United States. Congress. House. Committee on Publi.

H.R. 3356, to designate the United States Courthouse under construction at 611 Broad Street, in Lake Charles, Louisiana, as the Edwin Ford Hunter, Jr. United States Courthouse : H.R. 2868, to designate the federal building located at 600 Camp Street in New Orleans, Louisiana, as the John Minor Wi online

. (page 2 of 2)
Online LibraryUnited States. Congress. House. Committee on PubliH.R. 3356, to designate the United States Courthouse under construction at 611 Broad Street, in Lake Charles, Louisiana, as the Edwin Ford Hunter, Jr. United States Courthouse : H.R. 2868, to designate the federal building located at 600 Camp Street in New Orleans, Louisiana, as the John Minor Wi → online text (page 2 of 2)
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Spnngiull for two years, mov-
ing to the fim' of Smith
Hunter, Rismger and Shev7 iii
Shrevepor: Tvhere he stayed
until his appcuitneci
'" ieral judiciary,

.\fter tno years in Shreve
,. >n, Judp Hunter began ser-
v:c3 in the U.S. 'SAvy. From
1542-45 he ser/ed o.". the VSS
Sfiiatoga ar.d the USS St.
?fdl. He was discharged frcm
iie .\svy as a lieutenant

.iJter revjr.-J.-s -0 Shrev.-
pcrt. -..-.a judge became active
in t.-.e .i,T.er:ca.-. LeSon. I.i

On Feb. 10. l°r.i, Prejtdast.
^"^ignt D. Zisenr.c'.vir afscist-'
ec Hunter a 'S'^o-i' "-'s^^rt^
;udX2. At ;r.i: -.;me he sa: an-
:r.e bench of ±i fourth soutis-'
em diTiSicr. — .i.l=::r:dr:3,
Laia. C2aL-i2£, Coeicusas aci-'

•"^ u d g e Huntur'a freedomi?'
;.ro.T. sern.-; i:: orher divJr'
/iicr.3 was sr.crt livjc. Last."
/ licnday he sa: ot; a tirse». .
I ".tc'ie appeal: ccur; paai:'
I hsarjii new Jiligaticn on the'
.-.crJ-.-south :alL-cad rats case..-
I It had been charsed that raii-'
">idi were charsirj Scmias,^
frlppera ai§her rates thazt
io£e in the .Vorth,

Sose two years ago *j2e
y.3. Supreme Court unhelti a
decision written by Judge Kun-.
'er as a member of a irefr - -
judge panel hearing the rail-;
road rate case. The decsioo
looked upon as a landmark
which .erased disc-jainatorj^-

t_ He has been rm severaj US*-**
' - ::th Ctrctill Ccort of AopeaJik^

• panels. His cost recen't ser- 'fi

• vice on the apoeaU bench bSB- ^
^beea in the" case of Carlos.-


Judge Hunter had beea-,;
reticent about his sitting on
that case as.Js !a .a^tiat^i
sfcool days ath-etjce activity
/He was an all-state footba_

i);3yer at Boiton and war',

[captain cf the LSU tennSa
teanr.'Tte last thing he wact&vi^

Ito be Joiown as is a fomtei^^i

^ate athlete, however,

Wayj CoH

< Ju<ge. JJuswf does noS^v.
sices^.j-y^Hetic prowes^^
-7fitjiy'*r2iy' as a newspaj
i*f :•' CI some years ago

1. - S judgs still piayi. gilf-'^
regularly and atj g^his ^j pi'
is not far off tfcOhes" "


rrogrorn Spurns Sioie Job

■^ 'Hrw Ofnia JUt«» Kutt "ftnuti '' ■' ■ '■ ^ ' '"■'■S\

3ATCN SCUGZ— A Shrsv«pcrt. ^Kersey.-sitS i* j.x^rtssa crt

4r.« tera in 'At Z^r-slarjrs hoi iirsetsd '>.« 7r!?arss^ :i Gcv.'

?^c«rt 7. K<sncn'i :e5:slat\"» ::rs??m isd 1^ zr.xr;2Z v.-J: -.-.a .->

JpcnsJbt^^/ it ^jsrur.-? :: - '•j^u^h. - % !

