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COLLECTION Identifier: HOLLIS 601657

William Hastie papers

The papers of William Henry Hastie relate to his professional career, mainly starting with 1937, until his death in 1976; to his interest in and championship of civic causes; and to his efforts in behalf of anti-discrimination. There are small groups of drafts of speeches and of biographical material, the latter relating to his various appointments, and to academic and civic honors.

Dates

  • 1916-1976

Conditions Governing Access

Access to these papers is governed by the rules and regulations of the Harvard Law School Library. This collection is open to the public, but is housed off-site at Harvard Depository and requires 2 business-day advance notice for retrieval. Consult the Special Collections staff for further information.

Conditions Governing Use

The Harvard Law School Library holds copyright on some, but not all, of the material in our collections. Requests for permission to publish material from this collection should be directed to the Special Collections staff. Researchers who obtain permission to publish from the Harvard Law School Library are also responsible for identifying and contacting the persons or organizations who hold copyright.

Extent

137 boxes

The papers of William Henry Hastie span the years 1916 to 1976, with the bulk of the papers falling into the period from his nomination to the bench of the U.S. Court of Appeals for the Third Circuit by President Harry S. Truman, October 15, 1949, to the time of his death on April 14, 1976.

The collection includes correspondence (both letters received and carbons of letters sent); handwritten, typed, and printed drafts; slip sheets of legal opinion; lists and tabulations; memoranda; reports; dockets; agenda of meetings; research materials and notes; clippings; legal and legislative documents; other printed items; manuscripts of published and unpublished writings; and a small amount of memorabilia such as honorary degree certificates. Photographic items have been transferred to the Law Library's Art Collection.

In sheer physical volume, three-fourths of Judge Hastie's papers are Court-related (67 of the 110 manuscript boxes plus 22 cartons of briefs holding one cubic foot each). Together they constitute a fine documentation of the workings of a U.S. Appeals Court and of the day-by-day judicial and administrative activities of one of its judges.

The files of Judge Hastie's own opinions are contained in 28 manuscript boxes and cover the October terms 1949 to his death in April 1976. These files are arranged in two alphabets: (1)-Opinions by Hastie while sitting on his own Court, and (2) Opinions while sitting on other Federal Courts. The listing of all of the cases includes the citations from the Federal Reporter, type of opinion (opinion, dissent, etc.), and in the case of sittings on other Courts, the name of the Court. There is also an incomplete set of slip sheets, contained in 11 additional manuscript boxes.

Judge Hastie's opinion files include his opinions (for the majority), concurring opinions, dissents, concurring dissents, orders, and a considerable number of per curiams. Unlike Justices Louis Dembitz Brandeis and Felix Frankfurther of the Supreme Court of the United States, who kept the first drafts of all of their opinions, Hastie kept drafts only occasionally, chiefly for opinions which he wrote while sitting in Federal Courts other than his own. Unlike Judge Learned Hand, U.S. Court of Appeals Judge for the Second Circuit for thirty-six years, who retained a complete set of his Court memoranda, Judge Hastie did not keep his memoranda of the judicial conferences. Essentially, Judge Hastie retained carbon copies of the final typed draft of his opinions together with other items relevant to a particular case such as research notes of his law clerks and any correspondence he had with his fellow judges. Such correspondence might relate to questions about a particular point in Hastie's draft; to phrasing of a particular passage; to matters of rehearing, filing, and reporting of a given case; or the question of a hearing en banc. Included may also be expressions of admiration from his Brethren for an especially fine or incisive opinion in a difficult case; printed background material; Hastie's own notes to his clerks; copies of dissents of fellow judges, or, in case of a dissent by Hastie, copies of the opinion of the majority; correspondence with officers of the Court; copies of affidavits and lower Court opinions; occasional typed briefs; and clippings.

Opinions that Hastie wrote for which he retained more than the usual amount of material are:
  1. Braunfeld v. Gibbons;
  2. Bruszewski v. United States;
  3. Eastern Freight-Ways v. United States;
  4. Eisenberg v. Hartz Mountain Corporation;
  5. Foster v. Dravo Corp.;
  6. Green v. United States;
  7. Karp v. Collins;
  8. Lemon v. Kurtzman;
  9. Lemonv. Sloan;
  10. North Carolina Utilities Commission v. FCC;
  11. In re Penn Central Transportation Co.;
  12. Pennsylvania Association of Township Commissioners v. Labrum;
  13. Pickus v. Board of Parole;
  14. Sinatra v. New Jersey Commission of Investigation;
  15. United States v. United Steelworkers of America;
  16. United States ex rel. Phelan v. Brierly.
Of special interest are Judge Hastie's opinions written for the Temporary Emergency Court of Appeals. This Court was created by Congress under the Economic Stabilization Act Amendments of 1971, and it has exclusive jurisdiction of all appeals from the District Courts of the United States in cases and controversies arising under the economic stabilization laws; it consists of eight district and circuit judges designated by the Chief Justice. Hastie was appointed to this Court by Chief Justice Warren Burger in 1972, and he sat on it until his death in 1976. Some of the TECA cases for which he retained more than the usual amount of material are:
  1. Baldwin County Electric Membership Corp. v. Price Commission (dissent);
  2. Consumers Union of the United States, Inc. v. Sawhill (dissent);
  3. Exxon Corp. v. FEA (dissent);
  4. Mass Retailing Institute, Inc. v. Cost of Living Council (per curiam);
  5. Sylvan Seal Milk, Inc. v. Milk Control Commission (concurring opinion);
  6. United States v. Colwell (opinion).
In addition to his own opinions, Hastie retained copies of draft opinions written and sent to him for comment by fellow judges, essentially by his Brethren on the Third Circuit. Many of these cases are appeals on which Hastie sat but on which one or the other judge of the customary three-judge bench wrote the opinion. Included in this Series is correspondence relating to these cases, and motions to dismiss and petitions for rehearing, including Hastie's decisions on these motions and petitions.

