Looking Back - Shelley v. Kraemer

Law Day artwork courtesy of the American Bar Association

On this date in 1948, in its landmark decision in Shelley v. Kraemer, 334 U.S. 1 (1948), the highest court in the nation struck down racially restricted covenants placed on real property on the ground that such agreements denied the prospective property owners equal protection of the laws. The agreements in question, executed by a majority of property owners restricted the occupation of said properties on the basis of race. In 1945, petitioners Shelley, unaware of these restrictive covenants, received a warranty deed to a house on Labadie Avenue in St. Louis, Missouri. Respondents, owners whose properties were also subject to the agreement, filed an action in the state court in Missouri asking the court to restrain the Shelleys from taking possession of the property and to divest them of title to the property. The trial court refused to enforce the agreement, finding that the agreement was never finalized because the parties intended it to be effective once all property owners signed it. On appeal, the Supreme Court of Missouri reversed the trial court’s judgment, directing the lower court to grant the relief requested by respondent property owners.

Image of the Shelley House - courtesy of the National Park Service, United States Department of the Interior. Photo by Gerald L. Gilleard.

The Shelleys appealed to the United States Supreme Court, asserting that they were denied equal protection of the laws, deprived of property without due process, and denied the privileges and immunities due the citizens of the United States. The court noted that, in and of themselves, the restrictions could not be considered to be in violation of any of those rights guaranteed by the Fourteenth Amendment because there was no action on the part of the state. However, the enforcement of the restrictive covenants by the state courts created the state action necessary to bring this issue squarely under the purview of the Fourteenth Amendment. Thus, because the state court judicially enforced the agreements, the states had effectively denied the Shelleys equal protection of the laws. The Court found it unnecessary to address the other Fourteenth Amendment issues.

The home at the center of the controversy, the Shelley House, was designated as a National Historic Landmark on December 14, 1990 because of its historic and social significance in the civil rights movement. It remains as a symbol of the fight to achieve equality and stands as a reminder that all persons, without restriction by the states or the federal government, have the right to own property. Although the house at 4600 Labadie Avenue in St. Louis is a National Historic Landmark, it is currently privately owned and not open to the public.

Happy San Jacinto Day, Texas!

Happy San Jacinto Day, Texas! Today marks the 181st anniversary of the final battle for Texas independence that took place in modern day Harris County between the forces of General Sam Houston and General Antonio Lopez de Santa Ana. The victory left a lasting impression locally and even inspires the centerpiece of the seal of the Harris County Attorney's Office. For more on the battle and how it influenced the design of the Law Library's parent organization's seal, see our Ex Libris Juris post commemorating the 180th San Jacinto Day.

Looking Back - Judge Roy Bean

Throughout its history, Texas has had its share of larger-than-life figures from outlaws Bonnie & Clyde to war hero Audie Murphy to R & B superstar Beyoncé. Perhaps, one of the more colorful characters to arrive and take up residence in the Lone Star State was Judge Roy Bean, who died on this day in 1903. As we celebrate Texas History Month, let’s take a look back at the life of one of the more interesting and picturesque figures in American jurisprudence.

Born in Kentucky, Judge Roy Bean found himself in Texas after encountering some trouble (of his own making) in both Mexico and California. He opened a saloon, The Jersey Lilly, as an homage to the beautiful actress Lillie Langtry with whom he was quite smitten, and founded the village of Langtry, described as “a one-street frontier town nestl[ed] in a deep canyon of the Rio Grande where the railroad crosses the big river.” (See Orange Daily Tribune 5/29/1903). It was in this saloon, that Judge Bean, the self-proclaimed “law West of the Pecos,” meted out his own version of justice in the Old West based upon his notions of fairness and the law. No one is quite certain as to how he became vested with the authority of a justice of the peace, but nevertheless, he held court while seated “on the billiard table with a copy of the statutes of 1879 (the only one in his possession).” (See The Southern Mercury 6/30/1904). (To see a copy of the Laws of Texas, visit the Law Library). Of course, it's not surprising that his decisions were always final with no room for an appeal.

