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William Clark (judge)

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William Clark
Judge of the United States Court of Appeals for the Third Circuit
In office
June 25, 1938 – March 24, 1943
Appointed byFranklin D. Roosevelt
Preceded byJoseph Whitaker Thompson
Succeeded byGerald McLaughlin
Judge of the United States District Court for the District of New Jersey
In office
May 21, 1925 – June 25, 1938
Appointed byCalvin Coolidge
Preceded byCharles Francis Lynch
Succeeded byThomas Glynn Walker
Personal details
Born
William Clark

(1891-02-01)February 1, 1891
Newark, New Jersey
DiedOctober 10, 1957(1957-10-10) (aged 66)
Colombo, Sri Lanka
Political partyRepublican
Spouses
Marjory Bruce Blair
​
​
(m. 1913; div. 1947)​
​
​
(m. 1947)​
RelationsJ. Donald Cameron
ChildrenAnne Clark Martindell
Ledyard Blair Clark
J. William Clark
EducationHarvard University (BA, MA)
Harvard Law School (LLB)
Military service
Allegiance United States of America
Branch/service United States Army
Years of service1917–1918
1942–1945
RankColonel
Battles/warsWorld War I
World War II
AwardsSilver Star

William Clark (February 1, 1891 – October 10, 1957) was a United States circuit judge of the United States Court of Appeals for the Third Circuit and previously was a United States district judge of the United States District Court for the District of New Jersey.

Early life and education

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Clark was born on February 1, 1891, in Newark, New Jersey. His parents were John William Clark (1867–1928),[1][2] and Margaretta Cameron Clark (1869–1941).[3] He had two brothers, John Balfour Clark,[4] who became president of the Clark Thread Company,[5] and James Cameron Clark.[6][7] His father was president of the Clark Thread Company of Newark (Clark Thread Co. later merged with J. & P. Coats to become Coats & Clark Inc.).[8]

His maternal grandfather was U.S. Senator and Secretary of War during the Grant administration, J. Donald Cameron,[9] who himself was the son of Simon Cameron, also a U.S. Senator and the Secretary of War during the Lincoln administration.[3] His paternal grandfather was a brother of William Clark,[10] the founder of the Clark Thread Company in the United States.[11]

He studied at the Newark Academy and St. Mark's School and earned successive degrees at Harvard University, starting with a Bachelor of Arts degree at the age of 20 in 1911, followed by a Master of Arts degree a year later, and finally a Bachelor of Law from Harvard Law School in 1915.[12]

Career

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Two years after graduating from Harvard Law, when the United States entered World War I, he joined the United States Army going to France. He stayed with the Army until 1918, rising to the rank of captain and receiving a Silver Star for gallantry in action.[12] In 1920, Clark entered the practice of law in Newark until 1923, when he became a judge of the New Jersey Court of Errors and Appeals. He served for one year.[12]

Federal judicial service

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Clark, a Republican, received a recess appointment from President Calvin Coolidge on May 21, 1925, to a seat on the United States District Court for the District of New Jersey vacated by Judge Charles Francis Lynch.[13] He was nominated to the same position by President Coolidge on December 8, 1925. He was confirmed by the United States Senate on December 17, 1925, and received his commission the same day. His service terminated on June 25, 1938, due to his elevation to the Third Circuit.[14]

Clark was nominated by President Franklin D. Roosevelt on June 10, 1938, to a seat on the United States Court of Appeals for the Third Circuit vacated by Judge Joseph Whitaker Thompson.[15] He was confirmed by the United States Senate on June 16, 1938, and received his commission on June 25, 1938.[14] His service terminated on March 24, 1943, due to his resignation.[16]

Notable cases

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Clark presided over many patent cases, only three of which were overturned by 1930.[17]

In 1930, in the case of United States v. Sprague, Clark ruled that the Eighteenth Amendment was invalid on the grounds that its ratification by State Legislatures was not the method prescribed by the United States Constitution for amendments effecting a transfer of power from the individual states to the United States.[12][18][19][20]

World War II

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On March 24, 1943, Clark resigned his judgeship and became a full-time member of the United States Army, this time as part of World War II. He was originally commissioned a lieutenant colonel.[21] His service lasted until the war's conclusion in 1945, rising to the rank of colonel after 32 months spent overseas.[12] Upon his return to the United States, Clark sued the government under the G.I. Bill for his seat on the bench back.[22] A unanimous decision by the United States Court of Claims held that he was not entitled to resume his post he left to rejoin to Army.[21] In January 1948, he was appointed a civilian member of the legal staff of Genenal Lucius D. Clay, who was commanding the occupation forces in Germany.[23] In 1949, Clark became the chief justice of the Allied High Commission Court of Appeals in Nuremberg, Germany. He stayed in this position until 1954,[14] after being informed in 1953 that he was not going to be reappointed Chief Justice due to the diminishing amount of work for the court to preside over.[12][24][25]

