Difference between revisions of "Arthur Garfield Hays" - New World Encyclopedia

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'''Arthur Garfield Hays''' (1881-1954
 
'''Arthur Garfield Hays''' (1881-1954
was most well known for his work and involvement in the American Civil Liberties Union, as a successful corporate lawyer, he was involved in many of the notable civil liberty cases of his day including the [[Scopes Trial]] (1925) in Tennessee and the [[Sacco and Vanzetti]] Case.  He wrote ''Let Freedom Ring'' (1928, rev. ed. 1937), ''Democracy Works'' (1939), and an autobiography (1942).
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Hays was most well known for his work and involvement in the American Civil Liberties Union, as a successful corporate lawyer, he was involved in many of the notable civil liberty cases of his day including the [[Scopes Trial]] (1925) in Tennessee and the [[Sacco and Vanzetti]] Case.  He wrote ''Let Freedom Ring'' (1928, rev. ed. 1937), ''Democracy Works'' (1939), and an autobiography (1942). He often represented clients without charging them. At the same time, his parallel career as a corporate attorney earned him a fortune. He was not afraid to defend unpopular cases, which took him to [[Germany]] in 1933 as defence counsel for the [[communism|communists]] who had allegedly set fire to the [[Reichstag]].  Earlier, he had acted for Germany in defense of the nation's commercial rights. His life long commitment to civil liberty was informed by a hatred of  all that oppressed people, suppressed ideas and a by his profound belief that freedom is a human right. Between 1921 and 1954 he was counsel for the American Civil Liberties Union.
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==Biography==
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===Background===
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Hays was born in Rochester, NY. Hays attended [[Columbia University]] in [[New York City]] where he obtained the degree of Bachelor of Ars and Master of Arts and Bachelor of Law.  In 1905, he passed the New York bar examination. Towards the begining of [[World War I]] he practiced international law in London.
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===Career===
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Returning to the United States, he earned a fortune in corporate law but also started to defend unpopular cases involving civil liberty and freedom of expression.  Perhaps the most famous of these cases was the 1925 Scopes Monkey trial, where he was a member of the defense team.  Hays is credited with developing the overall strategy for the defense, and was respobsible for "keeping the record in shape for appellate review" <ref>"Arthur Garfield Hays" at University of Missouri-Kansas City School of Law [http://www.law.umkc.edu/faculty/projects/ftrials/scopes/haysarth.htm Arthur Garfield Hayes] Retrieved August 19, 2007</ref>.
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A science teacher in Tennessee was accused of illegally teaching the theory of evolution. The opening statements depicted the trial as one between good and evil:
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[[Image:Nov29Scopes.jpg|thumb|right|Newspaper report on the Scopes Verdict]]
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:or truth and ignorance. Bryan claimed that "if evolution wins, Christianity goes." Darrow argued, "Scopes isn't on trial; civilization is on trial. <ref>Linder, Douglas O "State v. John Scopes ("The Monkey Trial")[http://www.law.umkc.edu/faculty/projects/ftrials/scopes/evolut.htmState v. John Scopes ("The Monkey Trial")] Retrieved August 19, 2007</ref>. The defense team's aim was not so much to gain an acquittal but to have the case heard by a higher court where the issue of the constitutionality of Tennessee law could be addressed.  That year, Tennessee passed a law outlawing the teaching of ""any theory that denies the story of divine creation of man as taught in the Bible." <ref>Chebium, Raju "75 years after the Scopes trial pitted science against religion, the debate goes on", CNN July 13, 2000 [http://archives.cnn.com/2000/LAW/07/13/scopes.monkey.trial/ 75 years after the Scopes trial pitted science against religion, the debate goes on] Retrieved August 19, 2007/<ref>. Much later, "The U.S. Supreme Court ruled decades ... that creationism should not be taught because it is a religious belief" <ref>ibid</ref>. Scopes was found guilty and fined $100 but on appeal to the State Suprme Court, his fine was quashed on the grounds that it was excessibe. This was hailed as a victory for those who supported freedom of expression. The trial pitted [[science]] against [[religion]].
