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H.J.R. 9






Chief Sponsor: Johnny Anderson

Senate Sponsor: Lyle W. Hillyard

             8      LONG TITLE
             9      General Description:
             10          This joint resolution of the Legislature urges the members of Utah's congressional
             11      delegation to work toward having the new federal courthouse in Salt Lake City named
             12      after Justice George Sutherland.
             13      Highlighted Provisions:
             14          This resolution:
             15          .    urges the members of Utah's congressional delegation to work toward having the
             16      new federal courthouse in Salt Lake City named after Justice George Sutherland;
             17      and
             18          .    urges the members of Utah's congressional delegation to make this effort in
             19      recognition of Justice Sutherland's lifetime of service as a member of the Utah
             20      Senate, United States House of Representatives, United States Senate, and as the
             21      only Utahn to serve on the United States Supreme Court, and whose example of
             22      humility and integrity in public service is unsurpassed.
             23      Special Clauses:
             24          None
             26      Be it resolved by the Legislature of the state of Utah:
             27          WHEREAS, a new federal courthouse is currently being constructed at 351 South West

             28      Temple in Salt Lake City;
             29          WHEREAS, if this new structure is to bear the name of an exemplary Utahn, it should
             30      be named after Justice George Sutherland, the only Utahn to serve on the United States
             31      Supreme Court;
             32          WHEREAS, to date, Justice Sutherland is Utah's most accomplished attorney, public
             33      servant, and judge;
             34          WHEREAS, before joining the United States Supreme Court, Sutherland was a
             35      renowned legal scholar and sage politician, having served in the Utah State Senate, the United
             36      States House of Representatives, and the United States Senate;
             37          WHEREAS, no past or present Utahn has done more for his state or country, or
             38      accomplished more as a lawyer;
             39          WHEREAS, Sutherland was born in England in 1862 to converts to the Church of
             40      Jesus Christ of Latter-day Saints (LDS);
             41          WHEREAS, Sutherland's family immigrated to Utah as part of an oxcart company in
             42      October 1863;
             43          WHEREAS, the Sutherland family first settled in Springville, Utah, and then moved to
             44      Tintic, Utah, where George Sutherland, Sr. sold dry goods to miners;
             45          WHEREAS, George Sutherland, Sr. left the LDS Church in 1870, and young George
             46      was never baptized;
             47          WHEREAS, Sutherland recalled his boyhood as a "period when life was very simple,
             48      but, as I can bear testimony, very hard as measured by present day standards.Nobody worried
             49      about child labor, the average boy of 10 worked--and often worked very hard";
             50          WHEREAS, Sutherland grew up in a time when everybody was poor and everybody
             51      worked;
             52          WHEREAS, neither the 8-hour day nor the 40-hour week had arrived, so work began
             53      when it was light enough to see and ended when it became too dark;
             54          WHEREAS, Sutherland worked first in a clothing store in Salt Lake City, then as a
             55      Wells Fargo agent and later as a mining recording agent until age 17, when his family moved to
             56      Provo;
             57          WHEREAS, Sutherland had no schooling from ages 12 to 17, but because he was
             58      taught well by his parents, he entered the Brigham Young Academy in 1879 as an excellent

             59      student and writer;
             60          WHEREAS, at Brigham Young Academy, he flourished under the tutelage of renowned
             61      headmaster Karl Maeser, who nurtured the institution for decades;
             62          WHEREAS, at Brigham Young Academy, George Sutherland made many lifelong
             63      friends, nearly all members of the LDS Church, including Sam Thurman, who later became his
             64      law partner, cofounder of the predecessor firm to Snow, Christensen & Martineau, and a Utah
             65      Supreme Court Chief Justice; William H. King, his future law partner and political opponent
             66      against whom he ran for Congress in 1900 and the United States Senate in 1916; and James E.
             67      Talmage and Richard Lyman, future Apostles of the LDS Church;
             68          WHEREAS, at Brigham Young Academy, he met Rosamond Lee of Beaver, Utah, and
             69      several years later they married;
             70          WHEREAS, George and Rosamond Sutherland were together for nearly 60 years and
             71      had three children, a boy who died at 17 and two daughters who survived him;
             72          WHEREAS, Sutherland graduated from Brigham Young Academy in 1881 and
             73      attended the University of Michigan Law School for a year, passed the Michigan Bar, and then
             74      married Rosamond and moved to Provo, where he started a practice with his father, by then a
             75      self-taught lawyer;
             76          WHEREAS, Sutherland once stated, "I transacted all kinds of business, both civil and
             77      criminal. A lawyer in a small town can't pick and choose--public opinion demands that he
             78      shall treat all men alike when they call for his services. I often traveled on horseback in the
             79      mountains to try cases before Justices of the Peace";
             80          WHEREAS, Sutherland earned a well-deserved reputation as a hardworking and honest
             81      family man who was smart, empathetic, and kind;
             82          WHEREAS, in 1886, at age 24, his law partnership with Sam Thurman began, and they
             83      were joined by William King two years later;
             84          WHEREAS, as young lawyers, Sutherland and Thurman defended nine Irish miners
             85      accused of lynching, a capital offense; all were tried and convicted but none was executed--a
             86      victory for Sutherland and Thurman;
             87          WHEREAS, Sutherland also represented many members of the LDS Church charged
             88      with violating the Federal Edmund's Act outlawing polygamy;
             89          WHEREAS, through these cases and his general character, he earned respect within the

