Let 'em Holler - A Political Biography of J. Bracken Lee

McCarthyism and Justice Wolfe

14 McCarthyism and Justice Wolfe With the help of J. Bracken Lee the wave of McCarthyism claimed as a victim James H. Wolfe, chief justice of the Utah State Supreme Court. A member of the court since 1935, he had been chief justice during 1943-45 and succeeded to the post again in 1951. In February 1953 he was criticized by Counter­attack, a conservative publication purporting to combat com­munism. The publication accused Wolfe of a "fifteen-year front record" based on the following information: He had written to President Eisenhower urging the commutation of the death sen­tences of Julius and Ethel Rosenberg. During the time of the Nazi-Soviet nonaggression pact, Wolfe allegedly condemned the "war hysteria" of FDR and defended the Communist party vet­erans of the Abraham Lincoln Brigade. In 1942 he wrote to President Roosevelt urging the release of Communist party leader Earl Browder who was in prison for passport fraud. Allegedly, he supported "such obvious fronts as the Civil Rights Congress, the National Council of Arts, Sciences and Professions, and the National Conferences on American Policy in China and the Far East."1 In short, Wolfe was thought to be "one of the most prominent 'peace' fronters in the U.S.," allying himself to various peace organizations suspected of Communist ties. He was accused of signing a statement denouncing the prosecution of U.S. politburo members under the Smith Act and was written up in the Daily Worker with the headline, "Chief Justice of Utah Rips Trial of '12.'" He was criticized for denouncing the anti-Communist film "The Iron Curtain," based on exposure of a Canadian atomic espionage ring, and for sponsoring a 1951 testimonial dinner for W. E. B. Du Bois, prominent Black historian, who was accused of having Communist ties. Finally, Wolfe "plugged the 171 J . BRACKEN LEE party's line on a truce in Korea" by signing a letter to Truman urging him to bring the war to an end "at the height of Moscow's 'cease fire' propaganda offensive in the summer of 1951."2 Many conservative people took the advice of Counterattack and wrote to Governor Lee to complain about a "Communist front man" as chief justice. Even George Romney, ostensibly a moderate Republican, became involved. Romney, then vice-president of Nash-Kelvinator, told Lee that a number of people had called his attention "to the communist front record of Chief Justice James H. Wolfe." As a former Utahan, it is increditable that the Chief Justice of the Utah Supreme Court should have a record of extensive support and endorsement of communistic activities. According to the information others have brought to my attention, he has intervened in the Rosenberg case, supported the Stalin-Hitler pact, criticized the trial of the twelve commu­nistic leaders, denounced anti-communist films and plugged the party's line of a truce in Korea.3 It is not difficult to tell that Romney was a reader of Counter­attack and had become caught up in the spirit of the witch hunt. Happily, a few of the publication's readers decided to write Wolfe directly, instead of the governor, and ask if the charges were true. Wolfe replied candidly concerning the charges, admit­ting, for instance, that he wrote to Eisenhower requesting clem­ency for the Rosenbergs; but he defended it as a right of an American citizen. He said he had joined a petition for the release of Earl Browder because he had served an unusually long time for passport fraud. Wolfe claimed no knowledge of some of the charges. He could not recall ever seeing a copy of the Daily Worker and was astonished that an "invented" story would be devoted to him.4 He declared that he had not given authorization for use of his name or position. Finally, he asserted categorically that he was not a Communist, had never been a Communist, and was not a sympathizer: "In fact, I am very much opposed to it." He suspected that the purpose of the campaign against him was to frighten people from joining any organization designed to protect civil liberties or promote peace.5 172 MC CARTHYISM AND JUSTICE WOLFE The famous House Un-American Activities Committee held a file on Wolfe listing the supposed front organizations with which he had been associated.0 Governor Lee made a point of obtaining a copy of that file. Reacting to the information it con­tained, he wrote the president of the Utah State Senate, enclosed copies of the file from the House committee as well as copies of Counterattack, and requested an investigation. He also referred to complaints that Justice Wolfe was not a "bonafide resident of Utah" and spent only a minimum amount of time in the state.7 Incensed, Wolfe immediately requested that the governor retain the "considerable mail," which, Lee claimed, had caused him to take action, "with the stamped date of receipt" in case it should become important to the investigation. Showing his legal mind at its best, Wolfe requested the date, "if not the exact hour" in which Lee provided the local newspapers with the information contained in Counterattack* To the press, Wolfe asserted that no one could prove him a sympathizer-"all they can do is to try to blacken and smear me." Although he freely admitted that he had always been a "liberal," he claimed never to have had anything to do with communism and hence had no fear of the investigation. As to his residency, Wolfe accused the governor of being out of the state more than he and said that his wife had inherited a fruit ranch in California, requiring her to spend a great deal of time there during the planting season. However, he emphasized that she was "merely a sojourner in California" and paid taxes in Utah, as he himself did. He denied that he had ever been out of the state for more than ninety days at a time but justified his right to do some of his work in California.9 At the conclusion of the investigation, conducted by a special committee of the House of Representatives, a report was sub­mitted