Hastie's opinion files are complemented by administrative files relating to matters concerning the Court of Appeals judges of the Third Circuit and their staffs, the U.S. District Courts within the Third Circuit and their respective judges and officers, and the relations between the Third Circuit and the Administrative Offices for the Circuits in Washington. Some of the categories included in the Series are: memoranda of Hastie as Chief Judge; reports of committees and subcommittees; assignments of cases and Hastie's own assignments to sit on other Courts; designations; dockets; programs of and correspondence about the annual Judicial Conference of the Third Circuit and of the United States; analyses of new bills affecting the Court such as the Criminal Justice Act of 1964 and the Omnibus Judgeship Bill of 1969, including the text of Hastie's statement of May 6, 1969 on the latter bill before the U.S. Senate Judiciary Subcommittee on Improvements in Judicial Machinery; subject files on bail reform, bankruptcy, judicial conduct standards, and judicial salaries; and memorials written by Hastie upon the death of colleagues.

Three groups loom largest among the administrative Court files: correspondence on hiring of law clerks (39 folders), the Judicial Council files (18 folders), and the Temporary Emergency Court of Appeals files (16 folders). Extraneous matters which Hastie had to deal with were plans for the new Federal Courthouse in Philadelphia, hiring of non-judicial personnel, and furnishings for offices.

The Hastie Court files are a rich source for students of the workings of a lower Federal Court and the personalities that give flavor to such a Court. Judge Hastie emerges as a dignified, conscientious judge who researched his cases thoroughly, who was a perfectionist in the art and craft of opinion writing, and a compassionate colleague. In addition they attest to the respect in which he was held by fellow Court members and by the legal community outside the courtroom.

Hastie's papers relating to Non-judicial, Non-segregation Activities/Subjects cover a wide spectrum of interests and involvements. They include correspondence, agenda, minutes of meetings, reports, memoranda, notes, and newspaper clippings; and they range from his role as delegate to the 1961 African Conference on the Rule of Law in Lagos, Nigeria, to his membership on boards of trustees, directors, commissions or committees of institutions such as Amherst College, The American Law Institute, the Caribbean Commission , the Council on Legal Education for Professional Responsibility, Inc., the Harry S. Truman Library Institute, the Harvard Law School Visiting Committee, Howard University, National Lawyers Guild, Practicing Lawyers Institute, and the Virgin Island Company. Other files document his deep concern, as a resident of Philadelphia, with community issues and institutions such as the Albert Einstein Medical Center, Defender Association of Philadelphia, Fellowship House,Inc., Free Library of Philadelphia, Youth Conservation Commission of the Department of Welfare, Otto Haas Charitable Trust, Philadelphia Council for Community Advancement, Temple University, and University of Pennsylvania. Of special interest are materials relating to his Governorship of the Virgin Islands which include the reprint of the Senate Hearings on his appointment; five folders relating to a trip he took to India and Malaya, in 1965, under the auspices of the United States Information Service; and three folders relating to the Commission on White House Fellows to which he was appointed by President Lyndon B. Johnson and on which he served from 1965 to 1969.

Writing, lecturing, and delivering occasional talks was another important activity of Hastie's. His Writings, Lectures, Speeches Series includes manuscripts in holograph, typed, and printed form; correspondence relating to arrangement for delivery and for publication of special lectures; notes; and invitations to speak. The Series is of specific significance as it contains a very large number of occasional talks which were not published. Hastie's drafts of his manuscripts, with their many corrections and additions, reflect Hastie's striving for the perfect word or the perfect sentence. Major lecture series which he delivered were the Oliver Wendell Holmes, Jr., Devise Lectures at the Washington University School of Law (1964); the Owen J. Roberts Memorial Lecture at the University of Pennsylvania Law School (1973); the Francis Biddle Memorial Lecture at the Harvard Law school (1974); and the David C. Baum Memorial Lecture on Civil Rights and Civil Liberties at the University of Illinois College of Law (1975). In addition, Hastie read a paper at the Harvard Law School's John Marshall Bicentennial Conference (1955). Included in the miscellaneous writings are manuscripts of book reviews. Some of Hastie's occasional talks are dated and/or carry titles, some are unidentified, and some are only fragments. There are fairly extensive notes on the lectures that he delivered at the Salzburg (Austria) Seminar in American Studies where he was a faculty member of the legal session in the Summer of 1957. The profusion of occasional talks and their predominantly civil-rights oriented topics demonstrate Hastie's willingness and courage to speak out publicly on controversial issues of his time.

Hastie's Activities/Subject Series, which includes the correspondence pertaining to specific activities and subjects, is complemented by his Miscellaneous Correspondence Series. This particular group was kept by Hastie as a strictly chronological file, and this arrangement has been preserved. Some of this correspondence also covers and frequently overlaps concerns represented in more detail in the last four Series which deal with segregation/discrimination and personal/biographical matters. Both incoming and copies of outgoing letters are included, with Hastie's reply generally attached to the front of the incoming item.

The one hundred and eighty-two folders in the Miscellaneous Correspondence Series cover the period December 1949 to Hastie's death in April 1976; one folder contains earlier letters, one folder posthumous correspondence. This Series represents day-by-day mail routinely received from friends, casual acquaintances, and strangers. It pertains to such matters as social, professional, and media engagements, and a variety of civil rights concerns. It includes requests for recommendations, for contribution of articles and for photographs of himself; appeals for money; invitations to join various professional or civic organizations; and a sizeable amount of congratulatory letters relating to some of his lectures, honorary degrees, and special awards such as the Biddle Lecture (1974), the Philadelphia Award (1975), and the honorary degree from Harvard (1975).

Prominent figures represented in Miscellaneous Correspondence are civil rights leaders Ralph Bunche, Pauli Murray, and Walter White; U.S. Supreme Court members Felix Frankfurter, Arthur J. Goldberg, and Warren E. Burger; law professors Derrick A. Bell, Derek C. Bok, Paul A. Freund, Erwin N. Griswold, Fowler V. Harper, and Albert N. Sacks; writers, academics, political figures, and diplomats like Chester Bowles, Henry Steele Commager, Sam Ervin, Averill Harriman, Hubert H. Humphrey, Nelson Rockefeller, Eleanor Roosevelt, and Robert Penn Warren. Of special interest is a telegram from Dr. Martin Luther King, ca. January 15, 1957, seeking Hastie's "expression of support and advice" for a conference of black civil rights leaders of about a dozen southern states who were planning to meet in Atlanta to discuss the flagrant and defiant disregard in the South of Supreme Court decisions on transportation. Hastie's reply was a night letter addressed to the "Leadership Conference, Attn: Rev. M.L. King," which read: "Like founders of our country and signers of Declaration of Independence you are risking your lives and substance that Americans may live as free men under law in democratic society. All who believe our country and its institutions are worth preserving should respect, admire and support you. William H. Hastie." Hastie retained his holograph draft of this night letter also, which shows a number of changes he made before he was satisfied.