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In addition to acting on several occassions for the German government, other famous cases in which Hays was involved were the Sacco–Vanzetti case (1921-1927) and the the American Mercury''Italic text'' censorship case, Boston (1926). The former case involved two Italian migrants found guilty of murder during an alleged  robbery.  Hay's case rested on the fact that the two men had earlier sympathised with the Italian communist party, and were now victim of the judge's "political views" <ref>"Sacco–Vanzetti case" The History Channel [http://www.thehistorychannel.co.uk/site/encyclopedia/article_show/SaccoVanzetti/m0016895.html  Sacco–Vanzetti case].  Retrieved August 19, 2007</ref>.  In the case of the ''American Mercury'' defense, the monthly magazine had been censured by the Post Office for allegedly offensive content.  The Magazine had published several articles critical of the politcal influence of the Methodist Church especially in its support of [[Prohibition]] as well as articles suggesting that people no longer subsribed to traditional views about human sexuality.  The case became associated with the issue of free speech, although the final decision in favor of the Magazine was that the articles to which the Post Office had objected did not meet the criteria for profanity.
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Hays took on numerous other, less well publicized cases concerning civil liberty. In 1937, as counsel for the American Civil Liberties Union, he was despatched to Puerto Rico to investigate alleged violations of civil liberties there involving deaths in police custody <ref>"1938: Puerto Rico - political disturbances" [http://encarta.msn.com/sidebar_461500713/1938_Puerto_Rico.html 1938: Puerto Rico - political disturbences] Retrieved August 19, 2007</ref>.
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==Legacy==
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In 1958, the Arthur Garfield Hays Civil Liberties Program was established at New York University School of Law.  This program trains lawyers for professional service on behalf of public interest. Hays Fellows have researched civil liberties issues, participated in litigation in cooperation with the American Civil Liberties Union and have undertaken legislative work on topical constitutional issues. <ref>"The Arthur Hays Civil Liberties Program", New York University of Law [http://www.law.nyu.edu/depts/publicinterest/scholarships/hays.html The Arthur Hays Civil Liberties Program] Retrieved August 19, 2007</ref>
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==References==
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* Hays, Arthur Garfield. ''Let Freedom Ring''. New York: Boni and Liveright, 1928.
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* Hays, Arthur Garfield. ''Trial by Prejudice''. New York: Covici, Friede, 1933.
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* Hays, Arthur Garfield, and Carl Howard Pforzheimer. ''Democracy Works''. New York: Random House, 1939.
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* 1999. Hays, Arthur Garfield. ''American National Biography''. 10: 421-422.
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* Hays, Arthur Garfield. ''City Lawyers; The Autobiography of a Law Practice''. New York: Simon and Schuster, 1942.
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* Baldwin, Roger Nash. ''Arthur Garfield Hays, 1881-1954''. New York: American Civil Liberties Union, 1954.
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Revision as of 23:23, 19 August 2007