Personal life

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On September 20, 1913, Clark married Marjory Bruce Blair (1893–1975),[26] daughter of investment banker C. Ledyard Blair.[27] Eight hundred guests were invited to the celebration at the Blairsden Mansion in Peapack-Gladstone, New Jersey, not far from the Clark family's own estate, Peachcroft.[8] Before their divorce in 1947, they had three children, a daughter and two sons:

On October 4, 1947,[32] Clark married for the second time to Sonia Tomara (1897–1982),[33] a foreign correspondent for the New York Herald Tribune, in Paris.[34][35] Clark died of a heart attack on October 10, 1957, while on vacation in Colombo, Sri Lanka.[12]

References

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  1. ^ The New York Times, Special Cable To (8 July 1902). "WILLIAM CLARK DEAD.; Thread Manufacturer of Newark, N. J., and Scotland, Passes Away on His Yacht at Portland, England". The New York Times. Retrieved 17 May 2017.
  2. ^ "J. WILLIAM CLARK DIES UNEXPECTEDLY; President of Thread Mills in Newark Succumbs to Heart Disease. WAS A DIRECTOR IN BANKS Also Interested in Insurance Companies--Identified With Many Philanthropies". The New York Times. 17 July 1928. Retrieved 17 May 2017.
  3. ^ a b "MRS, J, WILLIAM CLARK; Mother of Federal Judge Was Daughter of U.S. Senator". The New York Times. 19 March 1941. Retrieved 17 May 2017.
  4. ^ Times, Special To The New York (4 August 1935). "MRS. MARJORIE WING WED.; Daughter of the LeRoy Wards Bride of John Balfour Clark". The New York Times. Retrieved 17 May 2017.
  5. ^ "JOHN BALFOUR CLARK". The New York Times. 27 July 1982. Retrieved 17 May 2017.
  6. ^ "LADY IRENE CUBITT WED TO J. C. CLARK; Civil and Religious Ceremonies in London for Peer's Dasghter and American Sportsman". The New York Times. February 10, 1933. Retrieved 17 May 2017.
  7. ^ "J. C. CLARK MARRIES MRS. M. T. GIBSON; Daughter of Mrs. Moses Taylor Is Bride of Sportsman and Thread Firm's Ex-Head". The New York Times. 12 April 1937. Retrieved 17 May 2017.
  8. ^ a b Schleicher, William A. and Susan Winter. In the Somerset Hills: The Landed Gentry. Arcadia, 1997.
  9. ^ The History of Blairsden in Peapack, NJ, Historical Society of The Somerset Hills.
  10. ^ "ILLNESS OF WILLIAM CLARK.; Cablegram Received in Newark Says He Is Dying in Scotland". The New York Times. 2 June 1902. Retrieved 17 May 2017.
  11. ^ Times, Special To The New York (14 August 1902). "WILL OF WILLIAM CLARK.; Thread Manufacturer's Estate of $5,000,000 Goes to His Family". The New York Times. Retrieved 17 May 2017.
  12. ^ a b c d e f g Times, Special To The New York Times the New York (11 October 1957). "WILLIAM CLARK, U.S. JUDGE, DIES; Ex-Chief Justice in Germany Succumbs in Ceylon-- Ruled on Prohibition Controversial Figure". The New York Times. Retrieved 17 May 2017.
  13. ^ "CHARGES FIRST GRAND JURY.; Federal Judge Clark Directs September Term In Trenton". The New York Times. 10 September 1925. Retrieved 17 May 2017.
  14. ^ a b c "Clark, William". www.fjc.gov. Federal Judicial Center. Retrieved 17 May 2017.
  15. ^ "CLARK TAKES OATH AS APPEALS JUDGE; Justice Roberts Swears In New Member of Circuit Bench". The New York Times. 6 July 1938. Retrieved 17 May 2017.
  16. ^ "ROOSEVELT ACCEPTS CLARK'S RESIGNATION; Acts on Ruling Judges in Military Service Must Leave Bench". The New York Times. 6 August 1942. Retrieved 17 May 2017.
  17. ^ "JUDGE CLARK REVERSED IN ONLY THREE CASES; Named to Federal Bench in 1925 When He Was 34--Got Gallantry Citation in War". The New York Times. 17 December 1930. Retrieved 17 May 2017.
