William Irwin Grubb
Encyclopedia
William Irwin Grubb was a United States federal judge
who struck down key portions of President Roosevelt’s New Deal. A Yale graduate, Grubb was a corporate lawyer in Birmingham, Alabama when he was appointed by President Taft in 1909 to fill a seat on the District Court for Northern Alabama
. While Judge Grubb was a Democrat, President Hoover appointed him in 1929 to the Wickersham Commission
to investigate the effectiveness of prohibition. He is still remembered as the only member of the Commission to oppose any modification to prohibition or its repeal. During the New Deal, Judge Grubb ruled against both the TVA
and the NRA
.
and was the son of John Grubb and Sidney Irwin. The family was descended from John Grubb, who originally settled in Delaware from Cornwall in the late 1600s. The Judge's parents owned a grocery in Cincinnati and both were related to President Benjamin Harrison
. In 1883, William received an A.B.
from Yale University
and relocated to Birmingham, Alabama five years later. A local delegation welcoming President Harrison was somewhat surprised when the President warmly greeted the young lawyer who responded with “Hello Uncle Ben.” In 1906, William married Alice Virgo and had three children.
In 1909, President William H. Taft nominated Grubb to a seat vacated by Oscar R. Hundley. Grubb's roommate at Yale was Horace Taft, the President's youngest brother. He was confirmed by the United States Senate
on May 18, 1909, and received his commission the same day. In 1913, 1927 and 1930, he was assigned to the Federal District Court in New York City to help reduce the backlog. Judge Grubb gained a reputation for his decisions against price fixing schemes (for example the Wool Institute case in 1930) and for giving out long jail sentences to bootleggers. He was also a hard taskmaster, insisting that court begin promptly at 9:30 and continue after lunch until 5:30.
In 1929, President Hoover appointed Grubb to the Wickersham Commission
in response to the crime wave and lingering questions about the effectiveness of Prohibition. Judge Grubb believed that Prohibition should be given a further trial. He stated that. "If proper enforcement and observance are not had, within a reasonable period or if a better system is shown to exist, it will be time enough to abandon Prohibition and to adopt the better substitute." The irony is that Grubb's grandfather was a whiskey distiller.
During the New Deal, Judge Grubb struck down key pieces of President Roosevelt's legislation. William E. Bulcher, a Alabama saw mill owner, was indicted by a Federal grand jury in August 1934 for violations of the NRA after earlier agreeing to comply. Lawyers for the NRA decided that the Bulcher case was ideal to test the NRA and knew that Judge Grubb questioned the NRA's constitutionality. In October, Grubb signed the demurrer dismissing the indictment and declared the NRA unconstitutional. Under the Criminal Appeals Act of 1907, this sent the matter directly to the Supreme Court. However, the NRA's lawyers decided that the timing was bad because the NRA required new enabling legislation in June 1935, and dropped the indictment when Bulcher agreed to settle.
In December 1934, Grubb ruled in Ashwander v. Tennessee Valley Authority
that the government had no right to engage in the power business except to dispose of a surplus incidental to the exercise of some other Constitutional function. While he avoided declaring the TVA unconstitutional, he issued an injunction restraining the Tennessee Valley Authority. Senator George Norris, prime sponsor of the New Deal's power program, declared: "The effect of the injunction is practically to nullify the whole TVA Act." In July 1935, Judge Grubb's decision was overturned by the 5th Federal Circuit Court in New Orleans. When the case reached the Supreme Court, Chief Justice Charles Evans Hughes
wrote that the TVA was constitutional, giving President Roosevelt a major victory. In a concurring opinion, Justice Louis Brandeis
first elaborated his doctrine of Constitutional avoidance
that the court should limit its review of constitutional questions to cases where necessary to reach a decision. Brandeis concluded that constitutional review was not necessary in this case because Ashwander had not been injured and as a result did not have standing to sue.
Before the Supreme Court announced the Ashwander decision, Judge Grubb retired and was awarded an honorary doctorate in laws by Yale. He died of a heart attack while preparing to leave home for church with his wife.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
who struck down key portions of President Roosevelt’s New Deal. A Yale graduate, Grubb was a corporate lawyer in Birmingham, Alabama when he was appointed by President Taft in 1909 to fill a seat on the District Court for Northern Alabama
United States District Court for the Northern District of Alabama
The United States District Court for the Northern District of Alabama is the Federal district court whose jurisdiction comprises the following counties: Bibb, Blount, Calhoun, Cherokee, Clay, Cleburne, Colbert, Cullman, De Kalb, Etowah, Fayette, Franklin, Greene, Jackson, Jefferson, Lamar,...
. While Judge Grubb was a Democrat, President Hoover appointed him in 1929 to the Wickersham Commission
Wickersham Commission
U.S. President Herbert Hoover established the Wickersham Commission, officially called the National Commission on Law Observance and Enforcement, on May 20th, 1929. Former Attorney General George W...
to investigate the effectiveness of prohibition. He is still remembered as the only member of the Commission to oppose any modification to prohibition or its repeal. During the New Deal, Judge Grubb ruled against both the TVA
Tennessee Valley Authority
The Tennessee Valley Authority is a federally owned corporation in the United States created by congressional charter in May 1933 to provide navigation, flood control, electricity generation, fertilizer manufacturing, and economic development in the Tennessee Valley, a region particularly affected...
and the NRA
National Recovery Administration
The National Recovery Administration was the primary New Deal agency established by U.S. president Franklin D. Roosevelt in 1933. The goal was to eliminate "cut-throat competition" by bringing industry, labor and government together to create codes of "fair practices" and set prices...
