Series page, Title page, Frontispiece, Copyright, Dedication

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Contents

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pp. ix-x

List of Illustrations

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pp. xi-xii

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Foreword

Gordon Morris Bakken

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pp. xiii-xvi

Federal District Judge George M. Bourquin of Montana consistently and forcefully defended the individual rights of minorities in the face of governmental and popular pressures. Some of his decisions had important national ramifications. Judge Bourquin understood that...

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Preface

Arnon Gutfeld

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pp. xvii-2

More than forty years ago, when I was gathering materials in preparation for writing my MA thesis at the University of Montana, I fi rst encountered the legal writings of Federal District Judge George M. Bourquin of Montana. After completing the MA...

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Introduction

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pp. 3-12

In late March 1917, just before the United States declared war on Germany, Justice Oliver Wendell Holmes wrote to Felix Frankfurter, then on the faculty of Harvard Law School: “Patriotism is the demand of the territorial club for priority, and as much priority as it needs for vital...

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1. The Person on the Bench

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pp. 13-20

George Bourquin’s life story belongs to an era long gone, to the world that came immediately after the end of America’s far northwestern frontier era. It was a world in which the law and judges such as Bourquin assisted in defining and creating the basis for life in...

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2. The Genesis of the National Sedition Act of 1918

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pp. 21-39

As the guns of August 1914 began to roar and the world war commenced in Europe, President Woodrow Wilson advocated neutrality. The United States was ostensibly heeding George Washington’s admonition to stay clear of foreign entanglements. Acting in this...

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3. Civil Rights Cases in Times of Crisis

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pp. 40-51

Judge George Bourquin continued to preside over the federal district court in the District of Montana during the anxious years following World War I known as the period of the Red Scare. During World War I, real and perceived threats from within the country coupled with fears...

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4. The Impeachment of Judge Crum

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pp. 52-61

On January 26, 1991, the Montana Senate, by a vote of forty-six to zero, passed Resolution No. 2. The resolution exonerated Charles L. Crum, judge of the Fifteenth Judicial District in eastern Montana, from his wrongful impeachment on March 22, 1918.¹ The senate...

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5. George Bourquin on "Public Good" and "Property Rights"

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pp. 62-77

The principle of the “public good” may have been short-lived in American jurisprudence outside the realm of theory, but reference to the public interest appears in many of Bourquin’s important decisions—this despite his firm defense of individual civil liberties in other...

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6. Bourquin on Native American History and Rights

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pp. 78-90

Bourquin’s concern for rights was not limited to those of the white majority. Being a federal district judge in the post-frontier West, he heard several cases that directly involved Native American rights. In his rulings, Bourquin demonstrated an unusual sensitivity to Native...

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7. Bourquin on Ethics

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pp. 91-106

Today, the realm of legal ethics is receiving considerable written attention, hand-wringing, and litigation.¹ The professional responsibility of lawyers is currently a subject of great controversy. At the same time, the method of choosing jurors and their perceived role...

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8. The Judge as Politician: The 1934 Montana Senate Campaign

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pp. 107-122

In 1934, George M. Bourquin, at seventy-one, decided to retire from the bench and to run for the US Senate as a Republican. In a sense, the 1934 Montana election was a referendum on the New Deal. As was the case in the entire nation, Montanans were directly affected by the...

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Appendix 1. United States V. Hall, 248 F. 150

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pp. 123-126

This was Bourquin’s most important judicial decision and is discussed in most histories of civil liberties in the United States. During the days of mass fear and hysteria during World War I, Bourquin defended the rights of free expression. His ruling was an important...

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Appendix 2. Ex Parte Starr, 263 F. 145

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pp. 127-130

During World War I the Montana legislature passed a series of laws designed to crush dissent and criticisms of Wilson administration policies. Under these laws, in 1918, E. V. Starr was convicted and sentenced to ten to twenty years in Montana state prison for stating the...

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Appendix 3. Ex Parte Jackson, 263 F. 110

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pp. 131-136

Bourquin was dedicated to the idea that a true democratic system is judged not only by its protection of the rights of the majority but also by the ways it protects the rights of unpopular minorities and dissenters. He strongly believed that if a dissenter’s right of free speech...

Notes

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pp. 137-154

Bibliography

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pp. 155-174

Index

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pp. 175-188