             90      LDS community and at the same time received the political support of the non-LDS
             91      community.
             92          WHEREAS, Sutherland did not represent Karl Maeser when he was convicted in 1887
             93      of violating the Edmund's Act, but he nonetheless appeared at Maeser's sentencing and made an
             94      impassioned and successful plea to the Court not to jail Maeser, citing his many
             95      accomplishments at Brigham Young Academy;
             96          WHEREAS, the Court did not sentence Maeser to jail, but fined him $300, which
             97      Sutherland immediately paid to the Court;
             98          WHEREAS, as a young lawyer, Sutherland dove into public service and politics;
             99          WHEREAS, from 1886 to 1890, Sutherland was an Overseer of the State Hospital in
             100      Provo, and in 1890 he ran for Mayor of Provo as a Liberal Party candidate on an antipolygamy
             101      platform, and lost;
             102          WHEREAS, LDS-Church sanctioned polygamy ended in late 1890, gutting the Liberal
             103      Party of its purpose, so Sutherland became a Republican and narrowly lost the 1892
             104      Republican nomination for Congress;
             105          WHEREAS, Sutherland was gratified that Utah's new Constitution provided for
             106      women's suffrage, a cause for which he campaigned throughout his political career;
             107          WHEREAS, Sutherland's legal practice blossomed, and in 1894 he left Thurman &
             108      Sutherland and moved to Salt Lake City where he joined the predecessor to the Van Cott law
             109      firm;
             110          WHEREAS, Sutherland helped form the Utah Bar Association in 1895, and in 1896
             111      was elected to the first Utah State Senate, where he chaired the Judiciary Committee, which
             112      drafted the first Utah Judicial and Penal Codes;
             113          WHEREAS, Sutherland proposed the state's first State Workers' Compensation Statute
             114      and laws granting eminent domain to miners and those working in irrigation;
             115          WHEREAS, in 1900, Sutherland narrowly defeated Democrat and former law partner
             116      William H. King for Utah's lone seat in the United States House of Representatives;
             117          WHEREAS, Sutherland remained very active in state and national Republican Party
             118      affairs, serving as a party delegate from Utah to every Republican convention between 1900
             119      and 1916;
             120          WHEREAS, in his only House term, Sutherland was instrumental in passing the

             121      Reclamation Act, which allowed Western water projects to be engineered and financed with
             122      federal money, allowing the Western States to grow much faster than if water projects had been
             123      left to private and state financing;
             124          WHEREAS, Sutherland chose not to run for a second term and resumed his practice
             125      with Van Cott;
             126          WHEREAS, in 1905, United States Senators were elected by State Legislatures;
             127          WHEREAS, years earlier, Sutherland had represented United States Senator Reed
             128      Smoot's father in a polygamy case and now, with the endorsement of his friend and Senator,
             129      Sutherland prevailed in an interparty fight with incumbent Thomas Kearns;
             130          WHEREAS, Sutherland's two-term Senate career was stellar;
             131          WHEREAS, through his legal ability, affability, and hard work, Sutherland
             132      accomplished much regarding women's suffrage, workers' compensation, reclamation, Indian
             133      affairs, and foreign policy;
             134          WHEREAS, Sutherland was the driving force behind the Federal Employer Liability
             135      Act, which created a workers' compensation system;
             136          WHEREAS, in support of the new system, Sutherland argued, "When we are able to get
             137      to the truth as to how these accidents happen we will be able to apply the remedy with greater
             138      certainty, so that the law is not only just in providing compensation to all injured employees,
             139      one of the legitimate expenses of the industry, but what is perhaps still more important, it will
             140      tend to greatly reduce the number of accidents and consequently the aggregate of human
             141      suffering";
             142          WHEREAS, Sutherland championed many other labor causes, earning him the praise of
             143      Samuel Gompers, President of the American Federation of Labor;
             144          WHEREAS, Sutherland's Judiciary Committee rewrote the United States Criminal and
             145      Judicial codes, "a monumental task" according to Chief Justice Charles Evans Hughes of the
             146      United States Supreme Court;
             147          WHEREAS, in 1907, Sutherland's courtroom skills were well displayed in the Senate
             148      where he mounted a detailed and successful defense of Senator Reed Smoot when the Senate
             149      considered expelling Smoot due to his religious and alleged polygamous practices;
             150          WHEREAS, Sutherland sponsored the Nineteenth Amendment to give women the right
             151      to vote in 1915 and exerted every effort to assure its passage;

