great Depression, high commissioner to the Philippines, administrator of the Federal Security Agency, chairman of the War Manpower Commission and ambassador to the Philippines.-Family and...
. In 1939, he was appointed as Attorney-General of Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
. However, he would later fall into dispute with Governor
Governor of Puerto Rico
The Governor of Puerto Rico is the Head of Government of the Commonwealth of Puerto Rico. Since 1948, the Governor has been elected by the people of Puerto Rico...
Rexford Tugwell
Rexford Tugwell
Rexford Guy Tugwell was an agricultural economist who became part of Franklin D. Roosevelt's first "Brain Trust," a group of Columbia academics who helped develop policy recommendations leading up to Roosevelt's 1932 election as President...
, and he ended up being fired in 1942
Malcolm later settled back in the United States, though he would make occasional visits to the Philippines and to the law school housed in the building named after him. He died aged 79 in Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
on May 16, 1961. He is survived by his daughter, Mary MacKenzie Malcolm Leydorf, five grandchildren, and four great-grandchildren.
Malcolm was a godfather
Godparent
A godparent, in many denominations of Christianity, is someone who sponsors a child's baptism. A male godparent is a godfather, and a female godparent is a godmother...
to Ameurfina Melencio-Herrera who, in 1979, became the second woman to be appointed to the Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
.
Papers
A collection of Malcolm's papers, including series relating to his service in the Philippines and in Puerto Rico, is housed at the Bentley Historical LibraryBentley Historical Library
The Bentley Historical Library is a historical library located on the University of Michigan's North Campus in Ann Arbor. It was established in 1935 by the regents of the University of Michigan...
at the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
and open for research.