[Congressional Record Volume 159, Number 130 (Friday, September 27, 2013)]
[House]
[Pages H5890-H5892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EDWARD J. DEVITT UNITED STATES COURTHOUSE
Mr. BARLETTA. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2251) to designate the United States courthouse located at
118 South Mill Street, in Fergus Falls, Minnesota, as the ``Edward J.
Devitt United States Courthouse'', as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2251
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[SECTION 1. DESIGNATION.
[The United States courthouse located at 118 South Mill
Street, in Fergus Falls, Minnesota, shall be known and
designated as the ``Edward J. Devitt United States
Courthouse''.
[SEC. 2. REFERENCES.
[Any reference in a law, map, regulation, document, paper,
or other record of the United States to the United States
courthouse referred to in section 1 shall be deemed to be a
reference to the ``Edward J. Devitt United States
Courthouse''.]
[[Page H5891]]
SECTION 1. DESIGNATION.
The United States courthouse and Federal building located
at 118 South Mill Street, in Fergus Falls, Minnesota, shall
be known and designated as the ``Edward J. Devitt United
States Courthouse and Federal Building''.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper,
or other record of the United States to the United States
courthouse and Federal building referred to in section 1
shall be deemed to be a reference to the ``Edward J. Devitt
United States Courthouse and Federal Building''.
Amend the title so as to read: ``A bill to designate the
United States courthouse and Federal building located at 118
South Mill Street, in Fergus Falls, Minnesota, as the `Edward
J. Devitt United States Courthouse and Federal Building'.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Barletta) and the gentleman from Indiana (Mr. Carson)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. BARLETTA. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 2251, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. BARLETTA. Mr. Speaker, I yield myself such time as I may consume.
H.R. 2251, as amended, would designate the United States courthouse
and Federal building located at 118 South Mill Street in Fergus Falls,
Minnesota, as the Edward J. Devitt United States Courthouse and Federal
Building.
Judge Devitt attended the University of North Dakota. Early in his
career he served as judge on the Minnesota municipal court and as
assistant attorney general for Minnesota. During World War II, he was a
lieutenant commander in the United States Naval Reserve. Judge Devitt
later became a United States Representative from Minnesota. In 1954,
Judge Devitt was appointed to the United States District Court for the
District of Minnesota and served as the chief judge from 1959 to 1981.
I think it is appropriate to honor the work of Judge Devitt by naming
this courthouse and Federal building after him. I support passage of
this legislation.
I reserve the balance of my time.
Mr. CARSON of Indiana. Mr. Speaker, I yield myself such time as I may
consume.
I rise in support of H.R. 2251, which names the Federal building and
courthouse in Fergus Falls, Minnesota, after Federal Judge Edward
Devitt.
Judge Devitt was a former Member of Congress, World War II veteran,
and municipal judge. Judge Devitt received a bachelor of science and
law degree from the University of North Dakota in 1932 and 1935,
respectively. Upon graduation, Judge Devitt went into private practice
as a lawyer and was later elected as a municipal judge in East Grand
Forks, Minnesota, becoming one of the youngest judges in the Nation at
that time. He then went on to serve as an assistant attorney general
for the State of Minnesota in 1939.
During World War II, Judge Devitt served as a lieutenant commander to
the Seventh Fleet in U.S. Navy Intelligence. After his World War II
service, Judge Devitt successfully won election to the U.S. House of
Representatives in the 80th Congress. After serving one term in
Congress, Judge Devitt returned to private practice for 1 year before
serving as a probate judge in Ramsey County, Minnesota.
Judge Devitt became a U.S. District Judge in the District of
Minnesota in 1955 after being nominated by President Dwight D.
Eisenhower. After joining the Federal bench, Judge Devitt went on to
serve as chief judge from 1959 to 1981.
During his lengthy tenure on the U.S. District Court, he became one
of the most respected district court judges in the Nation. His
decisions were seldom reversed on appeal. He was known for spearheading
efforts to balance the demands of free press access to courts with the
needs of courtroom proceedings.
To honor his achievements, we are nominating him for his
distinguished service and giving him the Justice Award, which is
annually given to a Federal judge who has made significant
contributions, Mr. Speaker, to the administration of justice, the
advancement of the rule of law, and the improvement of society as a
whole.
The designation of the United States courthouse as the Edward J.
Devitt Courthouse and Federal Building is yet another fitting tribute,
Mr. Speaker, to this judge's outstanding public service career.
I urge my colleagues to approve this important piece of legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. BARLETTA. Mr. Speaker, I reserve the balance of my time.
Mr. CARSON of Indiana. Mr. Speaker, I yield 2 minutes to the
gentleman from Minnesota (Mr. Peterson).
