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Justice for All Page 83

by Jim Newton


  28 “Earl Warren for Governor,” Los Angeles Times, April 11, 1942.

  29 Sweigert, for instance, compiled an extensive memorandum on Olson and how best to challenge his record. The memo was shared with Whitaker and Baxter, and many of its points were made part of the campaign.

  30 Warren daily schedule, April 14, 1942, state archives, attorney general files.

  31 Merrell Small, The Country Editor and Earl Warren, p. 272.

  32 John D. Weaver, Warren: The Man, the Court, the Era, p. 100.

  33 Small, The Country Editor and Earl Warren, p. 234. The episode described here occurred after Warren was elected, but Small presents it as one of many in which Warren was rough on staff members.

  34 Ibid.

  35 Oral history interview with Betty Foot Henderson, The Warrens: Four Personal Views, p. 8.

  36 Oral history interview with William T. Sweigert, Sr., Administration and Ethics in the Governor’s Office and the Courts, California, 1939-1975, p. 126.

  37 Oral history interview with Betty Foot Henderson, The Warrens: Four Personal Views, p. 10.

  38 Oral history interview with Leone Baxter, part of an incomplete oral history transcript, p. 72, BL (interviewed June 23, 1972).

  39 Oral history interview with William T. Sweigert, Sr., Administration and Ethics in the Governor’s Office and the Courts, California, 1939-1975, pp. 52-53.

  40 Ibid., p. 43.

  41 Sweigert memo to Warren, originally written sometime in the late spring or early summer 1942, revised at least once as of Aug. 11, 1942, contained as Appendix to oral history interview with William T. Sweigert, Sr., Administration and Ethics in the Governor’s Office and the Courts, California, 1939-1975.

  42 Speech to Council of Republican Women of Visalia, June 17, 1942, state archives, attorney general files, speeches file.

  43 Burke, Olson’s New Deal for California, p. 226.

  44 Kevin Starr, Endangered Dreams, p. 205.

  45 Warren pension address to Eagles Convention, Sacramento, June 21, 1942, state archives, attorney general papers, Speeches file.

  46 Radio address delivered in Oakland and broadcast statewide on Aug. 24, 1942, at 7:15 P.M., state archives, attorney general papers, Speeches file.

  47 Undated address on education, state archives, attorney general papers, Speeches file.

  48 Stockton Independence Day address, July 3, 1942, state archives, attorney general papers, Speeches file.

  49 California Indicts Governor Olson, The Truth About California’s Home Defense, private collection of Stanley Mosk, held by Judge Richard Mosk.

  50 Whitaker letter to Charles Blyth, Aug. 12, 1942, state archives, Whitaker and Baxter papers, Campaign Issues file.

  51 Whitaker telegram to Palmer, Aug. 10, 1942, state archives, Whitaker and Baxter papers, Surveys file.

  52 Palmer telegram to Whitaker, Aug. 12, 1942, state archives, Whitaker and Baxter papers, Surveys file.

  53 Warren letter to Knowland, Sept. 4, 1942, state archives, Warren personal papers, William Knowland file, 1941-53.

  54 Memoirs, p. 161.

  55 San Francisco Chronicle, Oct. 12, 1942.

  56 Burke, Olson’s New Deal for California, p. 226.

  57 San Francisco Chronicle, Oct. 12, 1942.

  58 Memoirs, pp. 158-59.

  59 Ibid., p. 158.

  60 Burke, Olson’s New Deal for California, p. 216.

  61 Oral history interview of Leone Baxter, BL (incomplete transcript on file), p. 76.

  62 Memoirs, p. 162.

  63 Ibid., p. 165. The misspelling was Warren’s own, as is reflected in the unedited copy of his manuscript, on file at the Bancroft Library.

  64 Warren speech to the Commonwealth Club, San Francisco, Jan. 29, 1943, state archives, gubernatorial papers, Speeches, Alpha File “C.”

  65 Memoirs, p. 166.

  66 Warren daily schedule, Nov. 5, 1942, state archives, attorney general files.

  CHAPTER 10. ASSUMPTION OF POWER

  1 Richard B. Harvey, Earl Warren, Governor of California, p. 20.

  2 Details of the speech and ceremony come from the Assembly Daily Journal, Jan. 4, 1943.

  3 Los Angeles Times, Jan. 5, 1943.

  4 Los Angeles Times, Jan. 5, 1943 (“Governor Warren’s Inaugural Address”).

  5 Oral history interview with Helen MacGregor, A Career in Public Service with Earl Warren, p. 165.

  6 Memoirs, p. 172.

  7 Sweigert memo to Warren, Jan. 11, 1943, state archives, gubernatorial papers, Administrative Memoranda file, January 1943.

