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Mahlon R. Pitney IV (February 5, 1858 – December 9, 1924) was an American lawyer, jurist, and
politician A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking, a ...
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 An associate justice of the Supreme Court of the United States is any member 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 Judiciary Act of ...
from 1912 to 1922.


Early life and education

The American Pitney family dates back to 1720 when two Scots—Johnathan and James Pitney—settled the Pitney farm in
Mendham Township, New Jersey Mendham Township is a township in Morris County, in the central portion of northern New Jersey, United States, located more than due west of New York City. As of the 2010 United States Census, the township's population was 5,869, reflecting a ...
. 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 a major war of the American Revolution. Widely considered as the war that secured the independence of ...
alongside
General George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of th ...
. Mahlon Pitney IV was born in
Morristown Morristown may refer to: Places Canada *Morristown, Nova Scotia (disambiguation) United States * Morristown, Arizona *Morristown, Indiana ** Morristown station (Indiana) *Morristown, Minnesota ** Morristown Township, Rice County, Minnesota *Morris ...
, 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 research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the n ...
, where he was a classmate of
Woodrow Wilson Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was an American politician and academic who served as the 28th president of the United States from 1913 to 1921. A member of the Democratic Party, Wilson served as the president of P ...
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, South East 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 south-east 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, best known for playing the title character in the film ''Superman (1978 film), Superman'' (1978) and three sequels. Born in New York City and raised in P ...
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

In 1894, Pitney ran for the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together the ...
. He defeated one-term incumbent Johnston Cornish for the seat from New Jersey's 4th congressional district, and he 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. 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 was established as 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, ...
. Pitney was victorious in this 1889 race. In the legislature, he took on the role of party floor leader; after the 1900 election swayed body control to the Republicans, Pitney became Senate President.


Judicial career

Despite Pitney’s desire to become the state’s chief executive, Governor
Foster M. Voorhees Foster McGowan Voorhees (November 5, 1856 – June 14, 1927) was an American Republican Party politician, who served as the 30th governor of New Jersey from 1899 to 1902. Biography Voorhees represented Union County in the New Jersey Senate from ...
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 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 challenging t ...
, 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 Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
, 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) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...
on February 19, 1912 to be an associate justice of the Supreme Court of the United States, 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 U.S. Supreme Court from 1877 until his death in 1911. He is often called "The Great Dissenter" due to his ...
. He was confirmed by the
U.S. Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...
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 Substantive due process is a principle in United States constitutional law that allows courts to establish and protect certain fundamental rights from government interference, even if only procedural protections are present or the rights are unen ...
. 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 A yellow-dog contract (a yellow-dog clause of a contract, also known as an ironclad oath) is an agreement between an employer and an employee in which the employee agrees, as a condition of employment, not to be a member of a labor union. In th ...
, the court stated that police power could not be legitimately utilized 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. It was passed by United States Congress, Congress and is named for Senator John Sherman, i ...
. 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 Leo Max Frank (April 17, 1884August 17, 1915) was an American factory superintendent who was convicted in 1913 of the murder of a 13-year-old employee, Mary Phagan, in Atlanta, Georgia. His trial, conviction, and appeals attracted national at ...
, 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. Alongside Willis Van Devanter, Pitney was one of only two Supreme Court Justices nominated by President Taft who also later served during Taft's tenure as chief justice.


Death and legacy

Pitney died in 1924 in Washington, D.C., and was interred at Evergreen Cemetery, in
Morristown, New Jersey Morristown () is a town and the county seat of Morris County, in the U.S. state of New Jersey. When asked which twentieth-century Supreme Court justice "has done the most to protect the core Constitutional values,"
Richard Epstein Richard Allen Epstein (born April 17, 1943) is an American legal scholar known for his writings on torts, contracts, property rights, law and economics, classical liberalism, and libertarianism. He is the Laurence A. Tisch Professor of Law at ...
cited Justice Pitney, calling him "a great justice" and "the only consistent near-libertarian on the Supreme Court."Law Talk Episode 37: Recess Appointments 2/3/2013
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References


External links


Oyez.com biography for Mahlon PitneyFacts 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 American political figures and political families, along with other information. The name comes from the website's inclusion of burial locations ...
* , - , - {{DEFAULTSORT:Pitney, Mahlon 1858 births 1924 deaths 20th-century American judges American Presbyterians Burials at Evergreen Cemetery (Morristown, New Jersey) Republican Party New Jersey state senators Justices of the Supreme Court of New Jersey People 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