Mahlon R. Pitney IV (February 5, 1858 – December 9, 1924) was an American lawyer, jurist, and politician who served in the
U.S. House of Representatives for two terms from 1895 to 1899. He later served as an
associate justice of the U.S. Supreme Court from 1912 to 1922.
Early life and education
Pitney was born on February 5, 1858, in
Morristown, New Jersey
Morristown () is a Town (New Jersey), town in and the county seat of Morris County, New Jersey, Morris County, in the U.S. state of New Jersey. . The American Pitney family dates back to 1720 when two Scots—Johnathan and James Pitney—settled the Pitney farm in
Mendham Township, New Jersey. James's son, Mahlon Pitney, fought in the
American Revolutionary War
The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was the armed conflict that comprised the final eight years of the broader American Revolution, in which Am ...
alongside
George Washington
George Washington (, 1799) was a Founding Fathers of the United States, Founding Father and the first president of the United States, serving from 1789 to 1797. As commander of the Continental Army, Washington led Patriot (American Revoluti ...
. Mahlon Pitney IV was born in
Morristown, the son of Sarah Louise (née Halsted) and Henry Cooper Pitney. He attended the College of New Jersey (now
Princeton University
Princeton University is a private university, private Ivy League research university in Princeton, New Jersey, United States. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial ...
) where he was a classmate of
Woodrow Wilson
Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was the 28th president of the United States, serving from 1913 to 1921. He was the only History of the Democratic Party (United States), Democrat to serve as president during the Prog ...
and served as manager of the campus baseball team. Upon graduation in 1879, he
read law at his father's practice. Pitney passed the bar exam in 1882 and set up a private practice in
Dover
Dover ( ) is a town and major ferry port in Kent, southeast England. It faces France across the Strait of Dover, the narrowest part of the English Channel at from Cap Gris Nez in France. It lies southeast of Canterbury and east of Maidstone. ...
, working for a time in partnership with his brother,
John Oliver Halstead Pitney.
He returned to Morristown in 1889 to assume control of his father's law firm, after Henry Pitney was appointed to a judgeship. Pitney married Florence Shelton in 1891. The couple had three children, and both of their sons attended Princeton University and later entered into the field of law. Pitney was the great-grandfather of actor
Christopher Reeve
Christopher D'Olier Reeve (September 25, 1952 – October 10, 2004) was an American actor, activist, director, and author. He amassed Christopher Reeve on stage and screen, several stage and screen credits in his 34-year career, including playin ...
on Reeve's mother's side, as well as his step great-grandfather on his father's side. Christopher Reeve's maternal grandmother was Beatrice Pitney, and his paternal grandmother married Mahlon Pitney IV.
Political career
Congress
In 1894, Pitney ran for the
United States House of Representatives
The United States House of Representatives is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Artic ...
. He defeated one-term incumbent
Johnston Cornish for the seat from
New Jersey's 4th congressional district, and was reelected to a second term two years later. Pitney served as chairman of the 1895 state Republican convention and pushed for the nomination of
John W. Griggs as party gubernatorial candidate. A rising star in state politics, Pitney aspired to be elected as governor.
State office
In order to further improve his local standing, he resigned from the House prior to the end of his second term and ran for election to the
New Jersey Senate
The New Jersey Senate is the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. There are 40 legislative districts, representing districts with an average population of 232,225 (2020 figure ...
; Pitney was victorious in this 1898 race. In the legislature, he took on the role of party floor leader and, after the 1900 election, swayed body control to the Republicans. Later, Pitney became Senate President.
Judicial career
Despite Pitney's desire to become the state's chief executive, Governor
Foster M. Voorhees supported a different candidate as his successor. In 1901 Voorhees offered Pitney a seat on the
New Jersey Supreme Court
The Supreme Court of New Jersey is the supreme court, highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases cha ...
, which rid Voorhees of a political rival while maintaining party unity. Seven years later, Pitney was elevated to the role of Chancellor of New Jersey, a unique judicial position under the state's 1844 constitution.
Supreme Court of the United States
Pitney was nominated by President
William Howard Taft
William Howard Taft (September 15, 1857March 8, 1930) served as the 27th president of the United States from 1909 to 1913 and the tenth chief justice of the United States from 1921 to 1930. He is the only person to have held both offices. ...
on February 19, 1912, to be an
associate justice of the Supreme Court of the United States
An associate justice of the Supreme Court of the United States is a Justice (title), justice of the Supreme Court of the United States, other than the chief justice of the United States. The number of associate justices is eight, as set by the J ...
