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'''William Irwin Grubb''' (born [[March 8]], [[1862]] in Cincinnati, Ohio; died [[October 27]], [[1935]] in [[Birmingham]]) served as a Judge on the [[United States District Court for the Northern District of Alabama]] from [[1909]] to [[1935]]. He is noted for having struck down several provisions of President Franklin Roosevelt's "New Deal" program and for his support for national [[prohibition]].
'''William Irwin Grubb''' (born [[March 8]], [[1862]] in Cincinnati, Ohio; died [[October 27]], [[1935]] in [[Birmingham]]) served as a Judge on the [[United States District Court for the Northern District of Alabama]] from [[1909]] to [[1935]]. He is noted for having struck down components of President Franklin Roosevelt's "New Deal" programs and for his support for national [[prohibition]].


Grubb was was the son of John Grubb and Sidney Irwin who owned a grocery store in Cincinnati. His father's family had immigrated to Delaware from Cornwall in the late 1600s and the family was related to President Benjamin Harrison.
Grubb was was the son of John Grubb and Sidney Irwin who owned a grocery store in Cincinnati. His father's family had immigrated to Delaware from Cornwall in the late 1600s and his mother's family, of Irish ancestry, was related to Presidents William Harrison and Benjamin Harrison.


William earned his bachelor of arts at Yale University in [[1883]], where he shared a room with Horace Taft, younger brother of future president William Howard Taft. He relocated to [[Birmingham]] to practice law. He and [[Walker Percy Sr|Walker Percy]] kept offices in the [[Potter Building]] in [[1902]]. Grubb joined the firm of [[Bradley Arant Boult Cummings|Walker, Tillman, Campbell & Morrow]] as a partner in [[1904]]. He married the former Alice Virgo in [[1906]].
William earned his bachelor of arts at Yale University in [[1883]], where he shared a room with Horace Taft, younger brother of future president William Howard Taft. He completed a professional degree at the Cincinnati Law School and was admitted to the Ohio Bar in [[1994]]. He took a job as a stenographer for the [[Kansas City, Memphis & Birmingham Railroad]], and relocated to [[Birmingham]] to pursue his career in [[1887]]. Grubb and [[John Walker Percy|Walker Percy]] kept offices in the [[Potter Building]] in [[1902]]. Grubb joined the firm of [[Bradley Arant Boult Cummings|Walker, Tillman, Campbell & Morrow]] as a partner in [[1904]]. He married the former Alice Claire Vigo on [[June 8]], [[1906]].


After [[Oscar Hundley]] pre-emptively resigned from the court rather than face contentious re-nomination hearings in the U.S. Senate in [[1909]], President Taft appointed Grubb to fill the vacant seat. He was confirmed by the Senate on [[May 18]] and commissioned the same day. Grubb became known immediately for his relentless work ethic and was called three times to New York City to help clear backlogged district court cases there.
After [[Oscar Hundley]] pre-emptively resigned from the court rather than face contentious re-nomination hearings in the U.S. Senate in [[1909]], President Taft appointed Grubb to fill the vacant seat. He was confirmed by the Senate on [[May 18]] and commissioned the same day. Grubb became known immediately for his relentless work ethic and was called three times to New York City to help clear backlogged district court cases there.


<!--In 1929, President Hoover appointed Grubb to the [[Wickersham Commission]] in response to the crime wave and lingering questions about the effectiveness of Prohibition.  Judge Grubb believed that Prohibition should be given a further trial.  He stated that. "If proper enforcement and observance are not had, within a reasonable period or if a better system is shown to exist, it will be time enough to abandon Prohibition and to adopt the better substitute." The irony is that Grubb's grandfather was a whiskey distiller.  
Between [[1918]] and [[1921]] Grubb appointed his former partner, [[Lee Bradley]], to serve as receiver for the assets of the [[Birmingham Railway, Light & Power Company]], for which the [[Birmingham Electric Company]] was organized.


