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Originally Processed With FOIA(s): FOIA Number: S S FOIA MARKER This is not a textual record. This is used as an administrative marker by the George Bush Presidential Library Staff. Record Group/Collection: George H.W. Bush Presidential Records Collection/Office of Origin: Speechwriting, White House Office of Series: Speech File Backup Files Subseries: Chron File, 1989-1993 OA/ID Number: 13732 Folder ID Number: 13732-008 Folder Title: [David] Souter Swearing-in 10/8/90 [OA 6896] Stack: Row: Section: Shelf: Position: G 26 20 7 6 CAMP DAVID CAMP DAVID FAX COMM # 301-271-1366 TO: CHRIS WINSTON (SPECHITING) FROM: LCDR JUSTICE SUBJECT: SOUTER SPEECH No. of Pages to follow: 5 Reply Requested (Y/N)? - COMMENTS: PLEASEHOLD IN SITROOM FOR SPEAECH WRITER If you don't receive all copies, call 301-271-1400. OCT ( 90 13:24 PRGE 02 McNally/Simon Oct. 4, 1990 Draft Four (B:SOUTER) PRESIDENTIAL REMARKS: SWEARING-IN CEREMONY FOR JUSTICE SOUTER THE EAST ROOM MONDAY, OCTOBER 8, 1990, 5:00 P.M. Thank you, and good afternoon. Mr. Chief Justice, Members of the Court, ladies and gentlemen: Truly, it is a great honor to greet you at the White House, and in particular, to welcome the friends of this extraordinary judge to Washington. Today's ceremony is historic for many reasons. It is, of course, the first Supreme Court appointment of this presidency. But more importantly, it serves as another occasion to celebrate the 200 years of the Constitution of the United States, and the independent judiciary it launched. We meet on Columbus Day, birthdate of a modern hemisphere -- and an auspicious date for any new beginning. Elsewhere around the world, the origins of many countries are almost lost in time, their roots unclear or unknown. Not so in America. We know exactly where -- and exactly when - our modern history begins. But we often forget that, back in 1492, Christopher Columbus was searching not for a new world, but for a new way -- a passage to the riches of the Far East. (In fact, Columbus was so confident he carried a letter from Queen Isabella to be delivered to the Emperor of China. [TRUE] This marked history's first known case of mail getting lost on its way across America.) But if our modern history began with a search for earthly treasure, it was a search for something more elusive that actually gave birth to the United states. A search for freedom. OCT 7 '90 13:25 PAGE 03 2 A search for justice and self-government. A search that produced the Constitution of the United states. In ancient China, the word "wisdom" was formed by a combination of the ideograms for wind and lightning. Wind and lightning. Years before the American Revolution, Benjamin Franklin lofted a kits upon the wind and seized lightning from the sky. At age 81, he did it again. For four sweltering months in the summer of 1787, 55 delegates met in Philadelphia, debating a wonderful, audacious, unsettling idea. Washington called the Constitution "little short of a miracle." It was wisdom. Wind and lightning. A nation inventing itself. One of those 55 delegates was James Wilson, the son of a Scottish farmer, and the Pennsylvania lawyer who shared responsibility for writing the Constitution's first draft. A fervent advocate of the sovereignty of the people, Wilson fought for a strong national judiciary, and was one of the first to envision the principle of judicial review. Today, Wilson's idea stands as one of the cornerstones of our Republic -- and one of America's greatest gifts to the world. 111 Tomorrow morning, Justice David Souter -- sounds good, doesn't it? -- assumes a distinguished seat on the Supreme Court. It was first held by that very same James Wilson -- one of the five men that President George Washington first appointed to the Supreme Court in 1789. His successor was Bushrod Washington, a nephew of the President, soldier in the Revolutionary War, and founding member of one of the many organizations that has recog- PAGE 04 3 nized David Souter for his brilliant intellect -- Phi Beta Kappa. 34 years ago, this distinguished seat became open during the presidency of one of my personal heroes -- Dwight D. Eisenhower. And Ike filled that seat with & jurist who was to become one of the most personally beloved members of the Court: Justice William Brennan. And in marking this moment of transition, let me first -- on behalf of all Americans -- wish Justice Brennan a most pleasant and active retirement. 1111 Like his predecessor, Justice Souter comes to the Court with a distinguished record of judicial service. And T Am grateful that many of the fine judges with whom he has served are able to be with us today. During the recent hearings, Justice Souter clearly demon- strated the superb education, training, and experience that grace his record. But even more important, Justice Souter once again demonstrated his life-long devotion to principle -- a simple, strait-forward, and enduring principle -- a principle quite familiar to Justice James Wilson and the other Framers of the Constitution. And the principle is this: The role assigned judges in our system is to interpret the Constitution and lesser: laws -- not to make them. And on this issue or principle, I also want to congratulate learn the Judiciary Committee, and the full Senate, for the prompt and in faithful exercise of their own constitutional responsibilities. By abiding by cradition branot insisting that a nominee commit bimself to any preordained outchmes or formula- 4 tions you enabled Justice Souter to Bully inform the Senate as to his qualifications and general interpretive principles) while still abiding by the constraints needed to protect our tradition of an independent judiciary. It marks a victory for excellence over special interest politics, and let us hope it marks an and to litmus tests. Like many Americans, I was particularly moved by Justice at hishearings. Souter's opening comments, "The first lesson," he said, "simple as it is, is that whatever court we are in, whatever we are doing at the end of our task some human being is going to be affected, some human life is going to be changed by what we do." And he added: And so "we had better use every power of our minds and our hearts and our beings to get those rulings right." Now those are the sentiments of one very thoughtful and caring man. Masched by his autraordinary talents, impeccable integuity, and Serotion to neutral principles. it promises th Justice souter will surve the Court end the country powerful force YOU your 1111 Just down the street, as the autumn twilight descends. one Migh Wd Washington, an underground vault holds America's founding papers, ST the birth certificate of a Nation. Tomorrow morning the steel doors will open, the display case rising up to a large, rather change ordinary room. And, like every morning, & long line of visitors if will touch their fingers gently to the glass. Inches below, the Gov't paper is & deep yellow, but the writing is still strong and is distinct. "We the People of the United states..." The paper is closed OCT 7 '90 13:33 PAGE. 02 5 The Constitution is not just a symbol but a living idea, the world's greatest experiment in freedom and self-government. Four hand-written pages that promise freedom and justice before the law. Unlike other nations, Americans cannot look to a COREON heritage of culture or blood. Americans come from every corner of the world, linked only by this, an idea, a nation that invented itself. In just a few moments, we will all bear solemn witness to. the oath of office of America's newest Supreme Court Justice -- and 20 help begin-s now journey, # rite of passage and renewall that, with each generation, can breathe wind and lightning into And so let me conclude with Justice Souter's own description of the task ahead: It is "the responsibility to join with eight other people, to make the promises of this Constitution a reality for our time, and to preserve that Constitution: for the generations that will follow us, afteriv are goner from here." And now I would invite Chief Justice William Rehnquiste, the assistance of Erin Rath, to administer the constitutions oath of office to Justice David souter. III Mr. chief Just [[FOLLOWING SWEARING-IN]] Thank you, ladies and gentlemen And now on behalf of Chief Justice Rehnquist, Justice Souter and all the members of the Court, Barbara and I would like to invite you to join us for refreshments in the State Dining Room. THE WHITE HOUSE WASHINGTON October 5, 1990 MEMORANDUM FOR THE PRESIDENT THROUGH: CHRISS WINSTON w FROM: EDWARD E. MCNALLY and SUBJECT: SWEARING-IN CEREMONY FOR JUSTICE DAVID SOUTER On Monday, October 8, at 5:00 p.m., you will give remarks and then observe the swearing-in of Supreme Court Justice David Souter in the East Room. Approximately 200 friends of Justice Souter and other government officials will attend. The remarks (9 minutes, on cards) are rather formal, as befits the