             152          WHEREAS, Sutherland gave several well received speeches promoting the
             153      amendment, including a 1914 speech in which he stated, "I give my assent to woman suffrage
             154      because, as the matter appeals to me, there is no justification for denying to half our citizens the
             155      right to participate in the operations of a government which is as much their government as it is
             156      ours upon the sole ground that they happen to be born women instead of men";
             157          WHEREAS, Sutherland was not a pacifist, and contended that security should be won
             158      through vigilance and strength;
             159          WHEREAS, when Germany's new submarine fleet attacked shipping in the open sea,
             160      President Wilson's apparent vacillation in 1915 gave rise to sharp criticism from Sutherland in
             161      the Senate, where he stated, ".my own view of the matter is that the new weapon [the
             162      submarine] must yield to the law not that the law must yield to the new weapon.I for one am
             163      becoming sick and tired of the spineless policy of retreat and scuttle.Instead of warning our
             164      own people to exercise their rights at their peril I would like to see issued to other people a
             165      warning to interfere with these rights at their peril. The danger of it all is that by this policy of
             166      always backing down, instead of backing up, we shall encourage an increased encroachment
             167      upon our rights until we shall finally be driven into crises from which nothing but war can
             168      extricate us";
             169          WHEREAS, during his Senate years, Sutherland was frequently engaged as a speaker
             170      on many public issues and he gained a strong reputation as a constitutional scholar;
             171          WHEREAS, this reputation was enhanced by the fact that he argued three cases before
             172      the United States Supreme Court while serving in the Senate;
             173          WHEREAS, in 1915, Sutherland supported the Seventeenth Amendment, which
             174      provided for popular election of United States Senators;
             175          WHEREAS, in 1916, Sutherland ran for a third term against his old law partner and
             176      friend, William King, and lost;
             177          WHEREAS, although Sutherland had not run a statewide campaign for 16 years, his
             178      loss was likely due to the coattail effect of the antiwar fervor that propelled President Wilson to
             179      a second term, on the mantra that "He kept us out of war";
             180          WHEREAS, many Republican candidates were badly defeated in 1916, but in his
             181      consoling words to William Howard Taft on his loss of the presidential race, Sutherland stated,
             182      "We are to pass through a period of readjustment, and the present administration, in view of its

             183      past history, is not likely to deal with the serious problems which will arise in such a way as to
             184      satisfy the country. The result will be, therefore, that we shall come back into power for a long
             185      time";
             186          WHEREAS, the Republicans won the next three presidential elections;
             187          WHEREAS, after leaving the Senate, Sutherland practiced law in Washington, D.C.
             188      and argued four cases before the United States Supreme Court;
             189          WHEREAS, in 1917, Sutherland was elected President of the American Bar
             190      Association and gave a series of six lectures at Columbia University Law School on the
             191      Constitution and foreign affairs;
             192          WHEREAS, always a keen political strategist, Sutherland supported Warren G.
             193      Harding's seemingly unlikely but successful bid for the Republican presidential nomination,
             194      and after Harding was elected he appointed Sutherland as lead counsel for the United States in
             195      a seven week trial at The Hague;
             196          WHEREAS, Sutherland was also counsel to the United States Delegation to the
             197      Armament talks of 1921;
             198          WHEREAS, on September 5, 1922, President Harding nominated Sutherland for an
             199      open seat on the United States Supreme Court and the Senate unanimously confirmed him the
             200      same day;
             201          WHEREAS, there was great public interest in and support for Sutherland's appointment
             202      because he was the first Utahn to be appointed, one of the few Senators to ascend to the bench,
             203      only the fourth foreign born Justice to serve on the Court, and the first to do so since 1793;
             204          WHEREAS, as he had throughout every aspect of his life, Justice Sutherland worked
             205      very hard on the United States Supreme Court;
             206          WHEREAS, in 15 years he wrote 295 majority opinions, 35 dissents, and 1
             207      concurrence--an average of 20 majority opinions per year, which is double the average
             208      production of today's Supreme Court Justices;
             209          WHEREAS, Justice Sutherland's broad life experiences, sobriety, hard work, and
             210      self-reliance brought a valuable perspective to the Court;
             211          WHEREAS, Justice Sutherland's impoverished upbringing and boyhood years filled
             212      with extremely hard work, combined with his intellect and ambition, propelled him into the
             213      highest echelon of power on the state and national levels, exposing him to people from all