During the New Deal, Judge Grubb struck down key pieces of President Roosevelt's legislation.  William E. Bulcher, an Alabama saw mill owner, was indicted by a Federal grand jury in August 1934 for violations of the NRA after earlier agreeing to comply.  Lawyers for the NRA decided that the Bulcher case was ideal to test the NRA and knew that Judge Grubb questioned the NRA's constitutionality. In October, Grubb signed the demurrer dismissing the indictment and declared the NRA unconstitutional. Under the Criminal Appeals Act of 1907, this sent the matter directly to the Supreme Court.  However, the NRA's lawyers decided that the timing was bad because the NRA required new enabling legislation in June 1935, and dropped the indictment when Bulcher agreed to settle.
President Herbert Hoover appointed Grubb to the National Committee on Law Observance and Law Enforcement (the "Wickersham Commission") in [[1929]] to study the effects of national prohibition. He argued that organized crime and other ill effects could be combated by means other than repeal of the amendment. During the [[Great Depression]], Grubb dismissed an indictment against sawmill owner William Bulcher who was charged with violating a contract with the National Recovery Agency and held the agency itself to be unconstitutional. The original case was appealed to the Supreme Court, but NRA lawyers reached a settlement with Bulcher rather than pursue the case.


In December 1934, Grubb ruled in [[Ashwander v. Tennessee Valley Authority]] that the government had no right to engage in the power business except to dispose of a surplus incidental to the exercise of some other Constitutional function.  While he avoided declaring the TVA unconstitutional, he issued an injunction restraining the Tennessee Valley Authority.  Senator [[George Norris]], prime sponsor of the New Deal's power program, declared: "The effect of the injunction is practically to nullify the whole TVA Act." <ref name=time1>{{cite news |first= |last= |coauthors= |title=Business & Finance: Grubb on Surplus |work=Time Magazine |page= |date= March 4, 1935|accessdate= |quote= |url= }}</ref>  In July 1935, Judge Grubb's decision was overturned by the 5th Federal Circuit Court in New Orleans.<ref name=time3>{{cite news |first= |last= |coauthors= |title=Judiciary: Curses & Blessings |work=Time Magazine |page= |date= July 29, 1935|accessdate= |quote= |url= }}</ref> When the case reached the Supreme Court, Chief Justice [[Charles Evans Hughes]] wrote that the TVA was constitutional, giving President Roosevelt a major victory. In a concurring opinion, Justice [[Louis Brandeis]] first elaborated his doctrine of [[Constitutional avoidance]] that the court should limit its review of constitutional questions to cases where necessary to reach a decision. Brandeis concluded that constitutional review was not necessary in this case because Ashwander had not been injured and as a result did not have standing to sue.  
In December [[1934]] Grubb ruled in "Ashwander v. Tennessee Valley Authority" that the United States could not compete with private electrical utilities and issued an injunction against the TVA. That decision was overturned by the United States Court of Appeals for the Fifth Circuit, and their ruling in favor of the TVA was upheld by the U.S. Supreme Court.


Before the Supreme Court announced the Ashwander decision, Judge Grubb retired and was awarded an honorary doctorate in laws by Yale. He died of a heart attack while preparing to leave home for church with his wife. -->
Grubb died at home in Birmingham just prior to the Supreme Court's decision in Ashwander v. TVA. He suffered a heart attack on a Sunday morning before attending services at [[St Paul's Catholic Church]]. He was survived by his wife, Alice, and three children: [[Kathrine Idol|Kathrine]], [[Archibald Grubb|Archibald]], and [[William Grubb Jr|William Jr]]. Grubb was buried at [[Elmwood Cemetery]].