Hastie's segregation/discrimination files fall into three groups: NAACP (National Association for the Advancement of Colored People) files, segregation/discrimination in the Armed Services, and other miscellaneous subject files. Hastie was a member of the NAACP from the early 1930's until his death in 1976 and served on its board of directors, from 1941 to 1968, of the NAACP Legal Defense and Educational Fund, Inc. His files show his close ties with the NAACP and his deep involvement in its struggles. Materials included in the NAACP Series are Hastie's correspondence and memoranda exchanged with members of the two boards such as Allan Knight Chalmers, William T. Coleman, John W. Davis, Jack Greenberg, Thurgood Marshall, Henry Lee Moon, Arthur B. Spingarn, Earl Weaver, Walter White, and Roy Wilkins. Correspondence relates to such matters as meetings; officers and staff; local branches; projects to be supported; application for grants; unfavorable news media coverage; harmonious cooperation between the Association and the "Inc. Fund" (as the Legal Defense and Educational Fund was known among board members); and problems of division of spheres of activity, e.g. Fund was to handle all segregation cases. Two folders contain correspondence and memoranda re Brown v. Board of Education and show clearly the part Hastie played, namely in reviewing the briefs prepared by Thurgood Marshall and others and in fundraising efforts. A large segment of papers consists of mimeographed material, e.g., reports, agenda and minutes of board meetings, income statements, committee membership lists, and petitions. Additional folders contain clippings; typescripts of pieces and statements of Hastie in support of Federal anti-lynching legislation, 1940; papers relating to Hastie's involvement in the North Carolina teachers' salary fight, 1933; and Hastie's service as a member of the Spingarn Medal Award Committee, 1969-1975.

In December 1940 President Franklin Delano Roosevelt appointed Howard Law School Dean William Henry Hastie Civilian Aide to the Secretary of War to detect and investigate discriminatory practices regarding blacks in the military, to make recommendations to integrate the Armed Services, and to monitor this process of integration. Two years later, January 5, 1943, Hastie handed his resignation to Secretary of war Henry L. Stimson. In five successive releases to the press Hastie stated that he had been largely ignored and that the Armed Forces had consistently refused to clear with him policies affecting the training, housing, and utilization of black officers and enlisted men, in particular those in the Army Air Force. Hastie felt that by taking this public stand and by calling the attention of the whole nation to this untenable situation he could be more effective than by remaining in a post where he had no influence or power to affect any changes.

In June of that same year, 1943, the NAACP held a three-day emergency meeting in Detroit on the "Status of the Negro in the War for Freedom"; this meeting replaced the annual July conference of the NAACP. The climax of the meeting was the presentation of the Arthur B. Spingarn medal in Briggs Stadium [home of the Detroit Tigers] before an assembly of 50,000 people. The Spingarn award was instituted in 1914 by Joel E. Spingarn, then Chairman of the NAACP; it is a gold medal awarded annually by the NAACP Board of Directors "to an American Negro who has made the highest and noblest achievement during the preceding year or years." Announcing this presentation, the Award Committee said: "William Henry Hastie is selected as Twenty-eighth Spingarn Medalist for his distinguished career as jurist and as uncompromising champion of equal justice...His every act, and particularly his protest against racial bigotry in an army fighting for the preservation of the democratic processes, has established a standard of character and conduct which the Spingarn Medal Award Committee is honored to recognize by the selection of Judge Hastie..."

Hastie's files documenting his two years in the highest Cabinet post any black had held in this country up to that time are perhaps the most fascinating of all his papers. They include historical materials he gathered and took notes on and files he assembled on a multitude of facets of discrimination. One such file is alphabetically subdivided by categories, e.g., blood plasma; medical officers and nurses; military police; officers candidate program; special services and recreation; transportation discrimination; and troop unit bases. Additional folders contain testimonies by black soldiers regarding specific instances of discrimination and violence perpetrated against them and a letter dated November 26, 1943 of author Alexander Haley who was serving in the U.S. Coast Guard, addressed to Hastie, describing the situation of the Black in the Service. Hastie's memoranda to various commanders show his compassion for the plight of the black servicemen, his concern with the urgency of changing the status quo, and his frustration over being brushed aside or ignored altogether. His "Personal File III" contains items relating to his resignation, e.g., correspondence, copies of his letter of resignation, memoranda, statements, clippings, copies of the full text of his five press releases, and letters he received expressing regret over his decision and commendation for his courage, together with carbons of Hastie's replies; this file also includes some material of his own follow-up on the interrogation process in the military during the remainder of World War II.

The last group, Segregation/Discrimination: Miscellany, relates to specific civil rights areas which were of concern to Hastie, e.g., housing; segregation in recreation in the District of Columbia; the absence of Crisis, the national organ of the NAACP, from public school libraries; and enforcement of the Brown v. Board of Education decision. Four folders contain materials on legal cases of the 1930's and 1940's in which Hastie represented the appellants, e.g., Street v. Tucker; Hocutt v. Wilson, a 1933 discrimination case against the University of North Carolina; and Mitchell v. Wright. Hastie retained ten folders of correspondence, memoranda, transcripts of papers, bibliographies, and reports of the so-called Haverford Group of MARC (Metropolitan Applied Research Center, Inc.), a discussion group of which Hastie was a member beginning with 1969. One folder documents Hastie's Chairmanship of the 1965 White House Conference " To Fulfill These Rights, " an administration-of-justice panel which addressed itself to the problems of crime and police-community relations; included in the folder are two letters from Vice President Hubert H. Humphrey thanking Hastie for his participation. There is also one folder containing exchanges between Hastie and former President Truman on 1960 civil rights issues.