to the governor. The committee addressed itself first to the matter of residence, noting that Utah law provided that any judicial officer absent for more than ninety days automatically forfeited his office. However, they found no evidence that Wolfe had been absent for such a period, nor that he was not a legal resident of the state. More significant, the report stated: 173 J . BRACKEN LEE Second, the evidence further indicates that Chief Justice Wolfe is not a communist and has never been a communist and that he is not a communist sympathizer and that he has never been a communist sympathizer.10 With regard to the use of his name by certain organizations, the report quoted Wolfe at a public hearing conducted by the com­mittee: "I should have perhaps been more cautious and prudent in permitting the use of my name." He realized that a chief justice should be more cautious "than the ordinary person" in permitting the use of his name and that some organizations did "use names beyond the purview for which they were authorized." Satisfied with the results, the committee recommended that no further action be taken.11 It was an encouraging victory for Wolfe in light of the destruction of reputations throughout the country. Unquestion­ably, the legislature acted fairly and prudently in a highly emo­tional climate. Ostensibly, Lee considered the matter closed, and yet he subsequently monitored Wolfe's activities very closely. Unfortunately, before the end of the year, Wolfe became ill, necessitating a leave of absence from his official duties, finally totaling 122 days in convalescence. Disturbed at the lengthy absence, Lee began pressing Wolfe for a resignation, reminding him that at the onset of his illness he had announced an intention to resign. Lee extended the leave of absence for an additional thirty days, for which Wolfe was grateful, to provide time for him to make a decision. Wolfe insisted that he had not promised resignation but only expressed an "intention," based on his health and his ability to complete his work in the present term. He objected to Lee's implication to the public that he had been insincere in discussing resignation.12 Wolfe claimed that he had not been totally inactive during his lengthy leave: "A judge of the Appellate Court, differing from a trial judge, may take the record of the case out of the State and do his research there." He reminded Lee that Chief Justice Cherry had recovered from a prolonged illness in Ari­zona, and Judge Frick had recuperated from a severe illness in California. Wolfe was also disturbed by Lee's inference that 174 MCCARTHYISM AND JUSTICE WOLFE other members of the court were carrying his burden in his absence. He argued that thirty years in service of the state should entitle him to a period of recovery and claimed that he had gladly carried the workload of others in times of illness or stress.13 The thirty-day extension was not adequate for recovery, and Wolfe formally resigned on March 6, 1954, when he was almost seventy years old. Although he had made "considerable recov­ery," he still lacked the strength to do the demanding work of the chief justice, and thus he was advised by physicians to retire. He expressed high admiration for others who had served with him in the judiciary but purposely omitted any expression of gratitude to the governor.14 Likewise, Lee tersely accepted the letter of resignation, saying nothing about Wolfe's long service to the state.1" Wolfe recovered from the episode remarkably well, consider­ing the blacklists of the 1950s, but the incident was nothing in which Utahns could take pride. Although the legislative commit­tee fully exonerated Wolfe, Lee seemed unable to forgive him and the matter cast a shadow over the career of the chief justice, ft is impossible to know to what extent, if any, his illness was precipitated by the embarrassing charges and subsequent investi­gation. The episode demonstrated how deeply Utahns were mired in McCarthyism and how fervently the governor sub­scribed to anti-Communist hysteria. Utah was not immune to the witch hunts. 175 J. BRACKEN LEE Counterattack, Facts to Combat Communism (New York), February 27, 1953, p. 2. 2Ibid. 3George Romney to Lee, March 17, 1953, Lee Gubernatorial Papers. Romney was executive vice-president, Nash-Kelvinator (later American Motors), Detroit. Eventually he became president of the corporation and then governor of Michigan. 4James H. Wolfe to George E. Stringfellow, East Orange, N.J., March 9, 1953, Lee Gubernatorial Papers. 5Ibid. 6U.S., Congress, House, Un-American Activities Committee, copy of file dated February 11, 1953, concerning James H. Wolfe, Lee Gubernatorial Papers. 7Lee to Mark Paxton, president, Utah State Senate, March 7, 1953, ibid. 8Wolfe to Lee, March 9, 1953, ibid. ^Deseret News, March 9, 1953. 10Utah, Legislature, House, Report of Special Committee Concerning Chief Justice James H. Wolfe, March 12, 1953, Lee Gubernatorial Papers. The com­mittee included Ralph Sheffield (R-Salt Lake), chairman, Clair R. Hopkins, Richard C. Howe, Wayne C. Durham, Wendell Grover, Orville Gunther, Haven J. Barlow, L. Frank Redd, W. G. Larson, G. Douglas Taylor, and William E. Anderson. "Ibid. 12Wolfe to Lee, February 6, 1954, Lee Gubernatorial Papers. 13Ibid. 14Wolfe to Lee, March 6, 1954, Lee Gubernatorial Papers. 15Lee to Wolfe, March 11, 1954, ibid. Lee's notation on the letter from Wolfe said, "I suppose we should reply in some way." Lee later claimed that the Communist sympathizer charges had nothing to do with his seeking an investigation of Wolfe. Rather, he was concerned solely with Wolfe's absences from court and from Utah: "Every 90 days he'd come back. He wasn't doin' a thing! He'd stay a couple of days and go back to California." Lee said Wolfe offered to resign if he could name his own replacement. Lee said he would gladly accept several names as recommendations but that he would insist on actually naming Wolfe's replacement. Wolfe did not resign after that discus­sion. Lee interview. 176