Nathan Ross Margold

Last updated
Nathan Ross Margold
Born1899
Iași, Romania
DiedDecember 17, 1947
Alma mater City College of New York
Harvard University
OccupationLawyer

Nathan Ross Margold (1899 - December 17, 1947) was a Romanian-born American lawyer. He was a municipal judge in Washington, D.C., and the author of the 1933 Margold Report to promote civil rights for African-Americans through the courts. He was also a supporter of Native American civil rights and Native American sovereignty. In addition to his legal career, Margold is remembered as the father of adult film pioneer William Margold.

Contents

Early life

Nathan Ross Margold was born in Iași, Romania in 1899, to Wolf Margulies and Rosa Kahan. He was brought to the United States at age two. Growing up in Brooklyn, he graduated from City College of New York in 1919. [1] Margold then attended Harvard Law School. [2] He became the editor of the school's Law Review. [3] He was a "protégé" of Felix Frankfurter, [4] [5] who interested him in working for social reforms and workers rights. [3] Latter, during the New Deal era, former students of Frankfurter who joined the U.S. Federal government (including Margold) were collectively referred to as "Happy Hotdogs" invoking a pun on their mentor's name. [3]

Career

After earning his law degree, Margold returned to New York City in 1923 and set up a private practice. [3] From 1925 through 1927 Margold served as the assistant U.S. attorney for the Southern District of New York. [3] In 1927 Margold married Gertrude Weiner (the couple would go on to have a son). [3]

Also in 1927, Felix Frankfurter persuaded Margold to return to his alma mater, the Harvard Law School, and teach Criminal Law. [6] [3] Harvard president A. Laurence Lowell opposed Margold, as he did not want another Jewish reformer on the faculty. Lowell's opposition was countered by law school dean Roscoe Pound who was a supporter of Frankfurter. Pound was forced to back down to Lowell after almost two years of pressure, and Margold lost his job. [3] Margold returned to his private practice in New York City in 1928. [3]

From 1928 through 1929 Margold served as a special counsel for the New York Transit Commission. [3] In 1930 he served as a legal adviser on Indian affairs for the Institute for Government Research. [3] During this time Margold also wrote many articles for law journals and coedited Cases on Criminal Law. [3]

Due to Frankfurter's recommendation, the National Association for the Advancement of Colored People (NAACP) recruited Margold as a special counsel beginning from 1930 through 1933. [3] In 1931, Margold wrote a book-length strategy (often referred to as the Margold Report), presenting an outline to desegregate public schools in the south. The NAACP adapted many of its ideas to advance civil rights for African-Americans through the courts, culminating in 1954's Brown v. Board of Education . [2] [4] [3]

Margold received recommendations from Frankfurter and Justice Louis Brandeis and was hired as the solicitor for the United States Department of the Interior. He served in this department from 1933 to 1942, [6] including acting as an aide to Interior Secretary Harold L. Ickes. [7] [3] Ickes named him as chairman of the Petroleum Administrative Board after the National Recovery Administration codified the industry. [3] He was then appointed chairman of the Petroleum Labor Policy Board to administer that code, and served in that position from 1933 to 1935. [3] The position was dissolved when the U.S. Supreme Court ruled that parts of the National Industrial Recovery Act, which had delegated petroleum code-making authority to the Executive branch, were unconstitutional in Panama Refining Co. v. Ryan . [3] From 1933 to 1935 Margold also acted as a special assistant attorney general. [8] With John Collier, Margold wrote the solicitor's opinion, "Powers of Indian Tribes" which was issued October 25, 1934, and commented on the wording of the Indian Reorganization Act. According to Vine Deloria Jr. and Clifford M. Lytle, "Modern tribal sovereignty thus [began] with this opinion" because the opinion recognized that the sovereignty of Indian tribes was inherent, rather than being granted to them by the federal government. [9]

In 1940, Margold wrote the introduction to the Handbook of Federal Indian Law by Felix S. Cohen. [10] Margold believed that Indian self-governance was "a revealing record in the development of our American constitutional democracy." [10]

Margold was a member of the Modern Forum of the League for Peace and Democracy, an organization named as a "Communist front organization" by witnesses during a hearing of the House Un-American Activities Committee in 1938. [11]

Recognizing his loyalty and legal expertise, Franklin Delano Roosevelt named Margold as a judge on the Municipal Court for the District of Columbia in 1942 where he continued to serve until 1945. [6] [7] [8] He was then moved to the U.S. District Court in the District of Columbia and served there until his death in 1947. [8]

Death

Margold died on December 17, 1947, in Washington, D.C. [7] [12]

Related Research Articles

<span class="mw-page-title-main">Indian Reorganization Act</span> United States Law

The Indian Reorganization Act (IRA) of June 18, 1934, or the Wheeler–Howard Act, was U.S. federal legislation that dealt with the status of American Indians in the United States. It was the centerpiece of what has been often called the "Indian New Deal". The major goal was to reverse the traditional goal of cultural assimilation of Native Americans into American society and to strengthen, encourage and perpetuate the tribes and their historic Native American cultures in the United States.