occasion. McNally/Simon Oct. 4, 1990 Draft Four (B:SOUTER) PRESIDENTIAL REMARKS: SWEARING-IN CEREMONY FOR JUSTICE SOUTER THE EAST ROOM MONDAY, OCTOBER 8, 1990, 5:00 P.M. Thank you, and good afternoon. Mr. Chief Justice, Members of the Court, ladies and gentlemen: Truly, it is a great honor to greet you at the White House, and in particular, to welcome the friends of this extraordinary judge to Washington. Today's ceremony is historic for many reasons. It is, of course, the first Supreme Court appointment of this presidency. But more importantly, it serves as another occasion to celebrate the 200 years of the Constitution of the United States, and the independent judiciary it launched. We meet on Columbus Day, birthdate of a modern hemisphere -- and an auspicious date for any new beginning. Elsewhere around the world, the origins of many countries are almost lost in time, their roots unclear or unknown. Not so in America. We know exactly where -- and exactly when -- our modern history begins. But we often forget that, back in 1492, Christopher Columbus was searching not for a new world, but for a new way -- a passage to the riches of the Far East. (In fact, Columbus was so confident he carried a letter from Queen Isabella to be delivered to the Emperor of China. [TRUE] This marked history's first known case of mail getting lost on its way across America.) But if our modern history began with a search for earthly treasure, it was a search for something more elusive that actually gave birth to the United States. A search for freedom. 2 A search for justice and self-government. A search that produced the Constitution of the United States. In ancient China, the word "wisdom" was formed by a combination of the ideograms for wind and lightning. Wind and lightning. Years before the American Revolution, Benjamin Franklin lofted a kite upon the wind and seized lightning from the sky. At age 81, he did it again. For four sweltering months in the summer of 1787, 55 delegates met in Philadelphia, debating a wonderful, audacious, unsettling idea. Washington called the Constitution "little short of a miracle." It was wisdom. Wind and lightning. A nation inventing itself. One of those 55 delegates was James Wilson, the son of a Scottish farmer, and the Pennsylvania lawyer who shared responsibility for writing the Constitution's first draft. A fervent advocate of the sovereignty of the people, Wilson fought for a strong national judiciary, and was one of the first to envision the principle of judicial review. Today, Wilson's idea stands as one of the cornerstones of our Republic -- and one of America's greatest gifts to the world. III Tomorrow morning, Justice David Souter -- sounds good, doesn't it? -- assumes a distinguished seat on the Supreme Court. It was first held by that very same James Wilson -- one of the five men that President George Washington first appointed to the Supreme Court in 1789. His successor was Bushrod Washington, a nephew of the President, soldier in the Revolutionary War, and founding member of one of the many organizations that has recog- 3 nized David Souter for his brilliant intellect -- Phi Beta Kappa. 34 years ago, this distinguished seat became open during the presidency of one of my personal heroes -- Dwight D. Eisenhower. And Ike filled that seat with a jurist who was to become one of the most personally beloved members of the Court: Justice William Brennan. And in marking this moment of transition, let me first -- on behalf of all Americans -- wish Justice Brennan a most pleasant and active retirement. Like his predecessor, Justice Souter comes to the Court with a distinguished record of judicial service. And I am grateful that many of the fine judges with whom he has served are able to be with us today. During the recent hearings, Justice Souter clearly demon- strated the superb education, training, and experience that grace his record. But even more important, Justice Souter once again demonstrated his life-long devotion to principle -- a simple, strait-forward, and enduring principle -- a principle quite familiar to Justice James Wilson and the other Framers of the Constitution. And the principle is this: The role assigned to judges in our system is to interpret the Constitution and lesser laws -- not to make them. And on this issue of principle, I also want to congratulate the Judiciary Committee, and the full Senate, for the prompt and faithful exercise of their own constitutional responsibilities. By abiding by constitutional tradition -- by not insisting that a nominee commit himself to any preordained outcomes or formula- 4 tions -- you enabled Justice Souter to fully inform the Senate as to his qualifications and general interpretive principles, while still abiding by the constraints needed to protect our tradition of an independent judiciary. It marks a victory for excellence over special interest politics, and let us hope it marks an end to litmus tests. Like many Americans, I was particularly moved by Justice Souter's opening comments. "The first lesson," " he said, "simple as it is, is that whatever court we are in, whatever we are doing at the end of our task some human being is going to be affected, some human life is going to be changed by what we do. " And he added: And so "we had better use every power of our minds and our hearts and our beings to get those rulings right.' Now those are the sentiments of one very thoughtful and caring man. Matched by his extraordinary talents, impeccable integrity, and devotion to neutral principles, it promises that Justice Souter will serve the Court and the country as a powerful force for good. Just down the street, as the autumn twilight descends on Washington, an underground vault holds America's founding papers, the birth certificate of a Nation. Tomorrow morning the steel doors will open, the display case rising up to a large, rather ordinary room. And, like every morning, a long line of visitors will touch their fingers gently to the glass. Inches below, the paper is a deep yellow, but the writing is still strong and distinct. "We the People of the United States " 5 The Constitution is not just a symbol but a living idea, the world's greatest experiment in freedom and self-government. Four hand-written pages that promise freedom and justice before the law. Unlike other nations, Americans cannot look to a common heritage of culture or blood. Americans come from every corner of the world, linked only by this, an idea, a nation that invented itself. In just a few moments, we will all bear solemn witness to the oath of office of America's newest Supreme Court Justice --- and so help begin a new journey, a rite of passage and renewal that, with each generation, can breathe wind and lightning into an ancient dream. And so let me conclude with Justice Souter's own description of the task ahead: It is "the responsibility to join with eight other people, to make the promises of the Constitution a reality for our time, and to preserve that Constitution for the generations that will follow us, after we are gone from here." And now I would invite Chief Justice William Rehnquist, with the assistance of Erin Rath, to administer the constitutional oath of office to Justice David Souter. Mr. Chief Justice. # # # [ [FOLLOWING SWEARING-IN]] Thank you, ladies and gentlemen. And now on behalf of Chief Justice Rehnquist, Justice Souter and all the members of the Court, Barbara and I would like to invite you to join us for refreshments in the State Dining Room. McNally/Simon Oct. 3, 1990 Draft Three (B:SOUTER) PRESIDENTIAL REMARKS: SWEARING-IN CEREMONY FOR JUSTICE SOUTER THE EAST ROOM MONDAY, OCTOBER 8, 1990, 4:00 P.M. Thank you, and good afternoon. Mr. Chief Justice, Members of the Court, ladies and gentlemen: Truly, it is a great honor to greet you at the White House, and in particular, to welcome the friends and family of this extraordinary judge to Washington. Today's ceremony is historic for many reasons. It is, of course, the first Supreme Court appointment of this presidency. But more importantly, it serves as another occasion to celebrate the 200 years of the Constitution of the United States, and the unprecedented, independent judiciary it launched. We meet on Columbus Day, birthdate of a modern hemisphere -- and an auspicious date for any new beginning. Elsewhere around the world, the origins of most countries are almost lost in time, their roots unknown. Not so in America. We know exactly where -- and exactly when -- our modern history begins. But we often forget that, back in 1492, Christopher Columbus was searching not for a new world, but for a new way -- a passage to am. Book the riches of the Far East. (In fact, Columbus was so confident of Darss he carried a letter from Queen Isabella to be delivered to the see file Emperor of China. This marked history's first known case of mail getting lost on its way across America.) III But if our modern history began with a search for earthly treasure, it was a search for something more elusive that actually gave birth to the United States. A search for freedom. 