.
Biography
Judge Grubb was born in Cincinnati, OhioCincinnati, Ohio
Cincinnati is a city in the U.S. state of Ohio. Cincinnati is the county seat of Hamilton County. Settled in 1788, the city is located to north of the Ohio River at the Ohio-Kentucky border, near Indiana. The population within city limits is 296,943 according to the 2010 census, making it Ohio's...
and was the son of John Grubb and Sidney Irwin. The family was descended from John Grubb, who originally settled in Delaware from Cornwall in the late 1600s. The Judge's parents owned a grocery in Cincinnati and both were related to President Benjamin Harrison
Benjamin Harrison
Benjamin Harrison was the 23rd President of the United States . Harrison, a grandson of President William Henry Harrison, was born in North Bend, Ohio, and moved to Indianapolis, Indiana at age 21, eventually becoming a prominent politician there...
. In 1883, William received an A.B.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
and relocated to Birmingham, Alabama five years later. A local delegation welcoming President Harrison was somewhat surprised when the President warmly greeted the young lawyer who responded with “Hello Uncle Ben.” In 1906, William married Alice Virgo and had three children.
In 1909, President William H. Taft nominated Grubb to a seat vacated by Oscar R. Hundley. Grubb's roommate at Yale was Horace Taft, the President's youngest brother. He was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on May 18, 1909, and received his commission the same day. In 1913, 1927 and 1930, he was assigned to the Federal District Court in New York City to help reduce the backlog. Judge Grubb gained a reputation for his decisions against price fixing schemes (for example the Wool Institute case in 1930) and for giving out long jail sentences to bootleggers. He was also a hard taskmaster, insisting that court begin promptly at 9:30 and continue after lunch until 5:30.
In 1929, President Hoover appointed Grubb to the Wickersham Commission
Wickersham Commission
U.S. President Herbert Hoover established the Wickersham Commission, officially called the National Commission on Law Observance and Enforcement, on May 20th, 1929. Former Attorney General George W...
in response to the crime wave and lingering questions about the effectiveness of Prohibition. Judge Grubb believed that Prohibition should be given a further trial. He stated that. "If proper enforcement and observance are not had, within a reasonable period or if a better system is shown to exist, it will be time enough to abandon Prohibition and to adopt the better substitute." The irony is that Grubb's grandfather was a whiskey distiller.
During the New Deal, Judge Grubb struck down key pieces of President Roosevelt's legislation. William E. Bulcher, a Alabama saw mill owner, was indicted by a Federal grand jury in August 1934 for violations of the NRA after earlier agreeing to comply. Lawyers for the NRA decided that the Bulcher case was ideal to test the NRA and knew that Judge Grubb questioned the NRA's constitutionality. In October, Grubb signed the demurrer dismissing the indictment and declared the NRA unconstitutional. Under the Criminal Appeals Act of 1907, this sent the matter directly to the Supreme Court. However, the NRA's lawyers decided that the timing was bad because the NRA required new enabling legislation in June 1935, and dropped the indictment when Bulcher agreed to settle.
In December 1934, Grubb ruled in Ashwander v. Tennessee Valley Authority
Ashwander v. Tennessee Valley Authority
Ashwander v. Tennessee Valley Authority, 297 U.S. 288 , was a case decided by the United States Supreme Court providing the first elaboration of the doctrine of "Constitutional avoidance".-Background:...
that the government had no right to engage in the power business except to dispose of a surplus incidental to the exercise of some other Constitutional function. While he avoided declaring the TVA unconstitutional, he issued an injunction restraining the Tennessee Valley Authority. Senator George Norris, prime sponsor of the New Deal's power program, declared: "The effect of the injunction is practically to nullify the whole TVA Act." In July 1935, Judge Grubb's decision was overturned by the 5th Federal Circuit Court in New Orleans. When the case reached the Supreme Court, Chief Justice Charles Evans Hughes
Charles Evans Hughes
Charles Evans Hughes, Sr. was an American statesman, lawyer and Republican politician from New York. He served as the 36th Governor of New York , Associate Justice of the Supreme Court of the United States , United States Secretary of State , a judge on the Court of International Justice , and...
wrote that the TVA was constitutional, giving President Roosevelt a major victory. In a concurring opinion, Justice Louis Brandeis
Louis Brandeis
Louis Dembitz Brandeis ; November 13, 1856 – October 5, 1941) was an Associate Justice on the Supreme Court of the United States from 1916 to 1939.He was born in Louisville, Kentucky, to Jewish immigrant parents who raised him in a secular mode...
first elaborated his doctrine of Constitutional avoidance
Constitutional avoidance
In United States constitutional law, the doctrine of constitutional avoidance dictates that a federal court should refuse to rule on a constitutional issue if the case can be resolved on a nonconstitutional basis...
that the court should limit its review of constitutional questions to cases where necessary to reach a decision. Brandeis concluded that constitutional review was not necessary in this case because Ashwander had not been injured and as a result did not have standing to sue.
Before the Supreme Court announced the Ashwander decision, Judge Grubb retired and was awarded an honorary doctorate in laws by Yale. He died of a heart attack while preparing to leave home for church with his wife.