  8 Memoirs, p. 168. See also oral history interview with Nina “Honey Bear” Brien, Earl Warren: The Governor’s Family. Details about the history of the home come from the museum on the mansion grounds today.

  9 Author interview with Nina “Honey Bear” Brien, May 7, 2004.

  10 Oral history interview with Betty Foot Henderson, The Warrens: Four Personal Views, pp. 36-37.

  11 Oral history interview with Irving and Jean Stone, The Warrens: Four Personal Views, p. 20b.

  12 In Warren letter to Frank Snyder, June 26, 1947, state archives, Warren personal papers, Warren family file.

  13 Author interviews with Robert Warren and Nina “Honey Bear” Brien.

  14 Author interview with Nina “Honey Bear” Brien, May 6, 2004.

  15 The identification of the Warren family with California is perhaps best captured by Kevin Starr in Embattled Dreams, where he describes a British student dancing with Honey Bear in 1953. It was, as Starr writes, “as if he were dancing with California herself” (p. 280).

  16 Author interview with Earl Warren, Jr., Nov. 25, 2003.

  17 Author interview with Robert Warren, March 12, 2004.

  18 John Weaver, Warren: The Man, the Court, the Era, p. 125.

  19 Author interview with Nina “Honey Bear” Brien, Jan. 28, 2004.

  20 Ibid.

  21 MacGregor “confidential” memo to Warren, Jan. 11, 1943, state archives, administrative files, administrative memoranda, Jan. 1943 folder.

  22 Author interview with William Allen, Nov. 14, 2005.

  23 Author interview with Otis Chandler, Feb. 5, 2004.

  24 Oral history interview with Walter Jones, Bee Perspectives on the Warren Era, p. 6.

  25 Author interview with William Allen, Nov. 14, 2005. Allen went on to know Warren better: He clerked for the chief justice in 1956-57, the only former reporter ever to do so.

  26 Memoirs, p. 210.

  27 Los Angeles Times, Jan. 6, 1942.

  28 Starr, Embattled Dreams, p. 66.

  29 Ibid., p. 74.

  30 Author interview with Jeffrey Warren, Aug. 26, 2003.

  31 David Lavender, California: Land of New Beginnings, p. 395.

  32 California State Department of Finance report, Adversity Begets Prosperity, 1930-1945.

  33 Ibid.

  34 Starr, Embattled Dreams, pp. 105-11.

  35 Robert Kenny, “My First Forty Years in California Politics,” p. 185.

  36 Warren speech to the Commonwealth Club, San Francisco, Jan. 29, 1943, state archives, gubernatorial papers, Speeches, Alpha File “C.”

  37 Warren speech to Commonwealth Club, San Francisco, Jan. 7, 1944, state archives, gubernatorial papers, Speeches, Alpha File “C.”

  38 See Warren’s proposed California State Budget, July 1, 1949-June 30, 1950. Copies available through state archives, Los Angeles Public Library.

  39 State budget, 1943-1945, governor’s budget message.

  40 New Republic, Oct. 18, 1943.

  41 Ibid.

  42 On the issue of the cut in pay, see Warren speech to the Commonwealth Club, San Francisco, Jan. 29, 1943, state archives, gubernatorial papers, Speeches, Alpha File “C.”

  43 Memoirs, p. 225. See also Papers of Charles H. Purcell, California State Library, Sacramento; and Drew Pearson notes of Aug. 16, 1967, interview with Warren, in Pearson papers, LBJ Library.

  44 Weaver, Warren: The Man, the Court, the Era, p. 128.


  45 Memoirs, p. 180.

  46 California State Budget, July 1, 1949-June 30, 1950. See also budget for 1947-1948.

  47 Warren address to National Convention of the American Bar Association, Section on Criminal Law, Oct. 29, 1946, reprinted in The Public Papers of Chief Justice Earl Warren, p. 24.

  48 Oral history interview with Warren, Conversations with Earl Warren on California Government, p. 129.

  49 Memoirs, p. 192.

  50 Oral history interview with Helen MacGregor, A Career in Public Service with Earl Warren, pp. 15-17.

  51 Oral history interview with Warren, Conversations with Earl Warren on California Government, p. 130. Also Memoirs, p. 194. Slight variations on this exchange have been reported over the years, but none differs substantively from this account.