             214      walks of life;
             215          WHEREAS, Justice Sutherland's extensive experience in the state and national
             216      legislative branches gave him a solid foundation as a constitutional scholar and an expert in
             217      governmental affairs;
             218          WHEREAS, having seen temporary factions spring to life from time to time, claiming
             219      to have all the answers to society's challenges only to fade away and leave in their wake
             220      ill-considered legislation that often infringed on individual rights or violated other
             221      constitutional principles, Justice Sutherland was wary of the tyranny of the majority;
             222          WHEREAS, Justice Sutherland challenged the Congress, the President, and other
             223      courts in order to protect individual rights or fundamental constitutional doctrines;
             224          WHEREAS, in 1935, in Berger v. United States, wherein an Assistant U.S. Attorney
             225      was guilty of gross misconduct during a criminal trial, Justice Sutherland eloquently set the
             226      standard for prosecutorial misconduct when he wrote that the misconduct called for a stern
             227      rebuke and repressive measures, stating, "The United States Attorney is the representative not
             228      of an ordinary party to a controversy, but of a sovereignty whose obligation to govern
             229      impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a
             230      criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is
             231      in peculiar and very definite sense the servant of the law, the twofold name of which is that
             232      guilt shall not escape, or innocents suffer. He may prosecute with earnestness and vigor,
             233      indeed he should do so. But, while he may strike hard blows, he is not at liberty to strike foul
             234      ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful
             235      conviction as it is to use every legitimate means to bring about a just one";
             236          WHEREAS, this decision better clarified the prosecutor's role and obligations and gave
             237      trial judges a clear directive and authority to punish prosecutorial misconduct;
             238          WHEREAS, when Franklin D. Roosevelt overwhelmingly defeated President Hoover in
             239      1932, the Congress quickly passed many acts to address the economic calamity, but the laws
             240      were not thoroughly assessed from a constitutional point of view before they were passed;
             241          WHEREAS, this led to scores of court challenges, and many laws were struck down by
             242      unanimous vote in 1934, 1935, and 1936, while others were struck down by close votes on
             243      various constitutional grounds;
             244          WHEREAS, the most controversial opinions that Justice Sutherland wrote struck down

             245      portions of President Franklin Delano Roosevelt's New Deal legislation;
             246          WHEREAS, after his landslide 1936 reelection, Roosevelt proposed adding six Justices
             247      to the United States Supreme Court, which Justice Sutherland saw as a roadblock to economic
             248      recovery;
             249          WHEREAS, the political upheaval that the court-packing plan sparked caused
             250      conservative Justice Owen Roberts to change his votes and to uphold the New Deal legislation;
             251          WHEREAS, this switch of a vote and strong public opposition to court-packing led to
             252      its defeat in the Senate and avoided a constitutional, and perhaps a national, crisis;
             253          WHEREAS, Justice Sutherland was bitterly disappointed with Justice Roberts's vote
             254      change, and when the Supreme Court then reversed recent Supreme Court decisions,
             255      Sutherland dissented sharply, contending that political expediency had trumped constitutional
             256      principles;
             257          WHEREAS, much to the disappointment of moderates and conservatives, Justice
             258      Sutherland retired in 1938;
             259          WHEREAS, humble to the end, Sutherland did not mention the Supreme Court or his
             260      career in his last public address, the Convocation of the BYU Class of 1941, but instead
             261      reminisced about Utah in the 1860s and 70s, his daylong labors as a child, and his education at
             262      his beloved Brigham Young Academy;
             263          WHEREAS, above all he implored graduates to be vigilant caretakers of their character,
             264      then to focus on career, family, and church;
             265          WHEREAS, George Sutherland passed away in 1942;
             266          WHEREAS, this nation's heritage and good sense teach us to honor distinguished and
             267      exemplary forefathers; and
             268          WHEREAS, other public servants may deserve the recognition of having their names
             269      on the new federal courthouse, but none deserves it more than George Sutherland:
             270          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah urge
             271      the members of Utah's congressional delegation to work to have the new federal courthouse in
             272      Salt Lake City named after Justice George Sutherland.
             273          BE IT FURTHER RESOLVED that the Legislature urge the members of Utah's
             274      congressional delegation to make this effort in recognition of Justice Sutherland's lifetime of
             275      service to the citizens of the state of Utah as a member of the Utah Senate and to the United

             276      States as a member of the United States House of Representatives, a member of the United
             277      States Senate, and the only Utahn to serve on the United States Supreme Court, and whose
             278      example of humility and integrity in public service is unsurpassed.
             279          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the members of
             280      Utah's congressional delegation.

Legislative Review Note
    as of 2-11-13 9:38 AM

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