Judge Roy Bean Saloon & Justice Court, Langtry, Val Verde County, TX

Photo from the Library of Congress Photo, Print, & Drawing Collection

Judge Roy Bean is best remembered for his peculiar rulings that really did seem, in retrospect, to smack of common sense.  In one case, two men came to the court with their wives and expressed a desire to be divorced, adding that they wished to marry the other man’s wife. The judge granted the requested divorces and then proceeded to marry each man to the other’s wife. (See The Sunday Gazetteer 9/14/1902). In one of his most noted cases, Judge Bean held an inquest over the remains of a man found under the bridge that crossed the Pecos River. In the man’s pockets, the judge found a revolver and $50. The judge then fined the corpse $50 for carrying a concealed weapon. This ruling may still be the only one on record where a dead man was fined for carrying a concealed weapon. (See The Southern Mercury 6/30/1904). The judge was also known for handing out punishments whereby the offender was required to pay his fine by purchasing beer, typically two dozen bottles, at The Jersey Lilly and treating the crowd. (See Orange Daily Tribune 5/29/1903). Perhaps, not the most ethical of punishments, but it is certainly one of the most memorable and popular with the townsfolk.

The exploits and rulings of Judge Roy Bean have been documented in newspapers throughout the State of Texas. If you are interested in learning more about the judge and reading some articles about him, visit The Portal to Texas History, a wonderful website maintained by the University of North Texas Libraries that features some rare and historical primary source materials. Also visit the site of the Texas State Historical Association and The Handbook of Texas, a digital gateway to all things Texas.

If pop culture is more to your liking, sit down and watch The Life and Times of Judge Roy Bean, a 1972 film starring Paul Newman as the judge and Ava Gardner as Lilly Langtry, the object of his affection. There was also a short-lived television series, Judge Roy Bean, that ran for one season from 1956-57, and a French film, entitled Le Juge, which was released in 1971.

For good or for bad, Judge Roy Bean has certainly carved himself a place in Texas history. As for the question of whether he is a leading figure in American jurisprudence, you be the judge.

Looking Back – Edgar Allan Poe

Photo from the Library of Congress' Photos, Prints, Drawings Collection

Today we celebrate the 208th anniversary of the birth of the “Master of Macabre,” Edgar Allan Poe. Born on January 19, 1809 in Boston, Massachusetts, and orphaned at the age of three, Poe led a life of relative poverty, unhappiness, and solitude. Yet, he managed to eke out a living as a writer, publishing short stories and becoming a relentless critic of some of the most celebrated writers of his time, including one Rufus Griswold. Although he realized some literary renown with his short stories and book reviews, Poe achieved perhaps his greatest success with his poem The Raven, first published in 1845.

If imitation is the sincerest form of flattery, then Poe should indeed be pleased that his most celebrated of works has had such a profound effect on not only those in the literary world, but also those in the realm of jurisprudence. Judge A. Jay Cristol from the United States Bankruptcy Court for the Southern District of Florida was inspired to draft his own poetic version of The Raven as his opinion in the case of In re Love, 61 B.R. 558 (1986). (This case was also highlighted in one of a series of Ex Libris Juris blog posts dedicated to the Poetry of the Bench & Bar during National Poetry Month in April 2016).

Sadly, four years after The Raven was published, Poe died on October 7, 1849, in Baltimore. Interestingly, his relationship with the law did not end with his death. After his passing, Poe became the victim of a libelous obituary written by none other than Rufus Griswold, one of the writers most severely critiqued by Poe. However, Poe had the last laugh. Despite all of the defamatory statements contained in the obituary and a subsequent memoir, Poe’s legend and popularity only flourished.

For more information about Edgar Allan Poe, visit the website of the Poe Museum in Richmond, Virginia.