Thj JttsrM'/ "-J livvis r. Hur.ar J.*., in isarrs^s (C-.-'ir-iid .r.aai

r*.r.c>— vtU jr.; v-ir. -'^ '.^■•,:::i.-
1 ^J:.c=a ai:ns:.-.:rr..^r.i: "i:.-.

ZSWEf 7. 3C : nZ3 . J3.

>iT-,vi3 :tai» n;a;a?3r :f L:a :uc- ■
•cjssrjl X^nscn earr.ja:?:* *r>;;n ;

;',ir;r.3ed th» jotitlciaRS cf ths I

:Ta:s NuitS :« vote-jath«rs? pcwsr.J
~T-?uater is jr.vataiy ur.SMy icou:

li^jiasn "xwajtl u-.a Xsr.ncn ?rc-

jjror. :o taxa jow^rs ou: at :h»

[hscia at ths 3ov«rTcr i.-id jlaea

j:Ssni '*nA boaria wns wctiid ad-

I— .jxaur bi? 3-p«r.!iirj; ajsrsiss

I such asthe highway separtr.snt.

i Suti a prejrsn -itiild s",eafl

:*3i jacanaja .'aba for "-':« lesisia-'turr.ed ts Xsr.sen ait« 3©tss Icat
ten. .. .„i;. - • ,)Li-m«£js:?r:n:3r/, T>.3 Cd ?-«?♦

CacompromUlajf !a Views |ular3, rc-v IL-Jwd '*-i!h Gov. Sari.

Hiistar is vmesir.promia:.':^ In bft-iK. Lor.s'J Xevw Orleans fortss ir.i
J:«v".r.3 !Aa! tM X«r.r.cR prcgrs.-r-it^.e H^tjIat l-;uaiar.a DstrecratisI
ft? jXa stats is ♦->» best. ■ • lCrsar^at:cn. si:?pertsd Carl=i

"Zarr.a p«cpie cai) ■i.'-.a I<ir.-:n scant. •at.«» Xarxon d*/ia:9d in
;iir; i distaicnhip," he said. "liij.'-.s second jr.niary.
-"•.STJ :i aryThis? iess Uka a die- Xenoon Prrjjraia !> Tiairi

]ta:w5.-r3 Lhan 'ie plan :s sst -j^i "C.e »ov«rrx. - 3 :»slt:cn is xhis."
beards ter ti-.e hardlis? at :J-.e bijjaid Har.ur, "The maior.ty ot -.na

j3t«rjii:? isaccies I'd lik* to ;c-.owiie»:-iaTan - ver? elected on t.'ie Sen-

.accGt ;:." ..;.-■ • ipcn zzxiz. T-.ersfcre the Ktrxan

|. 'T::s bi; issue hetor* ihe I.er>'pit:?TaKi is Asir program and it

jiarjis, ! seiieve." Hunisr csr.. -a aie Lj^isiarora's iob to put tl;»
tisuad. "is 'ije prcjram ■wric.'i -yjU'^TS gra ni nv ^r. ■ ...-v. v ! :. •^

• caU .':r the loss of jcwer by t-hei "The legtslatsrsVave a*^jjntee^

jjeverr.sr." ., - ■ jiram the peoBle to cany out •.':e)

.SesEca has said it was ir-.Fosst-.Sen.-.cn srcsran." ■" ' ' - -i

bl« tor the goverrxr 'ji prtperiy; H'^nter is xairted, ts» lathe? ot\
adni-'istsr by himself the r.uiK-ja bory, 9, and girl, 2. '■ .'.•

|aiilIicB dctlar budget of t.^e state i Ks has ecrfidenee in others
ar.d ia var.ous departatencs. , I asks advtce S'jquentiy. ■ ■■■.'■'
3«U«« 8B 3p«»dU»? Cats \ He attended Louisiana Slate' ci-i