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== References ==
== References ==
*  
* Owen, Thomas M. (1912) ''Alabama Official and Statistical Register: 1911''. Alabama Department of Archives and History, p. 206
* "William Irwin Grubb, B.A. 1883." obituary (October 15, 1936) ''Yale Bulletin'', No. 95, p. 29
* "[http://en.wikipedia.org/w/index.php?title=William_Irwin_Grubb William Irwin Grubb]" (October 9, 2016) Wikipedia - accessed November 2, 2016


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[[Category:Attorneys]]
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[[Category:Federal judges]]
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[[Category:Heart attack victims]]
[[Category:Elmwood burials]]

Latest revision as of 18:15, 24 February 2023

William Irwin Grubb (born March 8, 1862 in Cincinnati, Ohio; died October 27, 1935 in Birmingham) served as a Judge on the United States District Court for the Northern District of Alabama from 1909 to 1935. He is noted for having struck down components of President Franklin Roosevelt's "New Deal" programs and for his support for national prohibition.

Grubb was was the son of John Grubb and Sidney Irwin who owned a grocery store in Cincinnati. His father's family had immigrated to Delaware from Cornwall in the late 1600s and his mother's family, of Irish ancestry, was related to Presidents William Harrison and Benjamin Harrison.

William earned his bachelor of arts at Yale University in 1883, where he shared a room with Horace Taft, younger brother of future president William Howard Taft. He completed a professional degree at the Cincinnati Law School and was admitted to the Ohio Bar in 1994. He took a job as a stenographer for the Kansas City, Memphis & Birmingham Railroad, and relocated to Birmingham to pursue his career in 1887. Grubb and Walker Percy kept offices in the Potter Building in 1902. Grubb joined the firm of Walker, Tillman, Campbell & Morrow as a partner in 1904. He married the former Alice Claire Vigo on June 8, 1906.

After Oscar Hundley pre-emptively resigned from the court rather than face contentious re-nomination hearings in the U.S. Senate in 1909, President Taft appointed Grubb to fill the vacant seat. He was confirmed by the Senate on May 18 and commissioned the same day. Grubb became known immediately for his relentless work ethic and was called three times to New York City to help clear backlogged district court cases there.

Between 1918 and 1921 Grubb appointed his former partner, Lee Bradley, to serve as receiver for the assets of the Birmingham Railway, Light & Power Company, for which the Birmingham Electric Company was organized.

President Herbert Hoover appointed Grubb to the National Committee on Law Observance and Law Enforcement (the "Wickersham Commission") in 1929 to study the effects of national prohibition. He argued that organized crime and other ill effects could be combated by means other than repeal of the amendment. During the Great Depression, Grubb dismissed an indictment against sawmill owner William Bulcher who was charged with violating a contract with the National Recovery Agency and held the agency itself to be unconstitutional. The original case was appealed to the Supreme Court, but NRA lawyers reached a settlement with Bulcher rather than pursue the case.

In December 1934 Grubb ruled in "Ashwander v. Tennessee Valley Authority" that the United States could not compete with private electrical utilities and issued an injunction against the TVA. That decision was overturned by the United States Court of Appeals for the Fifth Circuit, and their ruling in favor of the TVA was upheld by the U.S. Supreme Court.

Grubb died at home in Birmingham just prior to the Supreme Court's decision in Ashwander v. TVA. He suffered a heart attack on a Sunday morning before attending services at St Paul's Catholic Church. He was survived by his wife, Alice, and three children: Kathrine, Archibald, and William Jr. Grubb was buried at Elmwood Cemetery.

Preceded by:
Oscar Hundley 		Judge of the United States District Court for the Northern District of Alabama
1909-1935 		Succeeded by:
David Davis

References

  • Owen, Thomas M. (1912) Alabama Official and Statistical Register: 1911. Alabama Department of Archives and History, p. 206
  • "William Irwin Grubb, B.A. 1883." obituary (October 15, 1936) Yale Bulletin, No. 95, p. 29
  • "William Irwin Grubb" (October 9, 2016) Wikipedia - accessed November 2, 2016
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