2 A search for justice and self-government. A search that produced the Constitution of the United States. In ancient China, the word "wisdom" was formed by a combination of the ideograms for wind and lightning. Wind and lightning. Years before the American Revolution, Benjamin Webster's Franklin lofted a kite upon the wind and seized lightning from Biographies the sky. At age 81, he did it again. For four sweltering months in the summer of 1787, 55 delegates met in Philadelphia, debating The almanac 1990 a wonderful, audacious, unsettling idea. Washington called the p.616 Constitution "little short of a miracle." It was wisdom. Wind men admanac 89 and lightning. A nation inventing itself. 0.450 One of those 55 delegates was James Wilson, the son of a Scottish farmer, and the Pennsylvania lawyer who shared see responsibility for writing the Constitution's first draft. A tile fervent advocate of the sovereignty of the people, Wilson fought for a strong national judiciary, and was one of the first to envision the principle of judicial review. Today, Wilson's idea stands as one of the cornerstones of our Republic -- and one of America's greatest gifts to the world. III Tomorrow morning, Justice David Souter -- sounds good, doesn't it? assumes a distinguished seat on the Supreme Court. It was first held by that very same James Wilson -- one of the Del five men that President George Washington first appointed to the file Supreme Court in 1789. His successor was Bushrod Washington, a nephew of the President, soldier in the Revolutionary War, and founding member of one of the many organizations that has recog- who's who in the East 3 nized David Souter for his brilliant intellect -- Phi Beta Kappa. Encyclopedia 34 years ago, this distinguished seat became open during the presidency of one of my personal heroes -- Dwight D. Eisenhower. Americana And Ike filled that seat with a jurist who was to become one of Del the most personally beloved members of the Court: Justice file William Brennan. And in marking this moment of transition, let me first -- on behalf of all Americans -- wish Justice Brennan a most pleasant and active retirement. It is well-earned. \\\\ Like his predecessor, Justice Souter comes to the Court with a distinguished record of judicial service. And I am grateful that many of the fine judges with whom he has served are able to be with us today. During the recent hearings, Justice Souter clearly demon- strated the superb education, training, and experience that grace his record. But even more important, Justice Souter once again demonstrated his life-long devotion to principle -- a simple, strait-forward, and enduring principle -- a principle quite familiar to Justice James Wilson and the other Framers of the Constitution. And the principle is this: The role assigned to judges in our system is to interpret the Constitution and lesser laws -- not to make them. And on this issue of principle, I also want to congratulate the Judiciary Committee, and the full Senate, for the prompt and faithful exercise of their own constitutional responsibilities. By abiding by constitutional tradition -- by not insisting that a nominee commit himself to any preordained outcomes or formula- 4 tions -- you enabled Justice Souter to fully inform the Senate as to his qualifications and general interpretive principles, while still abiding by the constraints needed to protect our tradition of an independent judiciary. It marks a victory for excellence over special interest politics, and let us hope it marks an end to litmus tests. Like many Americans, I was particularly moved by Judge Souter's opening comments. "The first lesson," he said, "simple see file as it is, is that whatever court we are in, whatever we are doing hearings at the end of our task some human being is going to be transcript affected, some human life is going to be changed by what we do. 9-13-90 And he added: And so "we had better use every power of our minds and our hearts and our beings to get those rulings right.' Now those are the sentiments of one very thoughtful and caring man. Matched by his extraordinary talents, impeccable integrity, and devotion to neutral principles, it promises that Justice Souter will serve the Court and the country as a powerful force for good. 1111 Just down the street, as the autumn twilight descends on Washington, an underground vault holds America's founding papers, the birth certificate of a Nation. Tomorrow morning the steel doors will open, the display case rising up to a large, rather ordinary room. And, like every morning, a long line of visitors will touch their fingers gently to the glass. Inches below, the paper is a deep yellow, but the writing is still strong and distinct. "We the People of the United States M 5 The Constitution is not just a symbol but an idea, the world's greatest experiment in freedom and diversity. Four hand- Fill Breat written pages that promise freedom and equality and justice. Un- other nations, Americans cannot look to a common heritage of culture or blood. Americans come from every corner of the world, linked only by this, an idea, a nation that invented itself. In just a few moments, we will all bear solemn witness to the oath of office of America's newest Supreme Court Justice -- and so help begin a new journey, a rite of passage and renewal that, with each generation, can breathe new life into an ancient dream. And so let me conclude with Judge 4 Souter's own descrip- transcipt tion of the task ahead: It is "the responsibility to join with of loaring eight other people, to make the promises of the Constitution a 9-13-90 reality for our time, and to preserve that Constitution for the see generations that will follow us after we are gone from here. file And now I will ask that Chief Justice William Rehnquist administer the constitutional oath of office to Judge Souter. Mr. Chief Justice. # # # BRENDAN-BRENNAN 503 ribed the visit in her bren'dan, Saint ( died C. 583), Irish BRENNAN, Francis (1894-1968), American car- en i den nya världen STENDAN, most famous of the many Irish saints dinal of the Roman Catholic Church. He was r., Homes of the New this name. He founded several mona- born in Shenandoah, Pa., on May 7, 1894. hampion Hertha Men's but is most noted for the one at Clonfert, Ordained in Rome in 1920, he graduated in the- r novel 1856 Galway, where he was also abbot. ology, then in Roman and canon law at the Apol- out legislation advancing County visit to St. Columba on the island of linare faculty. He returned to Philadelphia in 1 Sweden. She recorded in the 7th century life of 1924 and taught moral theology and canon law 1, 1865. is by St. Adamnan, Irish monk and writer. until his appointment to the Sacred Rota in 37; Eng. tr., The these few details, however, nothing is Rome (1940). (The Rota is a high court of t (1839; PUBLIC with any certainty about Brendan be- appeals with competence in all matters concern- considered Miss the extant sources, written long after ing the ecclesiastical rights of individuals.) The lled with saint's death, are conflicting and filled with first American dean of the Rota (1959-1967), he Familjen H- (1829; was raised to cardinal in 1967 by Pope Paul VI. 14) was the first realistic ends. Reputed to be a great traveler, Brendan was Cardinal Brennan also held the post of commis- e. Miss i; Eng. tr., 1844); En aavigator-heral of a voluminous literature that sioner of the Prefecture of the Holy See's Eco- from the Life of Brendan nomic Affairs and served as consultant to the Diary, 1845); and Fader arives Brendani) and the more famous Voyage of Central Commission for the Second Vatican Vita (Navigatio Brendani). The former de- Council. He died in Philadelphia on July 2, 1968. r's collected works tr., Father and Daughter rendan two voyages, one successful and one un- ix volumes between 1868 anbes to an island to which Brendan was BRENNAN, William Joseph, Jr. (1906- ), 915 and 1920. ondence was issued in sweeted ressful, a vision in order to live in seclusion American judge, who became an associate justice anchorite. The Navigatio, composed by an of the U.S. Supreme Court in 1956. Although ELIAS L. BREDSDOR entury, tells that Brendan's goal was "the land rishman an apparently in the first half of the 10th he frequently voted to dispose of a case on nar- University of Cambrid row grounds, he undertook groundbreaking in- the promise of the saints.' These tales are novations on other occasions. Personally cordial rã-mer-hä'fen, is a port the state of Christianized adaptations of pagan sagas of and informal, he showed intense dedication and a wages, which were very popular in Ireland. meticulous thoroughness in his work that often 1) bank of Navigatio was translated into several lan- resulted in his writing lengthy opinions. North Sea, gages the and