Kis ?iaa is to place independent iversity and George tVashinjtea uci-l

l'oe«rdi« in c^arje of spending. ;versity. Wash;n?tcn, D. C. icrj
these beards to be selecrsd by civic :.':ree years eae-T. Ke jot his lawf
ar.d business interests cf the state. ids?Tse at Gecrje ■Washington. » '
Huster n-.aicas so bcnes about his. To Hesaiae Ptactlee , H

rsliar.ce en groups of l^jaJators' Kun:er will return to the lawij
not onr:sal»y all jned with Xenconi firm of Sraiih. Kur.tsr, Jlisingar.j

jto carry '.hrsujh a Frogram which land Sbuey In Shrsvejor: after 'Jr.t-

icalis fir ihar? cuts ia spendlnjs— iL«r-siarjr3 csreplstes Its 60-day
cuts wnieii Kenron said wrtHjisrm. •^■'^■,

iatnouB: V3 at least _J1, million a I, He served in the Lejisiatura for
noot-t. .■,-<•• i^,pg ^gj_jj teginnin? in 1348 and

"ITje ad.Tinistratlon Is depend- ie.hose no: to rin again. '
int en the support of the C.tsegntj. The Lon? ad-Tinisrration, which
Civ E4!««crade Association as 'he opposed dunn? his tsrm as a
w*J3 at the C!d HeguJars ej ^•ew raprjsentatlve trem Caddo paiitb.
QT\e*i\a." he Mid. . ■ - la»v» J-Jm. oiuy in»l?ra«c»Bt cotr.-


The CCriA supported ,C:n»Tt«v!n-uttee posts, because of his crlti-
iin Haie Scggs for zesprror ar.d;c;sm of Lena's program. .,.^^y


Mr. Traficant. Mr. Duncan.

Mr. Duncan. Well, I certainly appreciate Mr. Hayes being here
and I support his legislation.

With that, I'll yield back.

Mr. Traficant. Mr. Chairman, we appreciate your being here.
You're doing an outstanding job with Science, Space, and Tech-
nology. We will act on your initiative. We're glad to have you, and
thank you for your straightforward remarks.

Mr. Hayes. Thank you very much, Mr. Traficant.

Mr. Traficant. Naturally, I support approval of this legislation,
and I thank Congressman Hayes for his testimony.

Our next witness this morning is also a Representative from
Louisiana, Congressman William J. Jefferson, who will testify on
H.R. 2868, a bill to designate the Federal building located at 600
Camp Street in New Orleans, Louisiana, as the "John Minor Wis-
dom United States Courthouse."

Mr. Jefferson, welcome. The floor is yours.


Mr. Jefferson. Thank you very much, Mr. Chairman and mem-
bers of the subcommittee.

I want to thank you for holding this hearing today on H.R. 2868,
a bill to designate the Federal building located at 600 Camp Street
in New Orleans, Louisiana, as the "John Minor Wisdom United
States Courthouse."

This bill is cosponsored by all members of the Louisiana delega-
tion, including Representatives Hayes, Livingston, Tauzin, Fields,
McCrery, and Baker; and Senators Johnston and Breaux have in-
troduced similar legislation.

Thousands of pages have been written about Judge John Minor
Wisdom over the years. Among other laudatory descriptions, he has
been called a "quintessential appellate judge of great courage,
imagination, ingenuity, compassion, and flexibility." His opinions
bore his unmistakable imprint, the Wisdom pennant, as one of his
former colleagues for whom I clerked. Judge Alvin Rubin, denomi-
nated it. Of one of his opinions used to illustrate this point. Judge
Rubin wrote, "It was lucid and succinct; it states the governing
principle, and applies that principle to finally resolve the issue. It
thus serves the ideal functions of every fine appellate opinion:
clarifying the rule of law applicable to the case before the court and
deciding the merits of that case."

Judge Wisdom joined the United States Court of Appeals for the
Fifth Circuit in 1957 and is still an active member at the age of
88, a senior judge with an active docket.

Judge Wisdom has participated in over 5,000 reported cases and
has authored over a thousand published majority opinions in his 36
years on the court. Although he has written distinguished opinions
in many areas of law — from admiralty law to contracts law to Con-
stitutional law and employment law — Judge Wisdom will be best
remembered for his work in the area of civil rights.

A former colleague on the Fifth Circuit, and now a senior judge
on the Eleventh Circuit, Judge Elbert Tuttle, said, "Judge Wis-
dom's most admired and most important decisions were in the


broad field of civil rights, primarily racial civil rights. The imme-
diate benefits from these decisions to the parties were immeas-
urable. But beyond that, in the reasoning that led him to his con-
clusions for the court in those cases, he espoused a judicial philoso-
phy that has redounded to the benefit of our whole society."

