[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.

                          ____________________