made Brendan one of the best known The son of Irish immigrant parents, Brennan Bremen. Vessels with mints in the Middle Ages. was born in Newark, N.J., on April 25, 1906. le Weser River docks of miles (74 km) upriver- Mapmakers charted a St. Brendan's Isle in the He attended the Newark public schools and re- Atlantic Ocean as late as the 18th century. Even ceived a bachelor's degree from the University is Germany's largest d industries and wholesal more recently Brendan has been honored by some of Pennsylvania's Wharton School of Business the first discoverer of America. His feast day in 1928 and a law degree from Harvard Univer- ort area as well. There May 16. sity in 1931. Thereafter he practiced law in nd repair shops in Bremer JOHN F. BRODERICK, S.J., Newark (and as an Army officer, 1942-1945) n has a school of navigation Weston College, Mass. until 1949, when he became a trial judge in the ring, an institute for ocean New Jersey superior court. Elevated to that museum, and the North BRENDEL, bren'dal, Karl Franz (1811-1868), court's appellate division in 1951 and to the German musicologist. He was born in Stolberg New Jersey supreme court in 1952, he won germeister (mayor) of Bren Nov. 26, 1811, and studied at the univer- recognition for his role in the nationwide drive the larger ships of the future sities of Leipzig and Berlin. In 1845 he became to clear up court congestion and delays in litiga- ) use the Weser channel, editor of the Neue Zeitschrift für Musik, which tion. President Dwight D. Eisenhower, a Re- e of Bremerhaven by Bremes had been founded in 1834 by Robert Schumann. publican, appointed Brennan, a Democrat, to the ion of the Old Harbor, which During Brendel's tenure the journal championed U.S. Supreme Court in 1956. 1. The new Harbor was fin- Schumann and the "New German" musical re- On the court in the 1960's, Brennan was in cilities have been continually form led by Liszt and Wagner. the majority more often than any other justice, en. The adjacent town In 1846, Brendel joined the faculty of the and he wrote many important majority opinions. corporated into Bremerhaver the city was destroyed Leipzig Conservatory. In 1856 he founded a Among these was Baker V. Carr (1962), a land- because of the heavy use second periodical, Anregungen für Kunst, Leben mark case in which legislative apportionment was und Wissenschaft, which began in 1859 to urge opened to scrutiny by the federal courts. Bren- States armed forces, it was reconciliation between the conservative and nan also wrote the historic decision in New York oulation: (1983) 137,769. "New German" schools. To this end Brendel Times Co. V. Sullivan (1964), in which the court A. G. STEER, helped establish, in 1861, the Allgemeiner deut- first imposed limitations on state libel laws, Columbia University scher Musikverein (German Music Union), and holding that a public official cannot collect dam- ages for published material relating to his official l'ar-tan, is a port city he served as its first president until his death, in in Kitsap county. It is Leipzig on Nov. 25, 1868. Brendel's works in- conduct unless "actual malice" is proved. Among d, 15 miles (24 km) south. clude several studies in musical history, the most his other free speech, press, and association h which it is connected by important being Geschichte der Musik in Italien, opinions for the court, were most of the basic Frankreich und Deutschland (1852). opinions on the law of obscenity. A proponent of und Naval Shipyard was strong enforcement of the antitrust laws, he on in 1891, and its shops and BRENHAM, bren'em, is a city in south central wrote such major antitrust opinions as those re- nost important of the city's Texas, the seat of Washington county, 72 miles quiring du Pont to dispose of its General Motors ctivities include lumbering (116 km) northwest of Houston. The trade and stock. ying and poultry raising, and shipping center for an agricultural area in the Brennan wrote opinions making post-convic- S, codfish, salmon, and hali- Brazos Valley, it has cotton and cottonseed-oil tion remedies widely available to state prisoners ne seat of Olympic College, nal institution. The city mills and creameries. Other industries produce and requiring the states to observe fully various mattresses, springs, brooms, and furniture. There criminal procedural guarantees of the Bill of r. med for William Bremer, are oil fields nearby. The city is the seat of Blinn Rights. On the other hand, he wrote majority who platted the townsite in College, a 2-year coeducational institution. opinions interpreting some of these guarantees blish the shipyard. Bremer Settled in 1844, Brenham was partly burned more restrictively than several justices advocated during the Reconstruction era after the Civil in dissent. Among his notable writings on re- form of government. Popu- War. It has a commission government. Popula- ligious liberty is an extensive, scholarly opinion tion: 10,966. explaining his concurrence with the court's hold- OCTOBER 12 american Book of Days Stone's acceptance of the Holmes-Brandeis posi- narrowly escaping death during a naval battle. tion. Had Stone been a member of Congress, he The young seaman made a number of voyages would have worked vigorously to prevent the under the Portuguese flag during the following passage of the legislation in question, which was years and visited England, the African Gold the New Deal measure known as the Agricul- Coast, the Madeira Islands, and the Azores. In tural Adjustment Act. He upheld the statute, 1479 or 1480 he married Felipa de Perestrello, saying: "While unconstitutional exercise of pow- the daughter of the captain of Porto Santo, one er by the executive and legislative branches of of the Madeiras. the Government is subject to judicial restraint, Unfortunately, Portugal failed to offer Colum- the only check upon our own exercise of power bus support for his most daring venture. Like is our own sense of restraint." many mariners of his time, Columbus dreamed In 1937 several of the more conservative jus- of gaining fame and wealth by finding a water tices retired from the Supreme Court, and Presi- route to the Orient. In 1484 he asked King João dent Franklin D. Roosevelt selected liberals to II of Portugal to provide financial backing for fill the vacated positions. This change in the his plan to reach the East Indies by sailing west. Court's membership resulted in a corresponding The king refused. change in its rulings. Post-1937 decisions re- Most educated persons of the 15th century versed previous opinions, and the majority of the believed the earth to be round and accepted Court after that date accepted many of the posi- Columbus's plan as theoretically possible. Never- tions that Holmes, Brandeis, Stone, and Cardozo theless, the best geographers correctly calcu- had taken in their earlier dissents. lated that 10,000 miles lay between Europe and When Chief Justice Charles Evans Hughes re- the East Indies, and few were convinced that tired in 1941, President Roosevelt named Stone ships could successfully complete so arduous a as his successor. Stone served five years in this voyage. Columbus disagreed, claiming that only office. He was delivering a dissenting opinion in 2,400 miles separated the continents, and his the case of Girouard v. the United States when gross underestimation was the source of much he became fatally ill. He died on April 22, 1946, of his self-confidence and courage. in Washington, D.C. For years Columbus was unable to obtain financial support for his adventurous undertak- ing. Then, in 1492, King Ferdinand and Queen OCTOBER Isabella of Spain agreed to sponsor his voyage. The Spanish monarchs met all of Columbus's de- Columbus Day mands: they provided him with three ships, named him Admiral of the Ocean Sea, and ap- This is a movable event. See note on page xxvi. pointed him viceroy of any territory he might discover. On August 3, 1492, Columbus and his The identity of the first Europeans to visit the 90-member crew sailed from Palos, Spain, shores of America is uncertain. The Irish may aboard the Niña, the Pinta, and the Santa María. have reached what is now Canada in the 9th or They carried with them a letter from Ferdinand 10th century, and two Norse sagas report that and Isabella addressed to the Grand Khan of Leif Ericson (see October 9), son of Eric the Red, China. reached Vinland, an area of wild grapes and self- Columbus's transatlantic crossing was rela- sown wheat located west of Greenland, about tively easy. From Spain his three ships sailed to 1000 A.D. But if the Irish or the Norse were the the Canary Islands, off the coast of Africa. There first Europeans to set foot in the Americas, they took on additional provisions and on Sep- neither had any lasting impact on the land or its tember 6 began their voyage west. At first the natives. It was only with the voyage of Chris- northeast trade winds wafted the caravels brisk- topher Columbus in 1492 that effective Euro- ly along, but then unfavorable breezes and pean exploration and colonization of the New calms slowed their progress. For more than a World commenced. month the vessels sailed, almost 2,700 miles, Little is known about the commander of the without sighting land. The sailors became mu- momentous 1492 expedition. Most historians be- tinous, and in early October they tried to per- lieve Christopher Columbus, or, in Italian, Chris- suade Columbus to turn back. The commander toforo Colombo, was born in Genoa in 1451. His remained steadfast, vowing that he would con- father, Domenico Colombo, was a weaver, and tinue the voyage until, with God's help, he found the future navigator may have followed his the Indies. father's trade during his youth. He very likely The expedition maintained its westward went to sea sometime around 1472. course, and within a few days Columbus believed Columbus arrived in Portugal in 1476 after he had accomplished his purpose. At 2:00 A.M. 918 an award. 