Some of the leading cases authored by Judge Wisdom included:

United States v. Louisiana, which suspended the State discrimi-
natory voters' registration law;

United States v. Jefferson County Board of Education, a land-
mark case on school desegregation;

Meredith v. Fair, which desegregated the University of Mis-

Labat v. Bennet, which required the Orleans Parish jury venue
to be drawn from a cross-section of the community; and

United States v. Texas Education Agency, which set new stand-
ards for school desegregation affecting Hispanics.

I have included a more extensive list of cases for the record, Mr.

It has been written that Judge Wisdom's "task was to give effect
to the Constitution in a hostile environment by teaching under-
standing and respect for the rule of law." A former law clerk
brought the hostile environment issue to life and made it under-
standable to all when he wrote that Judge Wisdom's "dogs were
poisoned; rattlesnakes were thrown into his garden; he and his
family were kept awake during much of the night by abusive tele-
phone calls; and he received wholesale shipments of crude and
hate-filled mail," but, "Judge Wisdom was unbending in the face of
such abuse and intimidation," his clerk reports, "and his conviction
never wavered."

Mr. Chairman, our legal system has been enriched by Judge Wis-
dom's role in reshaping the law of civil rights and liberties in
America and, by doing so, reshaping the very face of opportunity
in America. Recalling the words penned by Maxwell Anderson in
his play. Valley Forge, "There are some men who lift the age they
inhabit, until all men walk on higher ground." John Wisdom is
such a man. He has lifted the level of the age in which he lives
by combining his love of liberty and high morality to advance
human rights to a degree rarely achieved by a single individual.
Thanks to him, we all stand on higher ground.

For this reason above many, many others, it is most fitting that
the Federal Courthouse in New Orleans be named after this leg-
endary figure in American Jurisprudence, Judge John Minor Wis-

Again, Mr. Chairman, I appreciate appearing before the sub-
committee today and your consideration of this important bill.
Thank you very much. I have, for the record, a list of distinguished
opinions of Judge John Minor Wisdom.

[The following was received for the record:]




United StatttB v. Louisiana, 225 F.Supp. 353 (B.O. La. 1963),
aff'd, 380 U.S. 145 (1965)

(Approved the freacina principle suspending state
voters' registration law} history of the
disenfranchise«ent of blacka in Louisiana i duty of
federal courts to protect federally created or
federally guaranteed rights).

United States v. Jefferson County Bd. of Education, 372 F.2d
636} 380 F.2d 3B5 (en banc), cert, denied, 389 U.S. 840

(Landaark case on desegregation of schools by
affimative action to desegregate 'lock, stock, and
barrel ■ )

Singleton v. Jackaon Municipal 8ch. Dist. (Singleton I), 342
V.2d 336 (1968); Singleton IX (1966)
(Breakthrough in the slow aovenent of school

Meredith v. Fair, 298 F.2d 696 (1962)} 313 F.2d 532 (1962)
(Desegregated the University of Mississippi)

United States v. City of Jackson, 318 F.2d 1 (1963)

(Desegregated bus and railroad teroiinals in Jackson,

United States v. Barnett, 346 F.2d 99, 104 (1965)

(Dissented fron coiirt's dismissal of charges of
conteovt against Governor Ross Barnett)

United States v. Cox, 342 U.S. 167, 185 (1965)

(Dissent! power of executive and judiciary against
grand jury)

United States v. Ku Klux Klan, 250 F.Supp. 330 (B.D. La.

(Injunction against the Klan to protect blacks in
Nashington Parish frosi econooiic duress and physical

Labat V. Bennett, 365 F.2d 698 (1966)

(Required Orleans Parish jury eystea to be dravn from a
cross -section of the cocmunity)

Danbrovski v. Pfister, 227 F.Supp. 556 (K.O. La. 1964,
rav'd, 380 U.S. 479 (1965)

(Supreme Court upheld dissent t Would enjoin State of
Louisiana from using legislative and judicial processes
to harass civil rights leaders by unwarranted



Donaldson v. O'Connor, 493 r.2d 507 (1974), aff d, 422 U.S.
563 (1975)

