George Sutherland citáty

George Sutherland foto
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George Sutherland

Datum narození: 25. březen 1862
Datum úmrtí: 18. červenec 1942

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George Alexander Sutherland was an English-born U.S. jurist and politician. One of four appointments to the Supreme Court by President Warren G. Harding, he served as an Associate Justice of the U.S. Supreme Court between 1922 and 1938. As a member of the Republican Party, he also represented Utah in both houses of Congress.

Born in Buckinghamshire, England, Sutherland and his family moved to Utah Territory in the 1860s. After attending the University of Michigan Law School, Sutherland established a legal practice in Provo, Utah and won election to the Utah State Senate. Sutherland won election to the United States House of Representatives in 1900 and to the United States Senate in 1905. In Congress, Sutherland supported several progressive policies but generally aligned with the party's conservative wing. He won re-election in 1911 but was defeated in the 1916 election by Democrat William H. King.

Harding successfully nominated Sutherland to the Supreme Court in 1922 to fill the vacancy caused by the retirement of Associate Justice John Hessin Clarke. Sutherland made up part of the "Four Horsemen", a group of conservative justices that often voted to strike down New Deal legislation. He retired from the Supreme Court in 1938, and was succeeded by Stanley Forman Reed. Sutherland wrote the Court's majority opinion in cases such as Village of Euclid, Ohio v. Ambler Realty Co., Powell v. Alabama, and U.S. v. Curtiss-Wright Export Corp..

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Citáty George Sutherland

„Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence. If that be true of men of intelligence, how much more true is it of the ignorant and illiterate, or those of feeble intellect.“

—  George Sutherland
Context: The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence. If that be true of men of intelligence, how much more true is it of the ignorant and illiterate, or those of feeble intellect. Powell v. Alabama, 287 U.S. 45, 53 (1932)

„For the saddest epitaph which can be carved in memory of a vanished liberty is that it was lost because its possessors failed to stretch forth a saving hand while yet there was time.“

—  George Sutherland
Context: Do the people of this land—in the providence of God, favored, as they sometimes boast, above all others in the plenitude of their liberties—desire to preserve those so carefully protected by the First Amendment: liberty of religious worship, freedom of speech and of the press, and the right as freemen peaceably to assemble and petition their government for a redress of grievances? If so, let them withstand all beginnings of encroachment. For the saddest epitaph which can be carved in memory of a vanished liberty is that it was lost because its possessors failed to stretch forth a saving hand while yet there was time. Associated Press v. National Labor Relations Board, 301 U.S. 103, 141 (1937) (dissenting)

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