  52 Harvey, Earl Warren, Governor of California, p. 73.

  53 Warren address to Conference on Aging, Oct. 15, 1951, state archives, gubernatorial papers, Speeches, Alpha File “A.”

  54 Ibid.

  55 Harvey, Earl Warren, Governor of California, p. 77.

  56 Ibid., p. 76.

  57 Memoirs, p. 207.

  58 Harvey, Earl Warren, Governor of California, p. 72.

  59 Author interview with Ira Michael Heyman, Oct. 21, 2003.

  60 Time, Jan. 31, 1944.

  61 Leo Katcher, Earl Warren: A Political Biography, pp. 180-81.

  62 Moley letter to Warren, April 24, 1944, HI, Moley papers, Warren correspondence, Box 57, Folder 62.

  63 Warren address to the Republican National Convention, Chicago, June 26, 1944, state archives, gubernatorial papers, Speeches, Alpha Files, “Political, 1944.”

  64 Warren daily calendar, Oct. 14, 1944, state archives, gubernatorial papers, 1944 appointment books.

  65 Los Angeles Times, Oct. 15, 1944.

  66 Oral history interview with William T. Sweigert, Sr., Administration and Ethics in the Governor’s Office and the Courts, California, 1939-1975, p. 92.

  67 Los Angeles Times, Nov. 4, 1944.

  68 Weaver, Warren: The Man, the Court, the Era, pp. 139-40. Weaver attributes this comment merely to “a state official,” but other sources, including Katcher, Earl Warren: A Political Biography and later interviews with Kenny, make clear that he was the source.

  CHAPTER 11. CALIFORNIA’S FAIL DEAL GOVERNOR

  1 Richard B. Harvey, Earl Warren, Governor of California, p. 20.

  2 Leo Katcher, Earl Warren: A Political Biography, p. 187.

  3 Confidential memo by William Sweigert comparing health plans, state archives, gubernatorial papers, health insurance files, March 8, 1945. These files were not yet indexed at the time of this research; they are contained in two boxes of material within the Warren gubernatorial papers.

  4 Confidential memo by William Sweigert comparing health plans, state archives, gubernatorial papers, health insurance files, March 8, 1945.

  5 Undated memo, “Governor Warren’s Recommendation to the Legislature for Prepaid Medical Care,” state archives, gubernatorial papers, health insurance files.

  6 The date is from Warren’s calendar, state archives; the place from oral history interview with William T. Sweigert, Sr., Administration and Ethics in the Governor’s Office and the Courts, California, 1939-1975, p. 74.

  7 Oral history interview with John Cline, Earl Warren and Health Insurance, 1943-49, pp. 15f.

  8 Oral history interview with William T. Sweigert, Sr., Administration and Ethics in the Governor’s Office and the Courts, California, 1939-1975, p. 74.

  9 Los Angeles Times, Dec. 30, 1944.

  10 Biennial Message of Earl Warren, Governor of the State of California, Jan. 8, 1945, state archives, gubernatorial papers, health insurance file.

  11 Los Angeles Times, Dec. 28, 1944.

  12 Lloyd Ray Henderson, “Earl Warren and California Politics,” p. 181 (citing Los Angeles Medical Association Bulletin of Jan. 18, 1945).

  13 John Weaver, Warren: The Man, the Court, the Era, p. 137.

  14 See Merrell Small, The Country Editor and Earl Warren, for a discussion of the governor’s messages to the legislature and the effort to compose them.

  15 Biennial Message of Earl Warren, Governor of the State of California, Jan. 8, 1945, state archives, gubernatorial papers, health insurance file, p. 4.

  16 Ibid., pp. 6-7.

  17 Ibid., p. 9.

  18 Stanley Kelley, Professional Public Relations and Political Power, p. 48.

  19 Katcher, Earl Warren: A Political Biography, p. 188.

  20 Kelley, Professional Public Relations and Political Power, p. 57.

  21 Clem Whitaker, “Political Parade,” Feb. 5, 1945, state archives, gubernatorial papers, health insurance file, clippings, 1945.

  22 Weaver, Warren: The Man, the Court, the Era, pp. 137-38.

  23 Author interview with Virginia Daly, May 31, 2004.

  24 Radio address, Feb. 21, 1945, state archives, gubernatorial papers, health insurance file.

  25 Radio address, Feb. 28, 1945, state archives, gubernatorial papers, health insurance file.

  26 Ibid.

  27 Sweigert memo to Warren, March 12, 1945, state archives, gubernatorial papers, health insurance file, March-April 1945.

  28 Memoirs, p. 188.

  29 Small, The Country Editor and Earl Warren, p. 126.

  30 Oral history interview with William T. Sweigert, Sr., Administration and Ethics in the Governor’s Office and the Courts, California, 1939-1975, p. 82.