(Tha ?ourt«enth Anandment guaurantaas the right to
traatiaant to persona involuntarily civilly committed to
a stata ntental hospital)

United States v. Texas Education Agency (Austin case), 467
P. 2d 848 (1972); 532 r.2d 380 (1976), vacated and
ramandad, 429 U.S. 990 (1976) l 564 F.2d 388 (1977)
(Desegregation of tri-ethnic school systeai
dlBcrLoination against Hispanics; de jure
discrljoi nation not confined to statutory

Local 189, United Papemokers and Paperworlcers v. United

States, 416 F.2d 980 (1969), cert, denied, 397 U.S. 919


(Landnark opinioni "Rightful place' theory adopted

prohibiting awarding future jobs based on seniority

system with locked In race discrinination)

James v. Stockham Valves, 559 F.2d 310 (1977)

(Deals with enployment discrinination, including
racially discriminatory seniority system and testing
programs )

Weber v. Kaiser Aluminum, 563 F.2d 216 (1977)f rev'd, 443
U.S. 193 (1979); 611 F.2d 132 (1980)
(High impact decision. Supreme Court upheld dissent i
Af fiznative action agreement approved allowing black
employees to enter training program with less seniority
than white competitors.

Cipriano v. City of Houma, 286 F.Supp. 823, rev'd, 395 U.S.
701 (1969).

(Dissents Would hold unconstitutional state lav giving
only property tajcpayars the right to vote on revenue
bond issue)

Plante v. Gonsales, 575 F.2d 1119 (1978), cert, denied, 439
U.S. 1129 (1979).
(Florida Sunshine Amendment constitutional)

State of Texas v. United States, 730 F.2d 339 (1984)

(Staggers Act is constitutional. Matlonal Leaaue of
Cities inapplicable to statute that does not address
matters indisputably attributes to state sovereignty

DeLuna v. United States, 308 F.2d 140 (1962)

(Malt with privilege dgainst self-incrlnination)

Dallas County v. Coonnercial Union Asaoc. Co. Ltd., 286 F.2d
388 (1961) (Liberalised exceptions to hearsay rulet relied
on for formulation of omnibus axoeption in P»d. R. Bvid.

Offshore Co. V. Robiason, 2S6 F.2d 769 (1959). Seainal

(Established liberal teste for what is a 'vessel* and
who is a 'seaioan')

In re Unterweser Reederei, GMBH, (Breoan v. Zapata) 428 P. 2d
888 (1970); 446 P. 2d 907, rev'd, 407 U.S. 1 (1972).
(Supreme Court upheld dissent t would uphold for\ua
selection clause in towage contract containing
exculpatory clause generally condenned)

Mslancon ▼. HcKeithen, 345 P.Supp. 1025 (E.D. La. 1972),

aff'd, 409 U.S. 943 (1972)

(Seventh Aaendnsnt not incorporated into Fourteenth so
as to require jury trials in civil cases and to bar
Louisiana appellate review of the law and the facts.
Review of historical baclcground and decline of the
civil Jury)

Hyde V. Chevron, 697 P. 2d 614 (1983)

(Contributory negligence is victin fault and therefore
a defense in Louisiana strict liability cases, at least
in a non-producte liability or hasardoua activity case)

Lartigue v. R. J. Reynolda Tobacco Co., 317 p. 2d 719, cert.
denied, 375 U.S. 865 (1963)
(Involved Louieiana law of products liability)

Veinert'B Estate v. CosbbIss loner, 294 F.2d 750 (1961)

(Tax eonaequences of carried interest arrangements in
oil and gas operations)

United States v. Stapf, 309 P. 2d 592 (1962), rev'd, 375 U.S.
118 (1963)

(Dissented on question of coonunity property. Suprene
Court agreed with the dissent)


United Serviette Life Ina. Co. v. Delaney, 308 P. 2d 484
(1962); 358 F.2d 714, en banc/ cert. d«nl©d, 385 U.S. 846
(A paeeenger ie not a pilot)

Borel V. Plbroboard Products Corp., 493 P. 2d 1076 (1973),
cert, denied, 439 U.S. 1129

(Plrat cas* to hold manufacturer of insulation material
liable to worker for failing to warn of dangers
asBociat.ed with abeetos)

Great Western United Corp. v, Kidwell, 577 P. 2d 1256 (1976)
(Idaho takeover atatute preempted by Securities
Bxchange Act of 1934 and as unconstitutional burden on
coMoerca )


Mr. Traficant. Mr. Duncan.