The last group of papers, Personal-Biographical, rounds out the picture of Hastie as he emerges in the preceding Series. There is a scattering of school items; folders relating to his public and judicial appointments including congratulatory letters; folders relating to testimonial dinners in his honor and to honorary degree ceremonies; biographical sketches; a scrapbook covering his years as U.S. District Judge in the Virgin Islands; documentation of his participation, on behalf of Harry S. Truman, in the 1948 presidential campaign including personal expressions of gratitude by Truman; a copy of Hastie's acceptance remarks at the ceremony at which he received the prestigious Philadelphia Award, in April 1975, one year before his death. Printed items include transcripts of hearings held on some of his appointments, citations and certificates of membership, copies of tributes to Hastie spoken at memorial services held in his honor, and miscellaneous clippings.

The November 1976 issue of the University of Pennsylvania Law Review (Vol. 125, No. 1) is dedicated to the memory of Judge Hastie and carries tributes by Dean Louis H. Pollak, Judges Collins J. Seitz and Spottswood W. Robinson III, and Roy Wilkins. In his own tribute Dean Pollak says of the essays of the other three men that they "illustrate especially Hastie's dominant attributes: his intellectual power, his unflagging energy, and his unremitting commitment to principle." The papers of Judge Hastie here at the Harvard Law School Library also superbly document these attributes, and they constitute a rich source for the study of this man of personal humility and of towering moral and intellectual stature.

Historical/Biographical Information

  • 1904, Nov. 17 Born, Knoxville, Tennessee. Son of William Henry and Roberta (Child) Hastie
  • 1921 Graduated from Dunbar High School, Washington, D.C.
  • 1925 A.B., Amherst College, magna cum laude; member Omega Psi Phi fraternity, Phi Beta Kappa
  • 1925-1927 Taught mathematics and scientific subjects at Manual Training School, Bordentown, NJ
  • 1930 LL.B., Harvard Law School; S.J.D., 1933
  • 1930-1937 Member of faculty, Howard University School of Law
  • 1931 Admitted to the Bar of the District of Columbia; joined law firm of Houston & Houston
  • 1933-1937 Assistant Solicitor, U.S. Department of the Interior
  • 1937-1939 U.S. District Judge (Virgin Islands)
  • 1939-1946 Dean, Howard University School of Law
  • 1940-1943 Civilian Aide to the Secretary of War
  • 1943 Awarded NAACP's Spingarn medal
  • 1943, Dec. 25 Married Beryl Lockhart; children: Karen Roberta (Mrs. Wesley Samuel Williams, Jr.), William Henry, Jr.
  • 1946-1949 Governor of Virgin Islands
  • 1949-1968 Judge, U.S. Court of Appeals (3d Circuit)
  • 1968-1971 Chief Judge, U.S. Court of Appeals (3d Circuit)
  • 1971-1976 Senior Judge, U.S. Court of Appeals (3d Circuit)
  • 1952 Elected Fellow of the American Academy of Arts and Sciences
  • 1964-1969 Member, and later Chairman, of President's Commission on White House Fellows
  • 1975 Received Philadelphia Award
  • 1976, Apr. 14 Died, Philadelphia, Pennsylvania
Honorary degrees:
1904, Nov. 17
Born, Knoxville, Tennessee. Son of William Henry and Roberta (Child) Hastie
1921
Graduated from Dunbar High School, Washington, D.C.
1925
A.B., Amherst College, magna cum laude; member Omega Psi Phi fraternity, Phi Beta Kappa
1925-1927
Taught mathematics and scientific subjects at Manual Training School, Bordentown, NJ
1930
LL.B., Harvard Law School; S.J.D., 1933
1930-1937
Member of faculty, Howard University School of Law
1931
Admitted to the Bar of the District of Columbia; joined law firm of Houston & Houston
1933-1937
Assistant Solicitor, U.S. Department of the Interior
1937-1939
U.S. District Judge (Virgin Islands)
1939-1946
Dean, Howard University School of Law
1940-1943
Civilian Aide to the Secretary of War
1943
Awarded NAACP's Spingarn medal
1943, Dec. 25
Married Beryl Lockhart; children: Karen Roberta (Mrs. Wesley Samuel Williams, Jr.), William Henry, Jr.
1946-1949
Governor of Virgin Islands
1949-1968
Judge, U.S. Court of Appeals (3d Circuit)
1968-1971
Chief Judge, U.S. Court of Appeals (3d Circuit)
1971-1976
Senior Judge, U.S. Court of Appeals (3d Circuit)
1952
Elected Fellow of the American Academy of Arts and Sciences
1964-1969
Member, and later Chairman, of President's Commission on White House Fellows
1975
Received Philadelphia Award
1976, Apr. 14
Died, Philadelphia, Pennsylvania
Author:
  1. " Toward an Equalitarian Legal Order, 1930-1950. " Address delivered at Pomeroy Farm and Vocational School,June 18, 1950. Published in The Annals of the American Academy of Political and Social Science, Vol. 407 (May 1973).
  2. " Judicial Method in Due Process Inquiry. " Paper read at John Marshall Bicentennial Conference at theHarvard Law School, September 23, 1955. Published in Government Under Law, Cambridge, Massachusetts, 1956.
  3. " Federalism and States' Rights in Theory and in Practice. " Oliver Wendell Holmes Lectures, Washington UniversitySchool of Law, November 11, 13, and 18, 1964. [Unpublished]
  4. " The Black Mystique Pitfall. " Address delivered at the 62nd Annual Convention of theNAACP in Minneapolis, Minnesota, July 7, 1971. Published in The Crisis, Vol. 78, No. 8 (October 1971).
  5. " Judicial Role and Judicial Image. " Owen J. Roberts Memorial Lecture, University ofPennsylvania Law School, March 22, 1973. Published in University of Pennsylvania Law Review, Vol. 121, No. 5 (May 1973).
  6. " Free Speech: Contrasting Constitutional Concepts and Their Consequences. " Francis Biddle Memorial Lecture, Harvard Law School,February 19, 1974. Published in Harvard Civil Rights-Civil Liberties Law Review, Vol. 9, No. 3 (May 1974).
  7. " Affirmative Action in Vindicating Civil Rights. " David C. Baum Lecture on Civil Rights and Civil Liberties,University of Illinois College of Law, March 20, 1975. Published in University of Illinois Law Forum, Vol. 1975, No. 4.
  8. " Dedicatory Ceremony at Independence Hall. " Remarks delivered at Independence Hall, Philadelphia,Pennsylvania, April 5, 1976. Published in The Annals of the American Academy of Political and Social Science, Vol. 426 (July 1976).
  9. Hastie also authored bookreviews, speeches, commencement addresses, and occasional talks andwritings.