Mr. PETERSON. Mr. Speaker, I rise today to honor a great Minnesotan,
the Honorable Edward James Devitt, and support my legislation, H.R.
2251.
The Federal court's presence in Fergus Falls continues to be an
integral part of our Nation's unwavering principles: providing equal
access to justice. The Federal court that resides in the Federal
building in Fergus Falls serves the needs of the citizens of west
central Minnesota and the surrounding region. It serves a population of
over 610,000 people and covers over 25,000 square miles. It serves the
cities of Fergus Falls, Moorhead, East Grand Forks, and Bemidji, as
well as the Red Lake and White Earth Reservations.
Naming the building the Edward J. Devitt United States Courthouse and
Federal Building will give a great honor to distinguished jurist Judge
Devitt as a much-deserved recognition.
Before he was judge, he served one term in Congress, as was noted. He
was elected in 1946. As a freshman in the 80th Congress, his classmates
included John F. Kennedy and Richard M. Nixon. He was also defeated the
end of that term by another famous Minnesotan, Eugene McCarthy.
No judge in the recent past is more closely linked to the history of
the Fergus Falls courthouse than Judge Devitt. During his many years of
service on the Federal bench, he presided over numerous cases in the
Fergus Falls courthouse.
Judge Devitt was appointed by President Eisenhower to the U.S.
District Court of Minnesota in 1955. Then, in 1959, he was named chief
judge for the Minnesota district, where he held that position until
1981. He served on the Federal bench for 38 years.
I would like to submit the following statement for the Record,
written by Mr. Thomas Boyd, who wrote this brief but detailed biography
of the Honorable Edward J. Devitt.
Again, Mr. Speaker, I strongly support this bill and urge my
colleagues to support it as well.
The Honorable Edward J. Devitt United States Courthouse, Fergus Falls,
MN
(By Thomas H. Boyd)
The Honorable Edward James Devitt was a proud son of
Minnesota, and a man of whom every Minnesotan can be proud.
He served his Country during World War II, in the halls of
Congress, and as a distinguished member of the United States
Courts. He became one of Minnesota's most beloved citizens
and one of the great judges in the history of this Country.
Judge Devitt was born in St. Paul, Minnesota, on May 5,
1911. He started off in the Dayton's Bluff neighborhood,
where he attended Van Buren Elementary School with Warren
Burger and Harry Blackmun. These three giants of the federal
judiciary would be lifelong friend.
Judge Devitt came out to Western Minnesota when he was
still a youth, attending St. John's College Preparatory
School and St. John's University, in Collegeville. He
eventually earned his law degree and bachelor's degree--in
that order--from the University of North Dakota in Grand
Forks.
Judge Devitt developed his life-long passion for people,
politics, and the law in greater Minnesota. In 1935, these
characteristics led him to run for Municipal Judge in East
Grand Forks, Minnesota--a post to which he was elected even
before he had actually graduated from law school. Shortly
after his election, he was featured by Ripley's Believe It or
Not as the youngest judge in the Nation.
He left Minnesota during World War II to serve his Country
for more than three years as a Lieutenant Commander in the
United States Navy. He saw action in the Pacific Theater with
the Seventh Fleet, and he received the Purple Heart for
injuries sustained on December 11, 1944 in a Kamikaze attack
while on board the USS Caldwell during the Battle of the
Philippines.
Following the War, he returned to Minnesota and reentered
politics. In 1946, with the help of future Governor Elmer L.
Anderson and others, he was elected to represent the Fourth
Congressional District in the U.S. House of Representatives.
[[Page H5892]]
He went to Washington to serve in the 80th Congress, as
part of a star-studded freshman class made up of other World
War II veterans, including future presidents John F. Kennedy
and Richard M. Nixon--as well as his lifelong friend and
fellow St. Paul native, George MacKinnon, who later served as
a judge on the U.S. Court of Appeals for the District of
Columbia Circuit.
Judge Devitt was popular among his colleagues in the House.
While he was clearly a natural and would likely have enjoyed
having a long career in Congress, that was not to be. As a
Republican, he was fated to vote in favor of the Taft-Hartley
Act. This was not a popular vote with the constituents in his
largely Democratic and Labor dominated district. He was
defeated by Eugene McCarthy in 1948 in what Judge MacKinnon
referred to as the ``Dewey landslide.''
While this was the end of his Congressional career, it was
not the end of his public life--far from it--this was just a
detour that would soon lead back to the judiciary.
In 1950, Governor Luther Youngdahl appointed Judge Devitt
to the Ramsey County Probate Court. He served well and was
subsequently elected by Ramsey County's voters to remain as
their probate judge.