Arthur Garfield Hays (1881-1954 Hays was most well known for his work and involvement in the American Civil Liberties Union, as a successful corporate lawyer, he was involved in many of the notable civil liberty cases of his day including the Scopes Trial (1925) in Tennessee and the Sacco and Vanzetti Case. He wrote Let Freedom Ring (1928, rev. ed. 1937), Democracy Works (1939), and an autobiography (1942). He often represented clients without charging them. At the same time, his parallel career as a corporate attorney earned him a fortune. He was not afraid to defend unpopular cases, which took him to Germany in 1933 as defence counsel for the communists who had allegedly set fire to the Reichstag. Earlier, he had acted for Germany in defense of the nation's commercial rights. His life long commitment to civil liberty was informed by a hatred of all that oppressed people, suppressed ideas and a by his profound belief that freedom is a human right. Between 1921 and 1954 he was counsel for the American Civil Liberties Union.


Biography

Background

Hays was born in Rochester, NY. Hays attended Columbia University in New York City where he obtained the degree of Bachelor of Ars and Master of Arts and Bachelor of Law. In 1905, he passed the New York bar examination. Towards the begining of World War I he practiced international law in London.

Career

Returning to the United States, he earned a fortune in corporate law but also started to defend unpopular cases involving civil liberty and freedom of expression. Perhaps the most famous of these cases was the 1925 Scopes Monkey trial, where he was a member of the defense team. Hays is credited with developing the overall strategy for the defense, and was respobsible for "keeping the record in shape for appellate review" [1].

A science teacher in Tennessee was accused of illegally teaching the theory of evolution. The opening statements depicted the trial as one between good and evil:

File:Nov29Scopes.jpg
Newspaper report on the Scopes Verdict
or truth and ignorance. Bryan claimed that "if evolution wins, Christianity goes." Darrow argued, "Scopes isn't on trial; civilization is on trial. [2]. The defense team's aim was not so much to gain an acquittal but to have the case heard by a higher court where the issue of the constitutionality of Tennessee law could be addressed. That year, Tennessee passed a law outlawing the teaching of ""any theory that denies the story of divine creation of man as taught in the Bible." Cite error: Closing </ref> missing for <ref> tag. Scopes was found guilty and fined $100 but on appeal to the State Suprme Court, his fine was quashed on the grounds that it was excessibe. This was hailed as a victory for those who supported freedom of expression. The trial pitted science against religion.


In addition to acting on several occassions for the German government, other famous cases in which Hays was involved were the Sacco–Vanzetti case (1921-1927) and the the American MercuryItalic text censorship case, Boston (1926). The former case involved two Italian migrants found guilty of murder during an alleged robbery. Hay's case rested on the fact that the two men had earlier sympathised with the Italian communist party, and were now victim of the judge's "political views" [3]. In the case of the American Mercury defense, the monthly magazine had been censured by the Post Office for allegedly offensive content. The Magazine had published several articles critical of the politcal influence of the Methodist Church especially in its support of Prohibition as well as articles suggesting that people no longer subsribed to traditional views about human sexuality. The case became associated with the issue of free speech, although the final decision in favor of the Magazine was that the articles to which the Post Office had objected did not meet the criteria for profanity.


Hays took on numerous other, less well publicized cases concerning civil liberty. In 1937, as counsel for the American Civil Liberties Union, he was despatched to Puerto Rico to investigate alleged violations of civil liberties there involving deaths in police custody [4].

Legacy

In 1958, the Arthur Garfield Hays Civil Liberties Program was established at New York University School of Law. This program trains lawyers for professional service on behalf of public interest. Hays Fellows have researched civil liberties issues, participated in litigation in cooperation with the American Civil Liberties Union and have undertaken legislative work on topical constitutional issues. [5]

References
ISBN links support NWE through referral fees

  • Hays, Arthur Garfield. Let Freedom Ring. New York: Boni and Liveright, 1928.
  • Hays, Arthur Garfield. Trial by Prejudice. New York: Covici, Friede, 1933.
  • Hays, Arthur Garfield, and Carl Howard Pforzheimer. Democracy Works. New York: Random House, 1939.
  • 1999. Hays, Arthur Garfield. American National Biography. 10: 421-422.
  • Hays, Arthur Garfield. City Lawyers; The Autobiography of a Law Practice. New York: Simon and Schuster, 1942.
  • Baldwin, Roger Nash. Arthur Garfield Hays, 1881-1954. New York: American Civil Liberties Union, 1954.


Template:US-bio-stub

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  1. "Arthur Garfield Hays" at University of Missouri-Kansas City School of Law Arthur Garfield Hayes Retrieved August 19, 2007
  2. Linder, Douglas O "State v. John Scopes ("The Monkey Trial")v. John Scopes ("The Monkey Trial") Retrieved August 19, 2007
  3. "Sacco–Vanzetti case" The History Channel Sacco–Vanzetti case. Retrieved August 19, 2007
  4. "1938: Puerto Rico - political disturbances" 1938: Puerto Rico - political disturbences Retrieved August 19, 2007
  5. "The Arthur Hays Civil Liberties Program", New York University of Law The Arthur Hays Civil Liberties Program Retrieved August 19, 2007