Series List

  1. Series I. U.S. Circuit Court of Appeals (3dCircuit), 1949-1976.
  2. ___ Subseries 1 Opinions. This sub-seriesincludes final typescripts of all of Judge Hastie's opinions,memoranda, orders, and per curiams; some holograph drafts; researchnotes of Hastie and of his law clerks; research materials;correspondence with his "brethren" regarding particular cases inwhich Hastie was writing; some correspondence about publication ofopinions in Reporter series; and "fan" mail. Materials are arrangedalphabetically by name of case.
  3. ___ Subseries 2 Loose Briefs. This sub-seriesconsists of a very small group of briefs in typed or photocopy form,arranged alphabetically.
  4. ___ Subseries 3 Administrative Matters. Included in this sub-series is correspondence; subject files;reports; agenda of the annual Judicial Conference of the ThirdCircuit; statistics; court calendars; designations; dockets; lists;Judicial Council matters; U.S. Temporary Emergency Court of Appealsmatters; and surveys. This group is particularly strong for Hastie'schief and senior judgeship years (1969-1976).
  5. ___ Subseries 4 Correspondence re Law Clerks. Included here is correspondence re hiring of law clerks; requestsfor Hastie's recommendations from subsequent prospective employers;and administrative matters re positions of clerks. Seven folderscontain job applications. Materials are arranged chronologically byyear of clerkships, 1951/1952 to 1975/1976.
  6. ___ Subseries 5 Correspondence re Other Personnel. This sub-series consists of correspondence relating to thehiring of non-judicial personnel and to problems arising during theiremployment, and matters relating to upgrading of various categoriesof employees. Materials are arranged alphabetically.
  7. ___ Subseries 6 Miscellany. This sub-seriesincludes mainly items relating to furnishing and redecoration ofspecific offices and judicial chambers; travel vouchers andcorrespondence re professional trips; and matters relating to use oftelephones.
  8. Series II. William Henry Hastie Sitting in Courts Other thanU.S. Circuit Court (3d Circuit), 1949-1976.

    This Seriesincludes final typescripts of Judge Hastie's opinions, as well aslarge numbers of first drafts; memoranda, research notes, andoutlines; some correspondence re arrangements for these sittings; and"fan" mail. Materials are arranged alphabetically by name ofcase.

  9. Series III. Set of Printed Opinions by Court Terms, 1950-1972.

    This Series consistsof final slipsheets of opinions. They are arranged chronologically[not a complete set].

  10. Series IV. Opinions by Others, 1950-1975.

    This Series includesdrafts of opinions of judges on the Court of Appeals (3d Circuit)other than Hastie, and of judges on other Federal Courts, includingcorrespondence with Hastie regarding their opinions; and motions todismiss and petitions for rehearing, including Hastie's decisions onthese motions and petitions. Materials are arranged alphabetically byname of case.

  11. Series V. Activities/Subjects: Non-Judicial,Non-Segregation/Discrimination, 1930-1976.

    This Seriesincludes correspondence relating to Hastie's membership inprofessional associations and in other societies, organizations, andclubs; to obligations growing out of his membership on boards oftrustees of educational and other institutions; to participation inconferences, on councils and commissions; to involvement in communityaffairs; and to alumni matters. Also included are agenda, minutes ofmeetings, reports, and typescripts of proceedings and hearings.Materials are arranged alphabetically by subject.

  12. Series VI. Writings, Lectures, Speeches, 1937-1976.

    This Series includesmanuscripts of Hastie's writings in holograph, typed, near-print, andprinted form, correspondence relating to arrangement for delivery andfor publication of special lectures, and invitations to speak. Alsoincluded are some notes on specific subjects. Dated writing isarranged chronologically, followed by unsorted, undated pieces.

  13. Series VII. Miscellaneous Correspondence, 1931-1976.

    This Series consistsof correspondence from individuals relating to a variety of matters,e.g., politics, race relations, civil liberties in general, andpersonal matters. Also included are requests, invitations,congratulatory items, appeals for monetary contributions, and newsfrom or about friends. Materials are arranged alphabetically.

  14. Series VIII. National Association for the Advancement of ColoredPeople, 1933-1975.

    This Series includescorrespondence, memoranda, legislative documents, committee reports,and statements on local matters in particular geographic areas. Sevenfolders relate specifically to the Legal Defense and EducationalFund, 1941-1974.

  15. Series IX. Segregation, Discrimination: Armed Services, 1940-1945.

    This Series consistsof Hastie's memoranda and correspondence while serving as CivilianAide in the War Department. Also included are individual case files,documents, reports, press clippings, and holograph notes. Of specialinterest are drafts of Hastie's letters of resignation (1942, 1943).Materials are arranged chronologically by personal files, followed bysubject files.

  16. Series X. Segregation, Discrimination: Miscellany, 1935-1975.

    This Seriesincludes drafts, research notes, documents, memos, clippings, andstatements re various aspects of discrimination, e.g., in housing,private schools, and recreation. Materials are arrangedalphabetically by subject area.

  17. Series XI. Personal-Biographical, 1916-1976.

    This Series includesbiographical sketches; letters on appointments to Virgin IslandsGovernorship and to U.S. Court of Appeals Judgeship; Hastie'sparticipation in President Harry S. Truman's 1948 presidentialcampaign; programs of and correspondence relating to honorary degreeceremonies; correspondence re honorary and testimonial dinners;photographs; clippings; and obituaries and programs of memorialservices for Hastie.