  18. ^ Times, Special To The New York (18 December 1930). "Wayne B. Wheeler Endorsed Judge Clark for Federal Bench". The New York Times. Retrieved 17 May 2017.
  19. ^ "Text of Judge Clark's Decision Holding Prohibition Amendment Unconstitutional; People and Not Legislature Held to Be Proper Ratifiers of the Amendment". The New York Times. 17 December 1930. Retrieved 17 May 2017.
  20. ^ "JUDGE CLARK CITES ARTICLE V | Ratification Should Be by People, Not States, He Maintains. AN APPEAL TO BE TAKEN Jurist Believes Ruling Cannot Bring Into Question Passage of Other Amendments. OPINION CALLS ISSUE NEW Says Supreme Court Never Has Ruled on Adoption--Others Hold That It Has. Washington Is Disturbed. Other Amendments Unaffected. RULES PROHIBITION AMENDMENT VOID". The New York Times. 17 December 1930. Retrieved 17 May 2017.
  21. ^ a b Times, Special To The New York (8 July 1947). "SEAT DENIED CLARK IN CIRCUIT COURT; Unanimous Decision Holds the Ex-Jurist Is Not Entitled to Resume Post Left for Army". The New York Times. Retrieved 17 May 2017.
  22. ^ "CLARK, IN PAY SUIT, ASKS 2 JUDGES QUIT; Former Justice Sees Parallel to His Case on Bench of Court of Claims". The New York Times. 8 April 1947. Retrieved 17 May 2017.
  23. ^ Times, Special To The New York (20 August 1948). "Clay Names Judge William Clark Appeals Court Chief in Germany; Three Others Are Appointed as Associates -- Principal Counsel Also Chosen". The New York Times. Retrieved 17 May 2017.
  24. ^ Times, Special To The New York (26 November 1953). "U.S. Chief Justice in Germany Is Dismissed, but Will Resist; Clark Bars Any Interference With Rulings -- Clashes With Conant Cited U. S. JUSTICE FIGHTS OUSTER IN GERMANY". The New York Times. Retrieved 17 May 2017.
  25. ^ "U.S. Forces Judge Clark to Return By Seizing Diplomatic Passport; JUDGE ENDS FIGHT TO STAY IN EUROPE". The New York Times. 29 December 1953. Retrieved 17 May 2017.
  26. ^ a b Times, Special To The New York (20 September 1975). "MARJORY B. CLARK". The New York Times. Retrieved 17 May 2017.
  27. ^ "SOCIAL LIFE AT STANDSTILL DURING LAST WEEK OF LENT; Plans for Numerous Post-Lenten Weddings Announced -- Miss Marjory Bruce Blair Engaged -- Mrs. John Astor Sails for London This Week". The New York Times. 16 March 1913. Retrieved 17 May 2017.
  28. ^ Grimes, William (15 June 2008). "Anne C. Martindell, Late Bloomer, Lawmaker and Diplomat, Is Dead at 93". The New York Times. Retrieved 17 May 2017.
  29. ^ Lewin, Tamar (20 May 2002). "The Graduate, Age 87, Looks Ahead". The New York Times. Retrieved 17 May 2017.
  30. ^ Pace, Eric (2000-06-08). "Blair Clark, 82, CBS Executive Who Led McCarthy's '68 Race – New York Times". The New York Times. Retrieved 2008-03-20.
  31. ^ Times, Special To The New York (7 May 1941). "J. HOLLADAY PHILBIN ENGAGED TO MARRY; Boston Girl Will Become Bride of Blair Clark of Princeton". The New York Times. Retrieved 17 May 2017.
  32. ^ "EX-JUDGE CLARK WEDS MISS TOMARA IN PARIS". The New York Times. 1 November 1947. Retrieved 17 May 2017.
  33. ^ "Sonia Tomara Clark". New York Times. 9 September 1982. Retrieved 3 March 2016.
  34. ^ "Ex-Judge Clark Weds Miss Tomara in Paris". The New York Times, November 1, 1947. Accessed June 13, 2008.
  35. ^ Nancy Signorielli (1996). Women in Communication: A Biographical Sourcebook. Greenwood Publishing Group. pp. 316–. ISBN 978-0-313-29164-7.
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Legal offices
Preceded by Judge of the United States District Court for the District of New Jersey
1925–1938 		Succeeded by
Preceded by Judge of the United States Court of Appeals for the Third Circuit
1938–1943 		Succeeded by
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