<span class="mw-page-title-main">Stanley Forman Reed</span> US Supreme Court justice from 1938 to 1957

Stanley Forman Reed was an American lawyer and jurist who served as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He also served as U.S. Solicitor General from 1935 to 1938.

<span class="mw-page-title-main">Felix Frankfurter</span> US Supreme Court justice from 1939 to 1962

Felix Frankfurter was an Austrian-born American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judicial restraint in its judgements.

Worcester v. Georgia, 31 U.S. 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional. The opinion is most famous for its dicta, which laid out the relationship between tribes and the state and federal governments. It is considered to have built the foundations of the doctrine of tribal sovereignty in the United States.

<span class="mw-page-title-main">Franklin D. Roosevelt Jr.</span> American politician (1914–1988)

Franklin Delano Roosevelt Jr. was an American lawyer, politician, and businessman. He served as a United States congressman from New York from 1949 to 1955 and in 1963 was appointed United States Under Secretary of Commerce by President John F. Kennedy. He was appointed as the first chairman of the Equal Employment Opportunity Commission from 1965 to 1966 by President Lyndon B. Johnson. Roosevelt also ran for governor of New York twice. He was a son of President Franklin D. Roosevelt and First Lady Eleanor Roosevelt, and served as an officer in the United States Navy during World War II.

<span class="mw-page-title-main">Indian country</span> Self-governing Native American community in the United States

Indian country is any of the many self-governing Native American/American Indian communities throughout the United States. As a legal category, it includes "all land within the limits of any Indian reservation", "all dependent Indian communities within the borders of the United States", and "all Indian allotments, the Indian titles to which have not been extinguished."

<span class="mw-page-title-main">Harold L. Ickes</span> American politician (1874–1952)

Harold LeClair Ickes was an American administrator, politician and lawyer. He served as United States Secretary of the Interior for nearly 13 years from 1933 to 1946, the longest tenure of anyone to hold the office, and the second longest-serving Cabinet member in U.S. history after James Wilson. Ickes and Labor Secretary Frances Perkins were the only original members of the Roosevelt cabinet who remained in office for his entire presidency.

<span class="mw-page-title-main">Vine Deloria Jr.</span> American writer (1933–2005)

Vine Victor Deloria Jr. was an author, theologian, historian, and activist for Native American rights. He was widely known for his book Custer Died for Your Sins: An Indian Manifesto (1969), which helped attract national attention to Native American issues in the same year as the Alcatraz-Red Power Movement. From 1964 to 1967, he served as executive director of the National Congress of American Indians, increasing its membership of tribes from 19 to 156. Beginning in 1977, he was a board member of the National Museum of the American Indian, which now has buildings in both New York City and in Washington, DC, on the Mall.

<span class="mw-page-title-main">Max Lowenthal</span> American political figure

Max Lowenthal (1888–1971) was a Washington, DC, political figure in all three branches of the federal government in the 1930s and 1940s, during which time he was closely associated with the rising career of Harry S. Truman; he served under Oscar R. Ewing on an "unofficial policy group" within the Truman administration (1947–1952).

<span class="mw-page-title-main">Franklin D. Roosevelt and civil rights</span>

Franklin D. Roosevelt's relationship with Civil Rights was a complicated one. While he was popular among African Americans, Catholics and Jews, he has in retrospect received heavy criticism for the ethnic cleansing of Mexican Americans in the 1930s known as the Mexican Repatriation and his internment of Japanese Americans during the Second World War. From its creation under the National Housing Act of 1934 signed into law by Roosevelt, official Federal Housing Administration (FHA) property appraisal underwriting standards to qualify for mortgage insurance had a whites-only requirement excluding all racially mixed neighborhoods or white neighborhoods in proximity to black neighborhoods, and the FHA used its official mortgage insurance underwriting policy explicitly to prevent school desegregation.

<span class="mw-page-title-main">Willkie Farr & Gallagher</span> Law firm

Willkie Farr & Gallagher LLP, commonly known as Willkie, is a white-shoe, international law firm headquartered in New York City. Founded in 1888, the firm specializes in corporate practice and employs approximately 1000 lawyers in 13 offices across six countries.

Ernst Freund was a noted American legal scholar. He received a Dr. Jur. from the University of Heidelberg (1884) and a Ph.D. in political science from Columbia University (1897). He was professor of political science at the University of Chicago (1894–1902) and then professor of law at Chicago (1903–1932), serving as the John P. Wilson Professor of Law (1929–1932). Freund was principally responsible for the development of administrative law in the United States during the early twentieth century. He was one of the organizers of the Immigrants' Protective League (1908). The University of Chicago Law School has established the Ernst Freund Distinguished Service Professorship of Law and Ethics in his honor, a seat currently held by philosopher Martha Nussbaum. U.S. Supreme Court justice Felix Frankfurter described Freund as "one of the most distinguished of all legal scholars in the whole history of the legal professoriate".