  31 David Kennedy, Freedom from Fear, p. 809.

  32 Ibid., p. 857.

  33 These casualty figures are derived from two documents: “State Summary of War Casualties,” prepared by the Navy Department, lists 6,446 Navy, Marine, and Coast Guard combat deaths, as well as 266 prison camp deaths. It also notes that 70 men were considered missing. “World War II, Honor List of Dead and Missing, State of California,” published by the War Department, tabulates Army and Air Force casualties. It cites 16,916 California fatalities (killed in action, died of wounds, died of injuries, etc.), and 106 missing, for a total of 17,022 presumed fatalities. Both documents are available through the National Archives’ online holdings: http://www.archives.gov/research/arc/ww2/.

  34 Kevin Starr, Embattled Dreams, p. 194.

  35 Life, Jan. 10, 1946.

  36 Ibid.

  37 Biographical Directory of the United States Congress.

  38 Oral history interview with Richard Rodda, Bee Perspectives on the Warren Era, p. 13r.

  39 Memoirs, p. 187.

  40 Los Angeles Times, Dec. 18, 1944 (Associated Press transcript of Warren statement). The FBI, whose director, Hoover, had opposed the internment, commented on Warren’s defense of the returning Japanese with a notable lack of charity. Warren, a bureau memo signed by Agent R. B. Hood observed, “saw it was politically expedient to stand behind the Army and was quoted in the Los Angeles press as addressing an appeal to the people of California to respect and comply with the Army’s orders.” Hood memo to Hoover, Dec. 8, 1948, FBI document 100-202315, Charns, Warren papers, Folder 78.

  41 Robert W. Kenny, “My First Forty Years in California Politics, 1922-1962,” p. 222.

  42 Oral history interview with Robert Kenny, Earl Warren: Fellow Constitutional Officers, p. 478.

  43 Henderson, “Earl Warren and California Politics,” p. 236.

  44 California State Archives, election returns.

  45 Weaver, Warren: The Man, the Court, the Era, p. 149.

  46 San Francisco Special Agent in Charge to Hoover, Aug. 6, 1946, FBI document 100-3-72-86, Charns, Warren papers, Folder 87.

  47 William Sweigert, “The Legend of the Earl of Warren,” included in Administration and Ethics in the Governor’s Office and the Courts, California, 1939-1975.

  CHAPTER 12. IN COMMAND

  1 Herman Perry letter to Bernard C. Brennan, March 10, 1952, National Archives, Laguna Niguel branch office, Nixon pre-presidential papers, correspondence, Perry file.

  2 Perry letter to Lance
D. Smith, Oct. 3, 1945, reprinted in interview with Roy Day, Richard M. Nixon in the Warren Era, p. 6.

  3 Irwin F. Gellman, The Contender, p. 44 (cited to Monrovia News-Post, March 11, 1946).

  4 Gellman, The Contender, p. 77.

  5 Oral history interview with Earl Adams, Richard M. Nixon in the Warren Era, p. 30.

  6 Gellman, The Contender, p. 70.

  7 Kevin Starr, Embattled Dreams, p. 285.

  8 Gellman, The Contender, p. 71.

  9 See, for instance, letter to Major General Curtis O’Sullivan from Warren’s appointment secretary, July 14, 1948, state archives, administrative files, governor’s office, administrative memoranda file. Warren refers to the plane on p. 215 of his Memoirs.

  10 Inaugural Address, Jan. 6, 1947, from “Governors of California,” courtesy California Secretary of State’s office.

  11 Ibid.

  12 Russell H. Conwell, “Acres of Diamonds,” p. 64.

  13 Lloyd Ray Henderson, “Earl Warren and California Politics,” p. 277.

  14 Memoirs, p. 208.

  15 Los Angeles Times, March 20, 1947. Quoted also in John Weaver, Warren: The Man, the Court, the Era, pp. 141-42.

  16 Henderson, “Earl Warren and California Politics,” p. 302.

  17 Memoirs, p. 209

  18 Oral history interview with Warren, Conversations with Earl Warren on California Government, p. 173. Warren also complained about Keck to Drew Pearson during an Aug. 17, 1967, interview, see Pearson notes from that day, Pearson papers, LBJ Library.

  19 California State Budget, July 1, 1947-June 30, 1948, governor’s message.

  20 Mendez v. Westminster (1946), 64 F. Supp. 544.

  21 Ibid.

  22 Sections 8003 and 8004 of the California Education Code.

  23 Oral history interview with Bartley Cavanaugh, Hunting and Fishing with Earl Warren, pp. 5-6.

  24 Swig letter to Warren, April 11, 1961, LOC, MD, Warren papers, personal papers, Ben Swig file.

  25 Undated manuscript of a Warren biography that Pearson began in the late 1960s. Pearson died without finishing the book; a copy of the unfinished draft is with his papers at the LBJ Library.

  26 Those recollections are taken from Pearson’s manuscript, which does not have page numbers; all the quotations come from chapter 2. Pearson papers, LBJ Library.

 

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