  18. Series XII. Printed Briefs, 1950-1976.

    This Series consistsof briefs of approximately 280 cases in which Judge Hastie wroteopinions. They are arranged at random, but indexed alphabetically bycase, with Paige box location, in the Inventory.

  19. Series XIII. Opinions.

    This Seriesconsists of miscellaneous printed opinions.

Physical Location

Harvard Depository

Immediate Source of Acquisition

The papers of William Henry Hastie (1904-1976), attorney, educator, civil servant, judge, were presented to the Harvard Law School Library as a gift between December 15, 1979 and July 1, 1981 by his daughter, Karen Hastie Williams, and son, William Henry, Jr.

Existence and Location of Copies

The William Hastie Papers is available on microfilm; see the HOLLIS record for more information.

Researchers are required to use the microfilm copy of the collection.

APPENDIX

INDEX TO BRIEFS IN PAIGE BOXES

Note: Number Following Case Name Indicates Paige Box or Boxes
  1. Estate of Aaron v. Commissioner#8
  2. Aceto v. Zurich Insurance Co. #8
  3. Alabama-Tennessee Natural Gas Co. v. FPC #18
  4. Amalgamated Ass'n of Street, Electric Railway...Employees v.Pennsylvania Greyhound Lines, Inc. #11
  5. American DredgingCo. v. Local 25, Marine Division, International Union of OperatingEngineers #6
  6. American Houses, Inc. v. Schneider#11
  7. Association of Westinghouse Salaried Employees v.Westinghouse Electric Corp. #6
  8. Atlantic Wool Combing Co.v. Norfolk Mills, Inc. #2
  9. Atlas Powder Co. v. Ewing#1
  10. Baldwin County Electric Membership Co. v. PriceCommission #20
  11. Banger v. Philadelphia Electric Co. v.James D. Morrissey, Inc. #15
  12. Bannister v. United States#15
  13. Barzin v. Selective Service Local Board No. 14#14
  14. Basin, Inc. v. Federal Energy Administration#10
  15. Bendix Aviation Corp. v. Glass #16, 18
  16. Bierman v. Marcus #8
  17. Blake v. Farrell Lines, Inc.#15
  18. Boiardo v. Martin #3
  19. Booth v. AnacondaCo. #20
  20. Brabazon v. Belships Co. #9
  21. Braunfeld v. Gibbons #21
  22. In re Brown #18
  23. Bruszewski v. United States #6
  24. C. Howard Hunt PenCo. v. FTC #6
  25. In re Calpa Products Co. #15
  26. Casey v. Transamerica Life Insurance and Annuity Co. #7
  27. Cate v. Good #22
  28. In re Central Railroad of NewJersey #10, 15
  29. Chicago Bridge & Iron Co. v. Wheatley#13
  30. Ciba Corp. v. Richardson #14
  31. Cine-ComTheatres Eastern States, Inc. v. Lordi #16
  32. CitiesService Co. v. Federal Energy Administration #10
  33. Clarkv. Payne #20
  34. Clemens v. Central Railroad of New Jersey#16
  35. Colosimo v. The May Department Store Co. v. Hughes#16
  36. Commissioner v. Bilder #8
  37. Commissionerv. Ide #14
  38. In re Commonwealth & Southern Corp. #8,14, 20
  39. In re Commonwealth Financial Corp. #14
  40. Concepcion v. Soto #19
  41. Consumers Oil Corp. v.Phillips Petroleum Co. #10, 14
  42. Consumers Union of theUnited States, Inc. v. Zarb #10
  43. Continental Can Co. v.Crown Cork & Seal Co. #17
  44. Cream Wipt Food ProductsCo. v. Federal Security Administrator #9
  45. Curtis v. A.Garcia y Cia. v. Jarka Corp. #1
  46. Danzig v. The VirginIsland Hotel, Inc. #18
  47. Delaware Steel Co. v. CalmarSteamship Corp. #19
  48. Dessi v. Pennsylvania Railroad#8
  49. Diebold v. Commissioner #6
  50. Domeracki v.Gulf Oil Corp. #16
  51. Donruss Co. v. United States#9
  52. Dunnaway v. Duquesne Light Co. v. AlleghenyContracting Industries, Inc. #8
  53. Eastern Gas & FuelAssociates v. Martin Marine Transportation Co. #16
  54. Ellerman Lines Ltd. v. Atlantic & Gulf Stevedores Inc.#8
  55. In re Ernst #11
  56. Ettore v. PhilcoTelevision Broadcasting Corp. #20
  57. Evans v. United States#2
  58. Farris Engineering Corp. v. The Service Bureau Corp.#19
  59. Faylor v. Commissioner #4
  60. Federal HomeLoan Bank Board v. Greater Delaware Valley Federal Savings and LoanAss'n #2
  61. Fireman's Fund Insurance Co. v. Biafore#9
  62. Foster v. Dravo Corp. #6
  63. Francis I.duPont & Co. v. Sheen #17
  64. G. & W.H. Corson, Inc.v. Commissioner #5
  65. Gainey v. Brotherhood of Railway& Steamship Clerks #8, 11
  66. Gallagher v. CincinnatiMilacron, Inc. #1
  67. Gallagher v. PhiladelphiaTransportation Co. #11
  68. Garcia v. Thomas #19
  69. Gateway Coal Co. v. United Mine Workers of America #22
  70. General Trading Corp. v. Burnup & Sims, Inc. #14
  71. Girard Trust Co. v. United States #8
  72. GlycoProducts Co. v. Federal Security Administrator #19
  73. Goev. Commissioner #8
  74. Goslee v. Crawford #8
  75. Greater Delaware Valley Federal Savings & Loan Ass'n v.Federal Home Loan Bank Board #8
  76. Gross v. Fox #18
  77. Gross v. Texas Plastics, Inc. #3
  78. H.J. Heinz Co. v.Owens #1
  79. Hampson v. Bucyrus-Erie Co. #11
  80. Hanlon v. Cyril Bath Co. #3
  81. Harbison-WalkerRefractories Co. v. United States #1
  82. Hartmann v. Time,Inc. #11
  83. Heli-Coil Corp. v. Webster #6
  84. Henkels & McCoy, Inc. v. Elkin #4