1989. Mem. 1972. Tchr. Canarsie High Sch., Bklyn., 1971-72; instr. art U. Mass., Keene 20 Central Sq Keene NH 03431 Music Critics Assn., Pi Kappa Lambda. Mu Phi Epsilon Found., nat. chmn. Sterling Staff Concert Series, citation 1968). Boston. 1972-73: with Art Inst. Boston. assoc. prof., tchr. West End Ave New York NY 10023 Leventhal Sidman Jewish Community Ctr. of Greater Boston. Newton. SOUHAM, GÉRARD, communications executive: b. Paris. May 30. 1928: Mass., craft room dir. Striar Jewish Community Ctr., cons. Lucien and (Husson) m. Eliane Meyrat. June 23. 1951: artist Internat. Inst. for Visually Impaired, Newton. 1983-86. Two person children: Glenn (dec.), Yan. Philip. Diploma, Am. Community Sch., Paris, ALAN JAY, financial services counselor: b. Hutchinson, Kans., shows include Boston Young Adult Ctr., 1984, Rose Warner Gallery, Cin., 1948; cert., Ecole Commerciale de Paris. Chargé de mission State Dept., 141: S. Jacob Nelson and Aline A. (Burge) S.: m. Deanna Lea 1986; exhibited in group shows at Starr Gallery, Newton. Mass., 1984, 87. 26, 1980: child. Elizabeth Beret. BA. Coll. Wooster. 1963; Europe, 1950-52: pub. info. officer Allied Air Forces NATO, Fontainebleau, Boston Young Adult Ctr., 1987, numerous others: represented in numerous 1953-55; chmn. bd., chief exec. officer J. Walter Thompson. Paris, 1955-75; 1966; MBA, Fordham U., 1985. Asst. pastor First Presbyn. pub. and pvt. collections: contbg. artist Lilith Mag., 1985. Mem. West v.p. Walter Thompson. prin. SC3 Gerard Souham Group town. N.Y., 1966-69; pastor Trinity Presbyn. Ch., 1970- Roxbury Art Assn. (past West Roxbury Hist. Soc. Democrat. Jewish. Communication Cos., Paris and Lausanne. Switzerland. 1975- sing exec. Presbyn. Ch. (USA), 1974-84; pres. Religion in Home: 61 Perham St Boston MA Office: Art Inst Boston 700 Beacon bd. dirs. Am. Oversees Meml. Author: Général Souham Comte de Inc., N.Y.C., 1985-87, fin. SVCS. counselor, parish assoc. Ch., 1987- Author: Lives 1989; St Boston MA 02115 l'Empire, 1964, Impressions 1970. Souham, 1989, Sur les Chambs de in Presbyn. Together We Care, 1981, Abound in Hope, 1983; producer: (film) Progress, Bataille de la Révolution et de l'Empire, 1990. Mem. pvt. sector internat., the Gift, 1982, Claimed by God's Grace, 1984. Class sec. Yale SOROURI, PARVIZ, gastroenterologist; b. Tehran, Iran. Feb. 14, 1929; pub. relations coms. USIA, 1984, world bd. govs. USO Washington, 1984; Mohammad and Malekeh (Edalat) S.: m. Sally Elaine Simounet, June 22, bd. dirs. Paris council USO, 1971. Decorated Knight of Legion of Honor New Haven, Conn., 1988-. Fellow, Rockefeller Bros. Found., 1957; children: Bijan, Kayvan, Andria. AB, Temple 1951; MS, Pa., (France); Officer Order of Leopold (Belgium), Knight of Belgian Crown. m. Nat. Assn. Life Underwriters. Presbytery of Wooster Mem. Internat. Advt. Assn. (v.p. pub. SVC., bd. dirs.), Pub. Relations News (pres. 1973-75, 77). Presbyterian. Home: 70 La Salle St New 1953; MD, George Washington U., 1957. Intern Charity Hosp., New 10027 Office: 27 E 39th St 3d FL New York NY 10016 Orleans. 1958; resident in internal medicine Henry Ford Hosp., Detroit, Adv. Bd., French Advt. Council, Internat. Inst. Strategic Studies, France 1961; resident in gastroenterology Pa. Grad. Hosp., Phila., 1962; prof. USA (bd. dirs.), Am. Overseas Meml. Assn. (bd. dirs. 1988-). Roman medicine Nat. U., Tehran. Iran, 1962-79, chmn. dept. medicine, 1970-79. Catholic. Clubs: HM Guards Polo (Windsor, Eng.) (life); Polo de Bagatelle EN, KELD, biochemist; b. Copenhagen, Denmark, June 5, 1953; 1987; Alf and Karin (Bendtsen) m. Susan Linda Hom, chief div. gastroenterology, 1972-79, vice chancellor, 1977-79, dean sch. (Paris); N.Y. Athletic; Yacht of Monaco. Office: S3C Gerard Souham 80; child. Kasper. PhD, Copenhagen, Denmark, 1980. medicine, 1978-79; practice medicine specializing in gastroenterology Group Communication Cos 500 Fifth Ave New York NY 10036 SSOC. Bern, Switzerland, 1980-82; postdoctoral researcher Tex. Newark, Del., chmn. research com. Med. Ctr. of Del., Wilmington, Temple, 1982-83; asst. prof. Bern, 1983-87; dir. biochemistry 1982-86; chmn. program and library com. St. Francis Hosp., Wilmington. SOULE, DAVID CONDER, urban planning executive; b. Washington, Dec. adv. to Minister of Health, Tehran, 1970-78, to Prime Minister, 31, 1946: George H. and Jean (Conder) Rita Annette Godbout, June nology NTD Labs., Carle Place, N.Y., 1987- Editorial bd. 1970-78. Author: (book) Gastrointestinal Cancer, 1983. Felsen fellow, U. 24, 1968; children: Richard, Joseph, Amy Jeanne. BA, Trinity Coll., emica Acta, Glasgow, referee several sci. jours.; contbr. Pa., 1952. Fellow Backus Internat. Soc. Gastroenterology; mem. AMA. Hartford, Conn., 1968; postgrad., So. Conn. U., 1971-73, Northeastern U., profl. jours.; patentee in field. Mem. Acad. Sci., Danish Soc. istry, Am. Assn. Clin. Chemistry. Unitarian Universalist. Home: Republican. Moslem. Club: Hercules Country (Wilmington). Lodges: Boston, 1990. Caseworker Conn. Dept. Pub. Welfare, Hartford, 1968-69; Ave Dix Hills NY 11746 Office: NTD Labs Old Country Rd Lions, Rotary (Wilmington). Home: 900 Hillside Rd Wilmington DE 19807 planner Conn. Dept. Community Affairs, Hartford, 1969-71; dep., planning Office: Darwin Profl Ctr 10 Darwin Dr Newark DE 19711 dir. Capitol Region Coun. Govts., Hartford. 1971-80; exec. dir. Nashua NY 11514 (N.H.) Regional Planning Commn., 1980-86, Met. Area Planning Coun., EN, MEREDITH JEAN, educator; b. Penn Yan, N.Y., May 23, SORREL, WILLIAM EDWIN, psychiatrist, educator, psychoanalyst; b. Boston, cons. N.E. Consulting Svcs., Inc., Manchester, N.H., 1985- Cenneth Edwin and Mary (Raiman) S. BA, Ottawa (Kans.) U., May 27, Simon and Lee (Lesenger) Rita Marcus, July 86. Recipient Regional Leadership award New Eng. Regional Coun., 1985. 1950; children: Ellyn Gail, Joy Shelley, Beth Mara. BS, NYU, 1932; MA, Mem. Am. Planners Assn. (bd. dirs. N.H. chpt. 1983-84), Internat. City No. Mich. U., 1976; postgrad., New Zealand Whole Lang. Program, Hamilton, summer 1989. Cert. elem. tchr., elem. sch. Columbia 1934, MD, 1939; PhD, NYU, 1963. Diplomate Am. Bd. Med. Mgmt. Assn. Rochester (N.Y.) City Schs., 1962-63, Penfield (N.Y.) Cen. Sch., Psychotherapists; qualified psychiatrist, also cert.examiner N.Y. State Dept. Marion (N.Y.) Cen. Sch., Vol. (correctional facility) In- Mental Hygiene. Intern Madison (Tenn.) Sanitarium and Hosp., 1939; re- SOULE, JEFFREY LYN, urban planner, consultant; b. Watertown, N.Y., 1970-83, vis. dir., 1982-; bd. dirs. Ottawa U., 1970-74; sident physician Alexian Bros. Hosp., St. Louis, 1940; officer instrn. St. Apr. 8, 1953; Robert William and Melva (Howe) S. BA cum laude, State Legis. Adv. Com., Albany, bd. dirs. Fairport Apts. Louis Sch. Medicine, 1940-41; asst. psychiatrist Central State Hosp., Colgate 1975; M in City and Regional Planning, Harvard 1978. Sr. zens, founder Swinging Singles Western Sq. Dance Club, Nashville, 1941; assoc. psychiatrist Eastern State Hosp., Knoxville, 1942-44; resource planner N.Y. State Commn. on Tug Hill, Watertown, 1978-80; rural 1967. Named one of Outstanding Young Women Am., 1971. assoc. attending neuropsychiatrist, chief clin. psychiatry Jewish Meml. Hosp., devel. specialist USDA, 1980-82; policy analyst office of rural devel. USDA, Federated Tchrs., N.Y. State United Tchrs., Marion Tchrs. Assn. N.Y.C., 1946-59; assoc. attending neuropsychiatrist, chief clin. child psychi- Washington, 1982-84, policy coord., 1984-86, employee devel. specialist, spl. air legis. com. social and sunshine com., chair negotiations com.), atry Lebanon Hosp., Bronx, 1947-65; Psychiatry projects mgr., 1986-87; leadership coord. Nat. Endowment Arts Design Div., Reading Assn., N.Y. State Reading Assn., Genesee Valley Devel. Clinic, Yeshiva U., 1950-66, asst. prof. psychiatry, 1952-54, assoc. prof., Washington, phys. planning coord. Park Heights Community Corp., Group, Assn. for Supervision and Curriculum Devel., Phi Delta 1954-58, prof., 