Mr. Duncan. I want to thank our colleague for his testimony. Be-
fore coming to Congress, I spent seven and a half years as a Circuit
Court judge or State trial judge in Tennessee. I can tell you that
I don't think there are many judges below the level of the U.S. Su-
preme Court who have achieved quite the fame and the respect
that Judge Wisdom has. He is probably one of the — ^maybe the
best-known judge who has never served on the U.S. Supreme Court
who is alive in this country today.

I recall when our former Governor, Lamar Alexander, was sworn
in as Secretary of Education, he had Judge Wisdom come up from
New Orleans to swear him in. Governor Alexander, who is a close
friend of mine, was at one time a law clerk to Judge Wisdom, and
I have heard him speak several times of his great respect for Judge

A fellow member of this subcommittee, Tom Petri from Wiscon-
sin, also is a personal friend to Judge Wisdom and his family, and
he has submitted a statement that he has requested be included
in the record.

[Mr. Petri's prepared statement follows:]

Statement of Hon. Thomas E. Petri

Mr. Chairman, I am pleased to be a cosponsor of this legislation designating the
U.S. Court of Appeals Courthouse in New Orleans as the "John Minor Wisdom Unit-
ed States Courthouse". I have known Judge Wisdom personally for over 25 years
and can truly say that no judge better deserved his name — "Wisdom."

I recall well first visiting the Judge and his family in New Orleans for Mardi Gras
in 1966 at the height of the civil rights controversies before the Fifth Circuit.

The Judge already had carved out a reputation together with several of his Fifth
Circuit colleagues, as a leading protector of the Constitution and Congressional will
in the implementation of voting rights, school desegregation, and access to public
accommodations throughout the South.

At that time, with less than ten years on the bench, Judge Wisdom already had
begun biiilding an impressive body of judicial work. Barry Sullivan, one of his
former law clerks and a leading authority on the Judge, has said that, his work
"stands as a sturdy testimonial to the continued importance of liberal learning in
adjudication and to the view of adjudication as an exercise in intellectual and moral

As Mr. Sullivan further noted. Judge Wisdom "has written, not only with clarity,
elegance and style, but also with moral courage and intellectual authority, in vir-
tu^y every area of law known to the federal courts."

The naming of the courthouse in honor of Judge Wisdom vnll not just recall the
name of one of the South's most distinguished citizens, it will also serve as a con-
stant reminder for generations to come of that extraordinary body of wisdom— well
over a thousand masterly opinions — produced by one of our country's greatest minds
and moral forces.

I urge the Subcommittee to approve this legislation. Thank you, Mr. Chairman.

Mr. Duncan. I might just say, what a name — Judge Wisdoni. I
think he has lived up to that name. So I support this legislation
and thank you for bringing it to our attention.

Mr. Traficant. The gentlewoman from the District?

Ms. Norton. Thank you, Mr. Chairman. I want to strongly sup-
port the bill that my good friend and good colleague, Mr. Jefferson,
has brought before us this morning.

Congressman Jefferson, "legendary" is the right word for Judge
Wisdom. When there were few others. Judge Wisdom was there,
and I think it is a most appropriate initiative and a most appro-
priate way to remember one of America's great judges. Thank you
very much for coming before us.


Mr. Traficant. I want to associate myself with the remarks of
both the distinguished colleagues here; evidently, he is very deserv-
ing. We appreciate the fine job you're doing in the Congress and
we support your legislative initiative.

Mr. Jefferson. Thank you, Mr. Chairman, members of the com-
mittee. Thank you.

[Whereupon, at 8:45 a.m., the subcommittee proceeded to further


ISBN 0-16-043995-7




Online LibraryUnited States. Congress. House. Committee on PubliH.R. 3356, to designate the United States Courthouse under construction at 611 Broad Street, in Lake Charles, Louisiana, as the Edwin Ford Hunter, Jr. United States Courthouse : H.R. 2868, to designate the federal building located at 600 Camp Street in New Orleans, Louisiana, as the John Minor Wi → online text (page 2 of 2)