  85. HerculiteProtective Fabrics Corp. v. Commissioner #19
  86. Hilliard v.Pennsylvania #1
  87. Hodgson v. American Concrete andConstruction Co. #15
  88. Hopkins v. E.I. DuPont de Nemoursand Co. #11
  89. Application of John A. Howard to QuashSummons ... #1, 3
  90. Huddleston v. Ohio River Co.#20
  91. Estate of Hull v. Commissioner #11
  92. Iacaponi v. New Amsterdam Casualty Co. #16
  93. Iannelli v. Long #9
  94. In re Imperial '400' National,Inc. #11
  95. Industrial Union of Marine and ShipbuildingWorkers v. NLRB #3
  96. International Ass'n of Machinists v.NLRB #4
  97. International Brotherhood of Teamsters v. KrogerCo. #3
  98. International Telephone and Telegraph Corp. v.NLRB #16
  99. Jacobson v. Atlantic City Hospital #3
  100. Jacobson v. Commissioner #3
  101. Jalbuena v. Dulles#16
  102. Jefferson-Travis, Inc. v. Giant Eagle Markets, Inc.#11
  103. Jenkins v. Dell Publishing Co. #6
  104. Jessup v. Clark #10
  105. Johnson v. Metropolitan LifeInsurance Co. #19
  106. Jos. L. Muscarelle, Inc. v. CentralIron Mfg. Co. #19
  107. Jurinko v. Edwin L. Wiegand Co.#11
  108. Kelley v. Southern Pacific Co. #20
  109. Kenrich Corp. v. Miller #11
  110. Kerotest ManufacturingCo. v. C-O-Two Fire Equipment Co. #16
  111. Knox v. UnitedStates Lines Co. v. T. Hogan Corp. #19
  112. Kosnosky v.Gardner #19
  113. In re Kravitz #19
  114. L'AiglonApparel, Inc. v. Lana Lobell, Inc. #18
  115. La ChemiseLacoste v. General Mills, Inc. #21
  116. Lady Nelson, Ltd. v.Creole Petroleum Corp. #12
  117. Lamb Enterprises, Inc. v.Erie (PA) #12
  118. LaMorte v. Penn Central Transportation Co.#12
  119. Lawlor v. National Screen Service Corp. #1
  120. Lebeck v. Crane Operating Co. #16
  121. Lehigh PortlandCement Co. v. United States #1
  122. In re Lehigh ValleyRailroad #16
  123. Lind v. Schenley Industries, Inc.#18
  124. Litton Systems, Inc. v. Rice #3, 5
  125. Lodge 1477 United Transportation Union v. Baker #16
  126. Loevsky v. Commissioner #16
  127. Loper v. United States#7
  128. Estate of Lukens v. Commissioner #9, 12
  129. Lukens Steel Co. v. Commissioner #9, 12, 20
  130. Luscombe Engineering Co. v. United States #12
  131. McDonald v. Winfield Corp. #3
  132. Madison Fund, Inc.v. Commissioner #11
  133. Main Line Theatres, Inc. v.Paramount Film Distributing Corp. #3
  134. Mammon v. Schatzman#16
  135. Martin v. Neuschel #11
  136. May, Stern andCo. v. Commissioner #1
  137. Mayflower Industries, Inc. v.Thor Corp. #11
  138. Meyers v. Canton #4
  139. MiddleAtlantic Stud Welding Co. v. Trufit Screw Products Corp. #7
  140. Milgram v. Loew's Inc. #6
  141. Miller v. Linien#4
  142. Mohawk Petroleum Corp. v. Navy #10
  143. Moncrief v. Township of Medford (New Jersey) #20
  144. Morgenstern Chemical Co., Inc. v. Schering Corp. #6
  145. Mursor Builders, Inc. v. Crown Mountain Apartment Associates#7
  146. National Association of Government Employees v.Schlesinger #12
  147. NLRB v. City Welding & Mfg. Co.#19
  148. NLRB v. Frank C. Varney Co. #1
  149. NLRB v.Jarka Corp. #1
  150. NLRB v. Juniata Packing Co. #18
  151. NLRB v. Kingston Cake Co. #1
  152. NLRB v. Local 676,International Brotherhood of Teamsters #6
  153. NLRB v. Locals1291 and 1242, International Longshoremen's Ass'n #1, 13
  154. NRLB v. Truck Drivers and Helpers, Local Union 676,International Brotherhood of Teamsters #5
  155. NLRB v. Weber#13
  156. Nedd v. United Mine Workers #6
  157. Nettlesv. Rundle #20
  158. New York (City) v. New York Telephone Co.#10
  159. Nongard v. Burlington County (PA) Bridge Commission#6
  160. Norman v. Commissioner #19
  161. NorthCarolina Utilities Commission v. FCC #12
  162. In re O. V.Corp. #19
  163. O'Callahan v. Parker #7, 12, 20
  164. Packaged Programs, Inc. v. Westinghouse Broadcasting Co.#7
  165. Packwood v. Briggs & Stratton Corp. #11
  166. Paterson Parchment Paper Co. v. International Brotherhood ofPaper Makers #7
  167. Pavlovscak v. Lewis #15
  168. Penn Central Co. v. Buckley & Co., Inc. #17
  169. Inre Penn Central Transportation Co. #2, 6, 8, 9
  170. Pennsylvania Turnpike Commission v. McGinnis #7
  171. Peoples Cab Co. v. Bloom #3
  172. Peter v. Arrien#19
  173. Philadelphia Moving Picture Machine Operators'Union, Local No. 307 v. NLRB #7
  174. Piasecki Aircraft Corp.v. NLRB #8
  175. In re Pioneer Sample Book Co. #13
  176. In re Pittsburgh-Duquesne Co. #3
  177. Plotnick v.Pennsylvania Smelting & Refining Co. #6
  178. Podgorski v.United States #15
  179. Pollack v. 118 East 60th Owners, Inc.#10
  180. Provence v. Commissioner #7
  181. RadioCorporation of America v. Association of Professional EngineeringPersonnel #7
  182. Rayonier Inc. v. United States #7
  183. In re Reading Co. #4
  184. Reed v. Steamship Yaka#6
  185. In re Rego #20
  186. Republic Oil Refining Co.v. Granger #7
  187. Roberts v. Union Carbide Corp. #20
  188. Rosen v. United States #3
  189. Royal Indemmity Co. v.Barbato #8