1959-62, psychiatrist-in-chief, assoc. dir. Psychol. Center,, Balt., 1986-87; leader Planner Cert. Tng. Program, Washington, 1986; mem. laptist. Club: Danish Sisterhood (Penn Yan). Office: Marion Cen 1957-67; prof. human behavior Touro 1974-90; attending psychiatrist St. faculty Mayor's Inst. for City Deisgn, Washington, 1989; lectr. on urban N Main St Marion NY 14505 Clare's Hosp., 1983-; asst. prof. clin. psychiatry Albert Einstein design. Contbg. author: Design Competitions for Public Facilities, 1989; Coll. Medicine, psychiat. SSS, 1951, N.Y. State Workmens contbr. articles to profl. jours. Camp counselor, bd. dir. United Meth. Ch. Compensation Bd., Med. Ctr., vis. psychia- No. N.Y. Conf., 1974-80; alumni rep. Colgate U., 1976-; mem. Sandy EN, OVE, electronics executive; b. Aarhus, Denmark, Dec. 3, trist Fordham Hosp., 1951; attending neuropsychiatrist, chief mental Creek (N.Y.) Regional Planning Bd., 1978-80; mem. organizing com. Mid- to U.S., 1975; Jorgen and Dagmar m. hygiene SVC. Hosp., 1950-60; assoc. attending neuropsychiatrist Atlantic Planning Conf., Washington and Md., 1985, 87, 88. N.Y. State Marie King, July 2, 1978; children: Carsten, Merete, Chiara, Grand Central Hosp., 1958-66, Morrisania Hosp., 1959-72; psychiatrist-in- Regents scholar, 1971; named one of Outstanding Young Men in Am., 1982. EE. Air Force Acad., 1973. Quality assurance mgr. Oticon Corp., chief Beth Abraham Hosp., 1954-60; psychiat. cons. Guidance Ctr., Mem. Am. Inst. Cert. Planners, Am. Planning Assn. (profl. devel. officer J., 1975-79; dir. engring. Chatlos Systems, Whippany, N.J., 1979- 1955-60, Daytop Village, 1970-71; assoc. psychiatrist Seton City Hosp., Md. chpt. 1986-88), Beta Theta Pi. Office: Nat Endowment Arts Design Div level. engring. N.Y.C. Offtrack Betting, 1981-83; dir. engring. 1955; guest lectr. U. London, 1947; vis. prof. Jerusalem, Israel Acad. Med., 1100 Pennsylvania Ave Washington DC 20506 lorsham, Pa., 1983-85; owner Scandesign Electronics, Pipersville, 1960, Hebrew 1960; mem. psychiat. staff Gracie Sq. Hosp., 1960-; chief Mem. Danish Bro. (Bensalem, Pa.), Vasa Order (Sterling, N.J.), psychiatry Trafalgar Hosp., 1962-72; vis. prof. psychiatry Tokyo Sch. SOULE, MARGARET MILLER, librarian, educator; b. Elkhart, Ind., Aug. inne. Medicine, 1964; prof. N.Y. Inst. Tech., 1968; vis. lectr. in psychiatry 31, 1951; d. Hugh Archibald and Claire (Putz) Miller; m. Paul G. Thibeault, N.Y. U., 1971-73; Am. del. Internat. Conf. Mental Health, London, 1948; Dec. 27, 1975 (div. 1980); m. Morton Gilmore Soule, Mar. 2, 1985; child, EN, ROBERT C., marketing executive, educator; b. Lincoln, mem. Am. Psychiat. Commn. to USSR, Poland and Finland, 1963, Empire Mary June. BA, Bowdoin Coll., Brunswick, Maine, 1973; MLS, Simmons 1923; Christian Abraham and Annis Sarah (Chaikin) State Med., Sci. and Ednl. Found. Author: booklets Neurosis in a Child, Coll., Boston, 1976. Dir. Sanford (Maine) Goodall Library, 1976-77; chil- Joyce Mattson, Sept. 11, 1943; children: Robert C.A., Katherine 1949, A Psychiatric Viewpoint on Child Adoption, 1954, Shock Therapy dren's librarian Lewiston (Maine) Pub. Library, 1977-80; bookmobile coor- Student, Nebr., 1940-42, Northwestern U., 1942-43; AB, Psychiatric Practice, 1957, The Genesis of Neurosis, 1958, The Prejudiced dinator Maine State Library, Augusta, 1980; coordinator children's and 1944, MA, 1948, PhD, 1954. Field examiner Chgo. regional office Personality, 1962, The Schizophrenic Process, 1962, The Prognosis of Elec- young adult SVCS. Portland (Maine) Pub. Library, 1980-86; sch. librarian 945-46; indsl. rels. dir. Scott Radio Labs., Chgo., 1946-48; dir. troshock Therapy Success, 1963, Psychodynamic Effects of Abortion, 1967, Westbrook (Maine) Jr. High Sch., 1986-87; instr. U. So. Maine, Gorham, liv. John Marshall Law Sch., Chgo., 1947-48; asst. prof. law U. Violence Towards Self, 1971, Basic Concepts of Transference in Psychoanal- 1988-89; coord. for sch. libr. survey Maine State Libr., Portland, 1989- II. Law, Lincoln, 1948-52; ops. analyst Ops. Rsch. Office, Johns ysis, 1973, A Study in Suicide, 1972, Masochism, 1973, Emotional Factors Mem. Maine Libr. Assn. (coord. Maine Storytelling Festival 1982-84, head U., Chevy Chase, Md., 1952-54; dir. audience analysis dept. Radio Involved in Skeletal Deformities, 1977, Cults & Cult Suicide, 1979; contbr. children's SVCS. div. 1980-81), Maine Ednl. Media Assn., LWV (bd. dirs. pe, Munich, 1954-59; dir. rsch. This Week Mag., 1959-61; articles on the psychoses. Vice pres. Golden Years Found.; chmn. 1981-83, study leader 1987-). Democrat. Mem. United Ch. of rsch. D'arcy Advt. Co., N.Y.C., 1961-65; exec. dir. Ctr. for Ad- Com. Med. Standards in Psychiatry, 1952-54. Recipient Sir William Osler Christ. Home: 70 Presumpscot St Portland ME 04103 ractice, Inc., 1965-67; pub. Psychology Internat. Honor Med. Soc. Gold Key; 3d prize oil paintings N.Y. State Med. ag., 1967-68; pres. Robert C. Sorensen & Assocs. Inc., Art Exhibit, 1954; NYU Founders Day award, 1963; Presdl. Achievement 1968-85, Sorensen Corp., v.p., dir. award, 1984; others. Fellow Am. Psychiat. Assn. (life, pres. Bronx dist. SOULS, THOMAS JOHN, engineering company executive; b. Manchester, rner Communications Inc., N.Y.C., 1972-74; prof. mktg. Grad. and 1960-61, other offices, Gold medal 1974), Am. Assn. Psychoanalytic May 31, 1930; Thomas John and Dorothy (Stionge) Kathleen d. Sch. Bus. Adminstrn., Rider Coll., Lawrenceville, N.J., Physicians (pres. 1971-72, gov. 1972-90); mem. AMA, Eastern Psychiat. Geneiveve Martinson, Dec 14, 1932; children: Thomas E., James M., Rsch. Assn., N.Y. State Soc. Med. Rsch., Am. Med. Writers Assn., N.Y. Rosemarie Norcross, Jean Marie Lamothe. BSCE, U. R.I., 1953, MSCE, pert witness in intellectual property and Anti-trust. Author: State, N.Y. County Med. Socs., N.Y. Soc. for Clin. Psychiatry, Pan Am. 1957. Registered profl. engr., R.I. Engr. City of Warwick (R.I.), 1950-52; it Sexuality Contemporary America. 1973, (with Viggo Morten- Med. Assn. (various offices including pres. 1989-), Assn. for Advancement structural engr. Jenks & Ballou, cons. engrs., Providence, 1955-60; chief Will and Determinism, 1987; assoc. editor: Zygon: Jour. of Reli- Sci.; contbr. articles to profl. jours. councilor Inst. on Reli- Psychotherapy, Bronx Soc. Neurology and Psychotherapy (pres. 1960-61, engring. Bowerman Bros. Inc., Providence, 1960-83; pres. Thomas Souls & Age of Sci.; chmn. Scandinavian Semimar, Inc.; bd. dirs. Foster Silver medal 1970), others. Home: 23 Meadow Rd Scarsdale NY 10583 Assocs., Inc., East Greenwich, R.I., maj. ops. officer CE, Nat. lan Internat., Foster Parents Plan U.S., Scandinavian Seminar Coll. Office: 263 West End Ave New York NY 10023 Guard, Providence, 1955-64. Trustee East Greenwich Free Library, 1974-80; chmn. East Greenwich Devel. Commn., 1974-78; chmn. East Greenwich gen). Recipient UN award for civilian work in Korea, 1953. Mem. Indsl. Performance Commn., 1974-78. Maj. CE, U.S. Army, 1953-64. Mem. tsch. Coun., Am. Sociol. Assn., Am. Assn. for the Advancement SOTERIADES, MICHAEL COSMAS, civil engineering educator; b. Is- ASCE, Am. Concrete Inst., Am. Constrn. Specification Inst., Concrete Polit. Sci. Assn., Am. Assn. Pub. Opinion Rsch., Am. Mktg. tambul, Turkey, Mar. 25, 1923; came to U.S. 1952; Cosmas S. and Evouli Reinforcing Steel Inst., Nat. Fire Protection Inst. Roman Catholic. Home: S. Trademark Assn., Univ. Club. Democrat. Unitarian. Address: (Tsaoussoglu) m. Rose Marie Rentroia, Nov. 30, 1928. Civil engring. 19 Chestnut Dr East Greenwich 02818 Office: Thomas Souls & Assocs Id St New York NY 10021 diploma, Athens (Greece) Nat. Tech. U., 1948, D Engring., 1952; ScD, MIT, 19 Chestnut Dr East Greenwich RI 02818 1954. Registered profl. civil engr. Research asst. MIT, Cambridge, 1953-54; STEPHEN MICHAEL, lawyer, consultant; b. Newark, May 2, asst. engr. A. Woolf & Assocs., Boston, 1952-56; chief structural engr. SOUSA, JOAN ANN, elementary education educator; b. Providence, June Louis and Felice (Hoch) S.; m. Karen Ann Maris, Mar. 17, Universal Engring. Corp., Boston, 1956-58; v.p., treas. Doxiadis Assocs., 21, 1949; John Joseph and Jennie Evelyn (Colaluca) Cardi; m. John David Yale U., 1971; JD, George Washington U., 1976. Bar: Md. 1976, Washington and Athens, 1958-61; prof. civil engring. Cath. Am., Wash- Sousa, Nov. 18, 1973; children: Jonathan David, Darren Jerard. BA magna 7, U.S. Dist. Ct. D.C. 1977, U.S. Claims Ct. 1977, U.S. Supreme Ct. ington, 1961-, chmn. dept., 1975-81. Author: (in Greek) Aseismic Design- cum laude, Roger Williams Coll., 1971; MEd, Providence Coll., 1982; post- tty., advisor GAO, Washington, 1976-80; sr. atty. EPA, Wash- Construction, 1956. 