Joseph Frank McLaughlin
J. Frank McLaughlin | |
|---|---|
 | |
| Chief Judge of the United States District Court for the District of Hawaii | |
| In office September 5, 1951 – March 17, 1959 | |
| Preceded by | Delbert E. Metzger |
| Judge of the United States District Court for the District of Hawaii | |
| In office 1943 – March 17, 1959 | |
| Appointed by | President Franklin D. Roosevelt |
| Preceded by | Ingram M. Stainback |
| Personal details | |
| Born | Joseph Francis McLaughlin June 7, 1908 Leominster, Worcester County, Massachusetts, U.S. |
| Died | October 24, 1962 Honolulu |
| Education | Dartmouth College, 1930 (BA) Harvard University School of Law, 1933 (JD) |
J. Frank (Joseph Francis) McLaughlin (June 7, 1908 - October 25, 1962) was a United States District Judge of the United States District Court for the District of Hawaii in the Territory of Hawaii.[1]
Early life and education
Born in Leominster, Massachusetts, J. Frank McLaughlin graduated from Saint John's High School, in 1926. He received a Bachelor of Arts from Dartmouth College in 1930, followed by a Juris Doctor from Harvard Law School in 1933.[2]
Career
After graduating from a Harvard Law School, McLaughlin was in private practice in Whitinsville, Massachusetts from 1933 to 1935. He worked for a year in the United States Justice Department in Washington, D.C. and arrived in the Territory of Hawaii in 1936.[3]
Federal judicial service
In 1942, McLaughlin was nominated by President Franklin D. Roosevelt to a seat on the United States District Court for the District of Hawaii vacated by Judge Ingram M. Stainback. He was confirmed by the United States Senate in 1943.[3]
Notable cases
Kotohira Jinsha v. McGrath, 90 F. Supp. 892 (D. Haw. 1950)
On June 1, 1948, U.S. Government officials raided and seized the Kotohira Jinsha Shrine under the Trading with the Enemy Act, and announced its sale the following year. Representatives for Kotohira Jinsha filed a lawsuit contending that the shrine had been wrongfully seized.
Senator J. Howard McGrath of Rhode Island was the Attorney General of the United States appointed by President Harry Truman in 1949. The lawsuit against the Attorney General's office became Kotohira Jinsha vs. McGrath.
The trial was held on May 17, 1950. Recent Harvard Law School graduate (Class of 1948) and future Hawaii Supreme Court Justice, Frank D. Padgett, argued his first case on behalf of the shrine.
The following day, Judge McLaughlin, citing the First Amendment, ruled in favor of the plaintiffs, Kotohira Jinsha. McLaughlin ordered that their property be returned to them, and rebuked the actions of Attorney General McGrath and the Federal Government.
In his opinion Judge McLaughlin stated, "The undisguised fact is that this plaintiff's property was vested taken away because what plaintiff believes in was disliked or suspected, and by taking away its base of operations, its fervor for its beliefs would tend to diminish and eventually vanish. Not until the evidence was concluded was I willing to even listen to argument on this point, for I could not believe it. I still do not believe the Attorney General really acted on such a basis even though such evidence as the Court was given might so indicate."[4]
"We have not yet come to the point nor will we ever while "this Court [also] sits" where the Government can take away a person's property because it does not approve of what that person believes in or teaches by way of religion or philosophy of life. The First Amendment forbids."[4]
References
- ^ "Senate Confirms J. F. McLaughlin Judge In Hawaii". Fitchburg Sentinel. March 13, 1943. Retrieved September 19, 2020.
- ^ "Colorful Judge McLaughlin Dies". The Honolulu Advertiser. October 26, 1962. Retrieved September 19, 2020.
- ^ a b "McLaughlin Nominated Federal Judge Here". The Honolulu Advertiser. February 2, 1943. Retrieved May 19, 2021.
- ^ a b "Kotohira Jinsha v. McGrath, 90 F. Supp. 892 (D. Haw. 1950), US District Court for the District of Hawaii - 90 F. Supp. 892 (D. Haw. 1950)". Justia. Retrieved September 7, 2021.
{{cite web}}: CS1 maint: url-status (link)
 | This biography of a judge in the United States is a stub. You can help Wikipedia by expanding it. |