,
to succeed
John Marshall Harlan
John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American lawyer and politician who served as an associate justice of the Supreme Court of the United States from 1877 until his death in 1911. He is often called "The Great Disse ...
. He was confirmed by the
U.S. Senate on March 13, 1912, by a 50–26 vote,
[ and was sworn into office on March 18, 1912.][ Although confirmed by a wide margin, the nomination was opposed by progressives. This hostility was particularly due to Pitney's decision while serving as chancellor in ''Jones Glass Co. v. Glass Bottle Blowers Association'', which limited the ability of unions to prevent their employers from using strikebreakers.
During his time on the court, Pitney developed a relatively conservative reputation and was an adherent of the judicial philosophy of ]substantive due process
due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Consti ...
. This belief was exemplified in his majority opinion in '' Coppage v. Kansas'', where, in ruling unconstitutional a Kansas statute banning anti-union yellow-dog contracts, the court stated that police power could not be legitimately used to ensure equality of bargaining power. Although distrustful of unions, Pitney also feared the rampant expansion of business and supported a broader use of the Sherman Antitrust Act
The Sherman Antitrust Act of 1890 (, ) is a United States antitrust law which prescribes the rule of free competition among those engaged in commerce and consequently prohibits unfair monopolies. It was passed by Congress and is named for S ...
.
Justice Pitney authored the majority opinion in '' New York Central Railroad Co. v. White'', in which the Court upheld a New York state workman's compensation law and laid the foundation for the expansion of these programs nationwide. He also wrote the controversial majority opinion in '' Frank v. Mangum'', which upheld the wrongful 1915 murder conviction of Leo Frank, a Jewish businessman, in Atlanta, Georgia, over the dissents of Justices Oliver Wendell Holmes and Charles Evans Hughes.
Pitney resigned from the court in 1922 after suffering a stroke
Stroke is a medical condition in which poor cerebral circulation, blood flow to a part of the brain causes cell death. There are two main types of stroke: brain ischemia, ischemic, due to lack of blood flow, and intracranial hemorrhage, hemor ...
. Alongside Willis Van Devanter
Willis Van Devanter (April 17, 1859 – February 8, 1941) was an American lawyer who served as an associate justice of the Supreme Court of the United States from 1911 to 1937. He was a staunch conservative and was regarded as a part of the Four ...
, Pitney was one of only two Supreme Court Justices nominated by President Taft who also later served with Taft during Taft's chief justiceship.
Death and legacy
Pitney died in 1924 in Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
, and was interred at Evergreen Cemetery, in Morristown, New Jersey.
When asked which twentieth-century Supreme Court justice "has done the most to protect the core Constitutional values," Richard Epstein cited Justice Pitney, calling him "a great justice" and "the only consistent near-libertarian on the Supreme Court." His daughter Beatrice Pitney Lamb was a writer on political topics, and the grandmother of actor Christopher Reeve
Christopher D'Olier Reeve (September 25, 1952 – October 10, 2004) was an American actor, activist, director, and author. He amassed Christopher Reeve on stage and screen, several stage and screen credits in his 34-year career, including playin ...
.
References
External links
Oyez.com biography for Mahlon Pitney
Facts on File biography for Mahlon Pitney
at The Political Graveyard
The Political Graveyard is a website and database that catalogues information on more than 277,000 Politics of the United States, American political figures and List of United States political families, political families, along with other informa ...
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{{DEFAULTSORT:Pitney, Mahlon
1858 births
1924 deaths
20th-century New Jersey state court judges
20th-century American lawyers
American Presbyterians
Burials at Evergreen Cemetery (Morristown, New Jersey)
Republican Party New Jersey state senators
Justices of the Supreme Court of New Jersey
Lawyers from Morristown, New Jersey
Politicians from Morris County, New Jersey
Presidents of the New Jersey Senate
Princeton University alumni
Republican Party members of the United States House of Representatives from New Jersey
United States federal judges appointed by William Howard Taft
Justices of the Supreme Court of the United States
American libertarians
19th-century American lawyers
Candidates in the 1907 United States elections
19th-century members of the United States House of Representatives
19th-century members of the New Jersey Legislature