2d Greek Army, 1948-52. Fellow ASCE; mem. Am. 980-83; mgr. govt. contracts and grants, nat. coord. privatization& Concrete Inst., Sigma Xi, Tau Beta Kappa. Home: 3380 Stephenson PI NW grad., Nova U., 1986-. Elem. tchr. Bristol (R.I.) Pub. Schs., 1971-80, coord. gifted and talented edn., 1980-87; prin. elem. East Greenwich (R.I.) ture SVCS. Touche Ross & Co., Washington, 1983-86; dep. gen. Washington DC 20015 Office: Cath Am Washington DC 20064 Pub. Schs., mem. adv. coun. young women in sci. R.I. State Dept. AAI Corp., Balt., 1986-; v.p. Privatization Council, Edn., chair commr.'s adv. coun. on gifted and talented edn. City of Pro- Author: (with others) Federal Grant Law, 1979, Privatization, 1988; SOTHERLAND, DONALD LEROY, postal service administrator; b. Troy, vidence, joint com. on articulation, Providence, 1983-86; gal newsletter Forum, 1982-83; contbr. articles to legal jours. ireater Colesville Citizens Assn., Silver Spring, Md., 1982-84. Mem. Ohio, Apr. 15, 1928; Ralph Elwood and Mary Isabelle (Rhynard) m. cons. Ponnagansett Schs., 1986, Johnston (R.I.) Pub. Schs., 1989. Co- Selma Ann Allie, Jan. 31, 1953; children: Donald Ralph, Dale LeR- author: Characteristics and Identification of Gifted and Talented Students, st chmn. fed. grants and contracts com. 1981-82, vice chair environ. m. Fed. Bar Assn. (chmn. fed. grants com. 1982-, bd. oy. Student, Miami-Jacobs Coll., Dayton, Ohio, 1947; MS in Mgmt., Ren- 3d edit., 1988, Curriculum Design and Development for Gifted Talented sselaer Poly. Inst., 1973. CPA, Ariz., Ohio. Prin. Sotherland Pub. Acctg., Students, 3d edit., 1988. Tour guide, Women Infants Hosp., Pro- chpt. 1982-86, Disting. Service award 1983). Club: Yale (Wash- Troy, 1949-51, 56-67, Sotherland Plumbing, Heating Cooling, Troy, vidence, bd. trustees Community Coll. R.I., Warwick; judge Acad. Home: 428 Corona PI Silver Spring MD 20905 Office: AAI Corp 1956-64; controller Piqua (Ohio) Steel Co., 1964-67; sr. subcontract auditor Decathlon of 1985- Mem. Nat. Assn. Elem. Sch. Prins., R.I. Assn. 126 Hunt Valley MD 21030-0126 Hughes Aircraft Co., Tucson, Ariz., 1967-68; sr. fin. analyst Pratt & Whitney Sch. Prins., State Advocates for Gifted Edn. (v.p. 1983-85). Roman Aircraft Co., East Hartford, Conn., 1968-72; gen. mgr. Kohn Display and Catholic. Home: 151 Catlin Ave Rumford RI 02916 Office: East Greenwich J. MICHAEL ROBERT, sales and marketing executive; b. N.Y.C., Woodworking Co., Hartford, Conn., 1972-74; dir. fin. N.Y. bulk and fgn. Pub Schs Frenchtown Rd Frenchtown Sch East Greenwich RI 02818 1944; Robert and Irma (Shaefitz) Elena Maxine Weintraub, mail ctr. U.S. Postal Svc., Jersey City, 1974-80; program mgr. N.E. region 1947 (dec. Aug. 1977); m. Barbara Anne Harris, Oct. 17, 1987; U.S. Postal Svc., 1980-86; dir. fin. U.S. Postal Svc., Hackensack, SOUTER, DAVID HACKETT, state judge; b. Melrose, Mass., Sept. 17, Eric Jason, Brian Wayne. BS, 1966. Programmer Schenley N.J., 1986-88, Paterson. N.J., 1988- Staff sgt. USAF, 1951-55. Mem. 1939; Joseph Alexander and Helen Adams (Hackett) BA, Harvard U., S, N.Y.C., 1967-70; regional mktg. mgr. IBM, 1970-82; dir. AICPA, Ariz. Soc. CPAs, Masons. Home: 420 Kinderkamack Rd River 1961, LLB, 1966; Rhodes scholar, Oxford U., 1961-63, MA, 1989. Bar: Morristown, N.J., 1982-87; sr. v.p. The Ultimate Corp., E. Hanover, Edge NJ Office: US Postal Svc 194 Ward St Paterson NJ 07510- N.H. Assoc. firm Orr & Reno, Concord, 1966-68; asst. atty. gen. N.H. 37-89; exec. v.p. Forrester Results, Inc., Morristown, N.J., 1989 9995 1968-71 dep. atty. gen., 1971-76 atty. gen., 1976-78 assoc. justice orristownship Homeowners Assn., Morristown, 1985- Mem. Am. Superior Ct. N.H., 1978-83, N.H. Supreme Ct., 1983-90; judge U.S. Ct. Assn., Sales Execs. Club N.Y. Home: 15 Ketch Rd Morristown NJ SOTOS, HERCULES PETER, manufacturing company executive; b. Appeals (1st cir.) 1990-. Trustee Concord Hosp., 1973-85, pres. bd. Salonica, Greece, Apr. 14, 1933; came to U.S., 1946; Peter Hercules and trustees, 1978-84; bd. overseers Dartmouth Med. Sch., 1981-87. Mem. Am. Fotini (Drapelis) Mary M. Yiotis, Mar. 9, 1959; Bar Assn., N.H. Bar Assn., N.H. Hist. Soc. (v.p. 1980-85, trustee 1976-85), HEYE, GABRIEL EUSTACE, accountant; b. Sapele, Nigeria, May Peter, Christina. B.S., NYU, 1962; grad. Advanced Mgmt. Program,, Phi Beta Kappa. Republican. Episcopalian. Home: 34 Cilley Hill Rd Weare came to U.S., 1971; S. Edward A. and Itserure (Ekuvero) S.; m. Harvard U., 1978. Dir. internat. fin. AMF, Inc., 1957-67; sr. fin. analyst NH 03281 Office: PO Box 2339 Concord NH 03301 Albertha Ruffin, Apr. 15, 1978; children: Lori, Staci. BS, Providence Grace & Co., 1967-68; controller internat. div. Internat. Playtex, Inc., 76; MBA, Bryant Coll., 1979. Cost acct. Cuno div. AMF, Meriden, Stamford, Conn., 1968-70; corp. controller B.V.D. Internat. Playtex, Inc., SOUTH, FRANK EDWIN, physiologist, educator; b. Norfolk, Nebr., Sept. 979-83; Sr. cost acct. Codman and Shurtleff, Randolph, Mass., 1983- 1970-71, v.p. fin., 1971-77, group v.p. fin. and adminstrn., 1977-80, exec. v.p. 20, 1924; Frank Edwin and Gladys (Brinkman) S.; Berna Deane Phyllis ps. analyst EG&G, Inc., Wellesley, Mass., Active Com- fin. and adminstr., 1980-85, pres., 1985; vice chmn. Internat. Playtex, Inc. Casebolt, June 23, 1946; children: Frank Edwin, Robert Christopher. A.B., Bus. Network. Providence, 1988. Mem. Nat. Assn. Accts., Nat. (name changed to Playtex, chief fin. officer Beatrice Consumer Calif., Berkeley, 1949, 1952. Asst. prof. physiology Sch. lack Accts. Democrat. Mem. Christian Ch. Home: 34 Russell Ave Products, 1985. Served with U.S. Army, 1953-55. Office: Playtex Apparel Medicine, 1953-54, Coll. Medicine, 1954-61; asso. prof. Colo. State U., ovidence RI 02914 Office: EG&G Inc 45 William St Wellesley MA Inc Playtex Family Products Corp 700 Fairfield Ave Stamford CT 06904 1961-62, prof., 1962-65; prof. Mo., 1965-76; prof., dir. Sch. Life and Health Scis., Del., Newark, mem. governing bd., dir. Hibernation SOUCY, KEVIN ALBERT, bank executive; b. Farmington, Maine, Jan. 15, Info. Exchange, 1959- Editorial bd.: Cryobiology; contbr. numerous ar- IN, JANET, artist; b. Hartford, Conn., Apr. 2, 1932; d. William 1955; Albert Ernest and Adeline Mae (Meader) Linda Jean Dolloff, ticles on physiology of hibernation, temperature regulation, renal function, nd Rose Irene Levin; m. Raymond L. Sorokin, June 8, 1950; chil- June 20, 1981; children: Andrew Kevin, Brice Patrick. BS, Bates Coll., 1977. marine mammals, artificial atmospheres, and sleep to profl. jours. Bd. dirs. mily Sorokin Kessler, Judith Ellen. Student, Simmons Coll., 1950- Sales rep., agy. mgr Met. Ins. Co., Augusta and Lewiston, Maine, 1977-81; Del. Lung Assn., 1976-82, Del. Cancer Network, 1977-82; mem. research Hartford. 196-172, Trinity Coll., 1972. Home: 101 Mohawk Dr West trust devel. officer Depositors Co., Augusta, 1981-82, asst. v.p., pension trust com. Del. Heart Assn., 1977-82; mem. N.E. regional research com. Am. 06117 officer, 1982-85; v.p., trust officer Indian Head Nat. Bank (name now Fleet Heart Assn.; mem. med. adv. bd. A.I. DuPont Inst., Wilmington, Del., 1978- Keene, Contbr. articles to newspaper. Bd. dirs. 83. Served with AUS, 1943-45. Decorated Purple Heart with oak leaf IN, MAXINE ANN, artist, educator; b. Bklyn., Dec. 15, 1948; Monadnock Area Pastoral Counselling, Keene, 1987-, Monadnock United cluster; NIH career devel. awardee, 1961-65. Fellow AAAS, Sigma Xi; mem. Harry and Jeanne (Moskowitz) S.; m. Henry Sam Altmann, May 27, Way, Keene, mem. Conn. Valley Estate Planning Council, 1985-; Am. Physiol. Soc., Soc. Gen. Physiologists, Soc. Exptl. Biology and child. Jedidiah Ira Sorokin-Altmann. AA, Kingsborough Com- mem. N.H. Employee Benefits Council. Mem. Rotary. Republican. Bap- Medicine, Internat. Hibernation Soc. (governing bd., dir.), Am. Soc. Zoolo- 9/13/90 93 1 TESTIMONY OF THE HONORABLE DAVID H. SOUTER, TO BE 2 ASSOCIATE JUSTICE OF THE SUPREME COURT 3 Judge Souter. Thank you, Mr. Chairman. I probably 4 should begin by asking you if you can hear me as well as I 5 can hear you. 6 The Chairman. Yes, we can, Judge. 7 Judge Souter. Mr. Chairman, Senator Thurmond, and other 8 members of the committee, as you know, I did not ask to make 9 a formal and pre-prepared statement, but I would like to 10 accept your invitation to say a few words before our dialogue 11 together does begin. 