Thereafter, in 1954, President Eisenhower appointed him to
the United States District Court for the District of
Minnesota. Judge Devitt would serve on the federal bench for
the next 38 years. During that time, he came to personify the
ideal for a federal district judge in this country.
Judge Devitt's reputation and renown as a federal trial
judge would grow to legendary status. He handled many of the
most notorious criminal cases and many of the most
complicated civil cases in the District's history. He also
was given more than his share of ``special assignments'' to
handle challenging cases from other jurisdictions.
As part of his judicial duties, Judge Devitt ``rode the
circuit,'' sitting in the federal courthouses located
throughout the State. When he would come to Fergus Fall, he
always stayed at the River Inn. He greatly enjoyed his
associations with the local bar and always looked forward to
seeing his many good friends in this part of Minnesota.
On one of those occasions when he sat in greater Minnesota,
Judge Devitt arrived in town only to realize he had forgotten
to bring his judicial robe. He was saved by the kindness of a
local state court judge who gave Judge Devitt one of his--and
this particular judge happened to favor blue robes. Judge
Devitt loved the blue robe, and he wore proudly many times in
the future.
His friend, Chief Justice Burger, said there wasn't ``any
member of the federal judiciary that would rank higher [than
Judge Devitt] in terms of pure professional qualifications
and performance.''
In 1959, he succeeded the great Gunnar H. Nordbye to become
the Chief Judge of this District. He served in that capacity
for 22 years (1959 to 1981). Just as he could fairly be
described as the ``judge from central casting'' in terms of
his appearance, he was likewise the ideal chief judge. He was
a leader in this District, and throughout the country,
pioneering innovations and new methods to enhance the
administration of justice in the federal courts.
His treatise on federal jury instructions became the
indispensible standard for federal courts around the nation.
He was also a leader in introducing the use of six person
juries in civil cases, which has now become so common place
today.
He served on and chaired numerous important committees for
the United States Judicial Conference. The substantive
breadth of these assignments reflect the breadth of his great
contributions to all aspects of the workings of the federal
judicial branch--spanning from court administration;
standards for admission to practice; geographic organization
of the courts; continuing education, research, and training
programs; and balancing the interests to a fair trial with
the freedom of the press.
To say that Judge Devitt was popular among his colleagues
on the bench would be a significant understatement. He was a
great friend and role model to countless judges, particularly
new judges. He regularly taught courses for new judges at the
Federal Judicial Center, beginning almost from the time he
himself was appointed to the federal bench. And, of course,
he published his Ten Commandments for the New Judge which are
still gospel today.
Judge Devitt took senior status in 1981, but he continued
to serve and work hard. In addition to his caseload in this
District, he also continued to receive special assignments to
handle significant cases from elsewhere. This work included
the assignment to preside in the trial of Walter Leroy Moody,
Jr., who was accused of killing federal Judge Robert Vance of
the Eleventh Circuit. The prosecutor in this case was future
FBI Director, Louis Freeh. The two became close friends and,
when Freeh was appointed to the federal bench, Judge Devitt
swore him in and later presented Judge Freeh with a blue robe
of his own.
While on senior status, he was also appointed to serve on
the important United States Foreign Intelligence Surveillance
Court.
In 1982, West Publishing established the prestigious Devitt
Award, which is presented annually to honor a federal judge
whose decisions that reflect wisdom, humanity, and a
commitment to the rule of law, and whose contributions have
improved the administration of justice and enhanced the role
of the federal courts in our society. The Devitt Award
continues to be presented by the American Judicature Society,
and is a most fitting tribute to its namesake whose life and
career embodied this criteria so well.
Judge Devitt continued to sit on cases until just very
shortly before he passed away on March 2, 1992. The loss of
this great man was sincerely felt throughout the Minnesota
and the Nation.
Today, Judge Devitt is still revered as the embodiment of
the classic and ideal federal district judge. He is also
still remembered fondly by so many people who were fortunate
enough to have known him and to have been touched by his many
kindnesses.
The naming of the United States Courthouse in Fergus Falls
would be a most fitting tribute to this great man, and a
well-deserved recognition for his extraordinary service and
contributions to this State and this Nation.
(Thomas H. Boyd is a Shareholder at Winthrop & Weinstine.
He is also a member of the Historical Society of the United
States Courts in the Eighth Circuit and currently serves as
the President of the Society's District of Minnesota Branch.
The Judges of the District of Minnesota greatly appreciate
Mr. Boyd preparing this tribute for Judge Devitt.)
Mr. BARLETTA. Mr. Speaker, I reserve the balance of my time.
Mr. CARSON of Indiana. Mr. Speaker, I yield back the balance of my
time.
Mr. BARLETTA. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Barletta) that the House suspend the
rules and pass the bill, H.R. 2251, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BARLETTA. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________