Irwin Untermyer
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Irwin Untermyer (February 2, 1886 – October 18, 1973) was an American attorney,
jurist A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal prac ...
, and civic leader most notable for his work in New York City. He was the son of Samuel Untermyer, another notable New York attorney who is best remembered for his opposition to
Adolf Hitler Adolf Hitler (20 April 1889 – 30 April 1945) was an Austrian-born German politician who was the dictator of Nazi Germany from 1933 until Death of Adolf Hitler, his suicide in 1945. Adolf Hitler's rise to power, He rose to power as the lea ...
and for creating Untermyer Park and Gardens, "America's Greatest Forgotten Garden" in
Yonkers Yonkers () is the List of municipalities in New York, third-most populous city in the U.S. state of New York (state), New York and the most-populous City (New York), city in Westchester County, New York, Westchester County. A centrally locate ...
,
New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
. Irwin was also the father of Samuel Untermyer II, a notable nuclear scientist.


Legal career

Irwin Untermyer graduated from
Columbia University Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...
in 1907 and
Columbia Law School Columbia Law School (CLS) is the Law school in the United States, law school of Columbia University, a Private university, private Ivy League university in New York City. The school was founded in 1858 as the Columbia College Law School. The un ...
in 1910. Following graduation, Untermyer proceeded to his father's law firm, Guggenheimer, Untermyer & Marshall, where he became partner. "It has rarely fallen to the lot of those elected to the bench to have enjoyed the rich experience of Mr. Untermyer," wrote
Louis Marshall Louis Marshall (December 14, 1856 – September 11, 1929) was an American corporate, constitutional and civil rights lawyer as well as a mediator and Jewish community leader who worked to secure religious, political, and cultural freedom for ...
in ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
''. Along with his father, Untermyer also served as volunteer special counsel for the city's Transit Commission. As a result, he had to make oral arguments before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
in ''Gilchrist v. Interborough Rapid Transit Company''. The
Interborough Rapid Transit Company The Interborough Rapid Transit Company (IRT) was the private operator of New York City's original underground subway line that opened in 1904, as well as earlier elevated railways and additional rapid transit lines in New York City. The IRT ...
wanted to raise the
New York City Subway The New York City Subway is a rapid transit system in New York City serving the New York City boroughs, boroughs of Manhattan, Brooklyn, Queens, and the Bronx. It is owned by the government of New York City and leased to the New York City Tr ...
's five-cent fare, and the city was suing to prevent that. Irwin's father was originally scheduled to represent the city, but when he fell ill Irwin argued before Chief Justice Taft and his fellow justices for nearly two hours. "There were only three interruptions, two of them being requests for page numbers in the brief", ''The New York Times'' wrote. The Court held in favor of the City. "I am very happy to hear of the decision", then-Congressman
Fiorello La Guardia Fiorello Henry La Guardia (born Fiorello Raffaele Enrico La Guardia; December 11, 1882September 20, 1947) was an American attorney and politician who represented New York in the U.S. House of Representatives and served as the 99th mayor of New Yo ...
stated, calling Untermyer's argument a "splendid and merited rebuke to the judges who lost their heads in New York and signed the order." Among the judges who had “lost their heads” was the notorious Martin T. Manton, who was ultimately revealed to have accepted bribes (in the form of “loans”) from those interested in the case. A decade later, Manton would be forced to resign his position and was ultimately convicted of conspiracy for his wide-ranging pattern of corruption. Untermyer was elected to the
New York Supreme Court The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...
, the
trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...
of
New York state New York, also called New York State, is a state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and ...
, in 1929 with the backing of
Tammany Hall Tammany Hall, also known as the Society of St. Tammany, the Sons of St. Tammany, or the Columbian Order, was an American political organization founded in 1786 and incorporated on May 12, 1789, as the Tammany Society. It became the main local ...
mayor
Jimmy Walker James John Walker (June 19, 1881November 18, 1946), known colloquially as Jimmy Walker and Beau James, was an American attorney, lyricist, and Democratic Party politician who served as the 97th mayor of New York City from 1926 until his resign ...
. In 1933, Governor Herbert H. Lehman designated Untermyer as a justice of the Appellate Division of the New York Supreme Court, First Judicial Department, where he served alongside Justices that included Roy Cohn’s father Albert until Untermyer's retirement in August 1945. Although long active in Democratic Party politics, Untermyer received the endorsement of all political parties during his reelection bid in 1943.


Metropolitan Museum of Art

Though he followed in his father
Samuel Samuel is a figure who, in the narratives of the Hebrew Bible, plays a key role in the transition from the biblical judges to the United Kingdom of Israel under Saul, and again in the monarchy's transition from Saul to David. He is venera ...
's legal footsteps, Irwin did not share his father's passion for promoting public horticulture at Untermyer Park in
Westchester County, New York Westchester County is a County (United States), county located in the southeastern portion of the U.S. state of New York (state), New York, bordering the Long Island Sound and the Byram River to its east and the Hudson River on its west. The c ...
. "Mr. Untermyer’s sons, Alvin Untermyer and Judge Irwin Untermyer, have not inherited their father’s costly passion for home-grown orchid boutonnieres, hothouse figs, nectarines, etc," wrote ''
The New Yorker ''The New Yorker'' is an American magazine featuring journalism, commentary, criticism, essays, fiction, satire, cartoons, and poetry. It was founded on February 21, 1925, by Harold Ross and his wife Jane Grant, a reporter for ''The New York T ...
'' in 1940. Instead, Untermyer became known as an avid collector and promoter of art and antiquities. Untermyer donated extensively to the
Metropolitan Museum of Art The Metropolitan Museum of Art, colloquially referred to as the Met, is an Encyclopedic museum, encyclopedic art museum in New York City. By floor area, it is the List of largest museums, third-largest museum in the world and the List of larg ...
in New York City and maintained a lifelong association with the museum. He served on the Board of Trustees for 20 years, and bequeathed over 2,000 pieces from his collection upon his death. Pieces donated by Untermyer constitute "one of the world's great private collections" and are on permanent display in the museum. Untermyer's collection in the Metropolitan Museum is mentioned in E. L. Konigsburg's 1967 book '' From the Mixed-Up Files of Mrs. Basil E. Frankweiler''. While living at the Met, the Kincaid siblings sleep in an antique four-poster bed from the Irwin Untermyer collection. "I once considered donating he museummy bed," says the book's narrator, Mrs. Frankweiler, "but Mr. Untermyer gave them this one first."


Private life

Untermyer married Louise A. Feuchtwanger on February 15, 1912, at the St. Regis New York. The couple had three children, Joan Untermyer Erdmann, Samuel Untermyer II, and Frank Untermyer. Irwin Untermyer died on October 18, 1973, at the age of 87. He is interred at the Untermyer Family Plot at Woodlawn Cemetery in
the Bronx The Bronx ( ) is the northernmost of the five Boroughs of New York City, boroughs of New York City, coextensive with Bronx County, in the U.S. state of New York (state), New York. It shares a land border with Westchester County, New York, West ...
, which features extensive bronzework by Gertrude Vanderbilt Whitney.


References

{{DEFAULTSORT:Untermyer, Irwin 1886 births 1973 deaths New York Supreme Court justices New York (state) Democrats 20th-century American jurists American people of German-Jewish descent American art collectors Jewish art collectors Columbia Law School alumni Burials at Woodlawn Cemetery (Bronx, New York) Columbia College (New York) alumni 20th-century New York state court judges New York Supreme Court, Appellate Division, First Department justices American Jews American lawyers