12 I would like to start maybe in a very obvious way simply 13 by saying thanks for some things, to begin with, to thank 14 every member of this committee who, in the waning and the very 15 hectic days that you went through prior to the summer recess, 16 nonetheless found some time to see me when I came by to meet 17 you, in most cases for the first time. I was grateful for 18 the reception and the courtesy that every one of you gave to 19 me. 20 Equally obviously, I would like simply to say here what 21 I have already said privately this morning, or at least 22 quietly this morning, in thanking both Senator Humphrey and 23 Senator Rudman for their generosity to me in their introduc- 24 tion and their sponsorship of me before you. And I will have CER REPORTING CO., INC. i: Street. NE 25 to continue, as I have been trying to do for the past seven hington. D.C. 20002 ) 540-6000 95 1 bear on the kind of judge that I am and the kind of judge 2 that I can be expected to be. 3 I think you know that I spent most of my boyhood in a 4 small town in New Hampshire--Weare New Hampshire. It was 5 town large in geography, small in population. The physical 6 space, the open space between people, however, was not mat 7 by the interspace between them because, as everybody knows 8 who has lived in a small town, there is a closeness of people 9 in a small town which is unattainable anywhere else. There 10 was in that town no section or place or neighborhood that was 11 determined by anybody's occupation or by anybody's bank 12 balance. Everybody knew everybody else's business, or at 13 least thought they did. And we were, in a very true sense, 14 intimately aware of other lives. We were aware of lives that 15 were easy, and we were aware of lives that were very hard. 16 Another thing that we were aware of in that place was 17 the responsibility of people to govern themselves. It was a 18 responsibility that they owed to themselves, and it was a 19 responsibility that they owed and owe to their neighbors. I 20 first learned about that or I first learned the practicalities 21 of that when I used to go over to the town hall in Weare, New 22 Hampshire, on Town Meeting Day. I would sit in the benches 23 in the back of the town hall after school, and that is where 24 I began my lessons in practical government. LER REPORTING CO., INC. C Street, i. H 25 As I think you know, I went to high school in Concord, hangton. 111. 20002 Homour 96 1 New Hampshire, which is a bigger place, and I went on from 2 there to college and to study law in Cambridge, Massachu- 3 setts, and Oxford, England, which are bigger places still. 4 And after I had finished law school, I came back to New 5 Hampshire, and I began the practice law. And I think 6 probably it is fair to say that I resumed the study of 7 practical government. 8 I went to work for a law firm in Concord, New Hampshire, 9 and I practiced there for several years. I then became, as I 10 think you know, an assistant attorney general in the criminal 11 division of that office. I was then lucky to be deputy 12 attorney general to Warren Rudman, and I succeeded him as 13 attorney general in 1976. 14 The experience of government, though, did not wait until 15 the day came that I entered public as opposed to private law 16 practice; because although in those years of private practice 17 I served the private clients of the firm, I also did something 18 in those days which was very common then. Perhaps it is less 19 common today-- I know it is--but it was an accepted part of 20 private practice in those days to take on a fair share of 21 representation of clients who did not have the money to pay. 22 I remember very well the first day that I ever spent by 23 myself in a courtroom. I spent in a courtroom representing a 24 woman whose personal life had become such a shambles that the MILLER REPORTING CO., INC. 307 C Street, N.E. 25 had lost the custody of her children, and she was trying to Washington. D.C. 20002 (202) 546-6666 97 1 - get them back. She was not the last of such clients. I 2 represented clients with domestic relations problems who 3 lived sometimes, it seemed to me, in appalling circumstance 4 I can remember representing a client who was trying to pull 5 her life together after being evicted because she couldn't 6 pay the rent. 7 Although cases like that were not the cases upon which 8 the firm paid the rent, those were not remarkable cases for 9 lawyers in private practice in those days before govern- 10 mentally funded legal services. And they were the cases that 11 we took at that time because taking them was the only way to 12 make good on the supposedly open door of our courts to the 13 people who needed to get inside and to get what courts had to 14 offer through the justice system. 15 I think it is fair to say--I am glad it is fair to say-- 16 that even today, with so much governmentally funded legal 17 service, there are lawyers in private practice in our 18 profession who are doing the same thing. 19 As you know, I did go on to public legal service, and in 20 the course of doing that, I met not only legislators and the 21 administrators that one finds in the government, but I began 22 to become familiar with the criminal justice system in my 23 State and in our Nation. I met victims and sometimes I met 24 the survivors of victims. I met defendants. I met that .TER REPORTING CO., INC. i Sireet, 1. 25 train of witnesses from the clergy to con artists who pass --langton, DC 20002 : 1-10 6666 98 1 through our system and find themselves, either willingly 01 2 unwillingly, part of a search for truth and part of a search 3 for those results that we try to sum up with the words of 4 justice. 5 As you also know, after those years I became a trial 6 judge, and my experience with the working of government and 7 the judicial system broadened there because I was a trial 8 judge of general jurisdiction, and I saw every sort and 9 condition of the people of my State that a trial court of 10 general jurisdiction is exposed to. I saw litigants in 11 international commercial litigation for millions, and I saw 12 children who were the unwitting victims of domestic disputes 13 and custody fights which somehow seemed to defy any reasonable 14 solution, however hard we worked at it. 15 I saw, once again, the denizens of the criminal justi 16 system, and I saw domestic litigants. I saw appellants from 17 the juvenile justice system who were appealing their findings 18 of delinquency. And, in fact, I had maybe one of the great 19 experiences of my entire life in seeing week in and week on.! 20 the members of the trial juries of our States who are right Y 21 called the consciences of our communities. And I worked with 22 them, and I learned from them, and I will never forget my 23 days with them. 24 When those days on the trial court were over, there W. re MILLER REPORTING CO., INC. 307 C Street, N.E. 25 two experiences that I took away with me or two lessons that u ashington. DC. 20002 (-02) 546-6666 99 1 I had learned, and the lessons remain with me today. The 2 first lesson, simple as it is, is that whatever court we ai 3 in, whatever we are doing, whether we are on a trial court 4 an appellate court, at the end of our task some human being 5 is going to be affected. Some human life is going to be 6 changed in some way by what we do, whether we do it as tri 7 judges or whether we do it as appellate judges, as far remo 1 8 from the trial arena as it is possible to be. 9 The second lesson that I learned in that time is that 10 if, indeed, we are going to be trial judges, whose rulings 11 will affect the lives of other people and who are going to 12 change their lives by what we do, we had better use every 13 power of our minds and our hearts and our beings to get tho: 14 rulings right. 15 I am conscious of those two lessons, as I have been for 16 all of the years that I was on an appellate course. I am 17 conscious of them as I sit here today, suddenly finding 18 myself the nominee of the President of the United States to 19 undertake the greatest responsibility that any judge in our 20 republic can undertake: the responsibility to join with 21 eight other people, to make the promises of the Constitution 22 a reality for our time, and to preserve that Constitution for 23 the generations that will follow us after we are gone from 24 here. LH REPORTING CO., INC. Sireet. 25 I am mindful of those two lessons when I tell you this: nington. DC 20002 100 1 That if you believe and the Senate of the United States 2 believes that it is right to confirm my nomination, then I 3 will accept those responsibilities as obligations to all of 4 the people in the United States whose lives will be affected 5 by my stewardship of the Constitution. 6 Thank you, Mr. Chairman. 7 The Chairman. Thank you very much, Judge, for a 8 statement that gives us all more insight into you. When I 9 ended my opening statement, I said "maybe a little glimpse 10 into your heart,' I think you have given us a little glimpse 11 into your heart as well as how you view the responsibility 12 you hope to undertake. 13 Judge, before I begin my questioning, I want to make it 14 clear to you that under precedence-- we can debate and argue, 15 which we will up here, about how long they have existed--but 16 under precedence dating back, as one of my colleagues said, 17 at least to the 1950's, and arguably much earlier, each 18 member of the committee can decide whatever questions he 19 deems proper to ask you. We have never imposed a gag rule 20 any committee member. 21 But, Judge, while we may ask any questions we deem 22 proper, you are free to refuse to answer any questions you 23 deem to be improper. No one is going to try to force you to 24 answer any question you think in good conscience you cannot LER REPORTING CO., INC. Street, NE 25 appropriately address. So, Judge Souter, I trust you are