<span class="mw-page-title-main">Donald Richberg</span> American lawyer

Donald Randall Richberg was an American attorney, civil servant, and author who was one of President Franklin D. Roosevelt's key aides and who played a critical role in the New Deal. He co-wrote the National Industrial Recovery Act, was general counsel and executive director of the National Recovery Administration. He also co-authored the Railway Labor Act, the Norris-LaGuardia Act, and the Taft-Hartley Act.

Alan Barth was a 20th-century American journalist and author, specializing in civil liberties, best known for his 30-year stint as an editorial writer at The Washington Post as well as his books, particularly The Loyalty of Free Men (1951).

Ex parte Crow Dog, 109 U.S. 556 (1883), is a landmark decision of the Supreme Court of the United States that followed the death of one member of a Native American tribe at the hands of another on reservation land. Crow Dog was a member of the Brulé band of the Lakota Sioux. On August 5, 1881 he shot and killed Spotted Tail, a Lakota chief; there are different accounts of the background to the killing. The tribal council dealt with the incident according to Sioux tradition, and Crow Dog paid restitution to the dead man's family. However, the U.S. authorities then prosecuted Crow Dog for murder in a federal court. He was found guilty and sentenced to hang.

Hocutt v. Wilson, N.C. Super. Ct. (1933) (unreported), was the first attempt to desegregate higher education in the United States. It was initiated by two African American lawyers from Durham, North Carolina, Conrad O. Pearson and Cecil McCoy, with the support of the National Association for the Advancement of Colored People (NAACP). The case was ultimately dismissed for lack of standing, but it served as a test case for challenging the "separate but equal" doctrine in education and was a precursor to Brown v. Board of Education, 347 U.S. 483 (1954).

Alice Mae Lee Jemison (1901–1964) was a Seneca political activist and journalist. She was a major critic of the Bureau of Indian Affairs (BIA) and the New Deal policies of its commissioner John Collier. She lobbied in support of California, Cherokee, and Sioux Indians during her career, supported by the Seneca Tribal Council. Her work was condemned by the Franklin D. Roosevelt administration and she was described harshly in press conferences and before Congressional committees, and for a time she was put under FBI surveillance.

Nathan Greene, also known as "Nuddy" Greene, was an American lawyer and legal scholar. He cofounded the International Juridical Association and cowrote The Labor Injunction with his professor and future Supreme Court Justice Felix Frankfurter. The book criticized the U.S. Supreme Court for creating "government by injunction".

David E. Wilkins, a citizen of the Lumbee Nation, is a political scientist specializing in federal Indian policy and law. He is the E. Claiborne Robins Distinguished Professor in Leadership Studies at the Jepson School of Leadership Studies in the University of Richmond. He studies Native politics, governance, and legal systems, with a particular focus on Native sovereignty, self-determination, and diplomacy. Wilkins was a student of Vine Deloria Jr., coauthoring two books with Deloria and writing a book about his intellectual impact.

Clifford M. Lytle was a political scientist, scholar of Native American studies, and legal scholar. He was a distinguished university professor in the department of political science at the University of Arizona. He frequently collaborated with fellow University of Arizona political science professor Vine Deloria Jr.

References

  1. Strum, Philippa (2010). "Nathan Ross Margold". American National Biography. Oxford University Press / American National Biography.
  2. 1 2 Williams, Juan (January 18, 2004). "THE COURTS; Poetic Justice". The New York Times. Retrieved January 1, 2018.
  3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 William D. Pederson (2009). The FDR Years. Facts On File, Inc. p. 172.
  4. 1 2 Rice, Condoleezza (2017). Democracy: Stories from the Long Road to Freedom . New York: Grand Central Publishing. p. 59. ISBN   9781455540181.
  5. Smith, Jason Scott (2006). Building New Deal Liberalism: The Political Economy of Public Works, 1933-1956. Cambridge, U.K.: Cambridge University Press. p. 61. ISBN   9780521139939. OCLC   761547167.
  6. 1 2 3 "Judge Margold Dies" . The Fresno Bee. Fresno, California. December 16, 1947. p. 14. Retrieved January 1, 2018 via Newspapers.com.
  7. 1 2 3 "Other Deaths" . The News Journal. Wilmington, Delaware. December 17, 1947. p. 33. Retrieved January 1, 2018 via Newspapers.com.
  8. 1 2 3 William D. Pederson (2009). The FDR Years. Facts On File, Inc. p. 173.
  9. Vine Deloria and Clifford M. Lytle (1984). The Nations within: The Past and Future of American Indian Sovereignty. Pantheon Books. p. 160.
  10. 1 2 "Indians Entitled To All Rights of U.S. Citizenship" . The Independent Record. Helena, Montana. August 10, 1940. p. 5. Retrieved January 1, 2018 via Newspapers.com.
  11. "War Reporter Bares Slaying of Americans. Communists Rule Loyalist Roost, Inquiry Told" . Democrat and Chronicle. Rochester, New York. November 23, 1938. p. 3. Retrieved January 1, 2018 via Newspapers.com.
  12. "Jurist Dies" . The Los Angeles Times. p. 12. Retrieved January 1, 2018 via Newspapers.com.