  190. Rumsey v. The Great Atlantic & PacificTea Co. #17
  191. Sampsell v. Straub #3
  192. Sanfordv. Kepner #2
  193. Schiavoni v. Honus Wagner Co. #2
  194. Scott v. Eastern Air Lines, Inc. #6
  195. SeatrainLines, Inc. v. Pennsylvania Railroad #8
  196. Senor v. BangorMills, Inc. #1
  197. Serio v. Liss #6
  198. Shapp v.Simon #10
  199. Silverman v. Constitution Life Insurance Co.#7
  200. Skeels v. Universal C.I.T. Credit Corp. v. Skeels #6,22
  201. Sleek v. J.C. Penney Co. #3
  202. Estate ofThalia E. Graff Smith v. Commissioner #3
  203. Smith v. VirginIslands #6
  204. Sopp v. United States #2
  205. Spartav. Lawrence Warehouse Co. #2
  206. Stockton v. Lucas#21
  207. Stretch v. Weinberger #9
  208. Sullivan v.Delaware River Port Authority #3
  209. Tasty Baking Co. v.Cost of Living Council #14
  210. Taussig v. Wellington Fund,Inc. #13
  211. Taxin v. Food Fair Stores, Inc. #7
  212. Telechron, Inc. v. Telicon Corp. #6
  213. In reTer-A-Tom Associates, Inc. #7
  214. Thiokol Chemical Corp. v.Burlington Industries, Inc. #6, 13, 16
  215. Torman v.Salzinger #2
  216. Turbo Machine Co. v. Proctor Hydro-Set Co.#2
  217. Two Guys from Harrison-Allentown, Inc. v. McGinley#1, 21
  218. United States v. Adamo #9
  219. UnitedStates v. Alexander #17
  220. United States v. Allard#19
  221. United States v. American Radiator & StandardSanitary Corp. #3, 14
  222. United States v. An ArticleConsisting of 36 Boxes... #2
  223. United States v. Anderson#4
  224. United States v. Ardine #21
  225. UnitedStates v. Banmiller #11
  226. United States v. Bonham#15
  227. United States v. Brierley #9, 18
  228. UnitedStates v. Burley #11
  229. United States v. Carlucci#13
  230. United States v. Catanzaro #11
  231. UnitedStates v. Cecchini #17, 19
  232. United States v. CertainLands Located in....New Jersey #3
  233. United States v.Chelsea Towers, Inc. #21
  234. United States v. Cihal#11
  235. United States v. Colwell #10
  236. UnitedStates v. Common Pleas Court at Philadelphia #1
  237. UnitedStates v. Currens #6
  238. United States v. Dabney #9
  239. United States v. DeCavalcante #5
  240. United States v.Dexter Corp. #3
  241. United States v. Dye #9
  242. United States v. 88 Cases, etc. "Bireley's Orange Beverage"#16
  243. United States v. Faix #12, 19
  244. UnitedStates v. Fields #9
  245. United States v. Grasso #9
  246. United States v. Gyekis #11
  247. United States v. Handy#9
  248. United States v. Hockenberry #21
  249. UnitedStates v. Jacangelo #8
  250. United States v. Johnson#2
  251. United States v. Joseph #17
  252. UnitedStates v. Kuzma #18
  253. United States v. Lebosky #2
  254. United States v. Lester #15
  255. United States v.McAllister #21
  256. United States v. McCullough #4, 21
  257. United States v. McQueen #18
  258. United States v.Maiello #4
  259. United States v. Maroney #15
  260. United States v. Minker #6
  261. United States v. Myers#2, 8, 19
  262. United States v. Neff #9
  263. UnitedStates v. New Jersey #16, 18
  264. United States v. 959.68Acres of Land #13
  265. United States v. 172.80 Acres of Land#1
  266. United States v. Parness #7
  267. UnitedStates v. Polites #18
  268. United States v. Powell #12
  269. United States v. Prasse #16
  270. United States v.Rundle #3, 11, 13, 14, 15
  271. United States v. 64.88 Acresof Land...in Pennsylvania #3
  272. United States v. Testa#21
  273. United States v. 355.70 Acres of Land #3
  274. United States v. Tieger #2
  275. United States v. Tindle#9
  276. United States v. Tucker #13
  277. UnitedStates v. Vitiello #9
  278. United States v. West #18
  279. United States v. Worstell #6
  280. United States v.Yeager #5, 6, 10, 14, 17
  281. United States v. Zeiler#14
  282. United States ex rel Bolish v. Brierly #21
  283. United States ex rel Stanley Cassidy v. Yeager #22
  284. United States ex rel Evans v. Hendricks #21
  285. UnitedStates ex rel Sylvester Johnson v. Yeager #22
  286. UnitedSteelworkers v. Reliance Universal Inc. #6
  287. UnitedSteelworkers v. United States #13
  288. Valetti v.Commissioner #6
  289. Virgin Islands Corp. v. MerwinLighterage Co. #9
  290. Walker v. Tilley Lamp Co. #11
  291. Washington v. Nancy Corp. #12
  292. Waterman SteamshipCorp. v. Dugan & McNamara, Inc. #3
  293. Welsh v. UtahDredging Co. #7
  294. Westinghouse Electric Corp. v. UnitedElectrical, Radio and Machine Workers #7
  295. WhitneyNational Bank of New Orleans v. Transamerica Insurance Co. #15
  296. Windham Creamery, Inc. v. Freeman #4
  297. Wymard v.McCloskey & Co. #2, 20
  298. Young v. Brotherhood ofRailway and Steamship Clerks #8
  299. Zegan v. The CentralRailroad of New Jersey #19

Processing Information

Compiled by Erika S. Chadbourn, Lynne Hollyer and Richard McNally, 1984.
Link to catalog
Title
Hastie, William. Papers, 1916-1976: Finding Aid
Author
Harvard Law School LibraryCambridge, MA 02138
EAD ID
law00134

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