by Jim Newton
27 Oral history interview with Betty Foot Henderson, The Warrens: Four Personal Views, p. 25.
28 Ibid., p. 27.
29 Oral history interview with Nina “Honey Bear” Brien, The Governor’s Family, p. 7.
30 Oral history interview with Betty Foot Henderson, The Warrens: Four Personal Views, p. 28.
31 Author interviews with Robert Warren, March 12, 2004, and Jan. 11, 2005.
32 Oral history interview with Betty Foot Henderson, The Warrens: Four Personal Views, p. 47.
33 Ibid., p. 52.
34 Ibid., p. 32.
35 Ibid., p. 53.
36 Sproul speech to Republican National Convention, June 23, 1948, state archives, gubernatorial papers, Speeches Alpha File, “Political.”
37 Ibid.
38 Ibid.
39 Warren appointment-book entry, June 25, 1948, state archives, gubernatorial papers, appointment files, 1948.
40 Diary of Drew Pearson, entry for Aug. 15, 1963, LBJ Library.
41 Memoirs, p. 241.
42 Ibid. Also author interview with Robert Warren, Dec. 11, 2003; Robert Warren does not remember speaking those words, but says he’s often been told that he did.
43 Weaver, Warren: The Man, the Court, the Era, p. 154.
44 Associated Press photograph.
45 Time, Sept. 27, 1948.
46 Memoirs, p. 242.
47 Oral history interview with William T. Sweigert, Sr., Administration and Ethics in the Governor’s Office and the Courts, California, 1939-1975, p. 106.
48 Time, Sept. 27, 1948.
49 Warren speech in Reno, Sept. 15, 1948, state archives, gubernatorial papers, Speeches, Alpha File “Political, 1948.”
50 Warren speech in Cincinnati, Sept. 23, 1948, state archives, gubernatorial papers, Speeches, Alpha File “Political, 1948.”
51 Author interview with Virginia Daly, May 31, 2004.
52 Gary A. Donaldson, Truman Defeats Dewey, p. 179.
53 Ibid., p. 180.
54 Memoirs, p. 248.
55 Warren speech in Wenatchu, Washington, Oct. 14, 1948, state archives, gubernatorial papers, Speeches, Alpha file “Political, 1948.”
56 Warren speech in Sacramento, Oct. 18, 1948, state archives, gubernatorial papers, Speeches, Alpha file “Political, 1948.”
57 Donaldson, Truman Defeats Dewey, p. 209.
58 R. B. Hood to Hoover, Dec. 8, 1948, FBI document 100-202315, Charns, Warren files, Folder 78.
59 See, for example, the Nov. 15, 1951, Bureau memo replying to Warren’s request of Nov. 9, 1951. In that instance, the FBI found no derogatory information on seventeen of nineteen names submitted by Warren, but did raise issues with two. FBI document 94-1-5619-113.
60 San Francisco Special Agent in Charge to Hoover, Oct. 16, 1950, FBI document 61-10149-1466, Charns, Warren files, Folder 89. Interestingly, the alleged Communist identified by the FBI was Aubrey Grossman, one of the defense lawyers from the Point Lobos case.
61 L. B. Nichols to Tolson, May 7, 1953, FBI document 94-1-5619-178.
62 See, for instance, Tracy to Hoover, Sept. 23, 1951, FBI document 94-1-5619-107, noting Warren’s speech to the American Bar Association, and Hoover’s Sept. 25 note to Warren (same document number).
63 Warren telegram to Cabell Phillips, New York Times, March 4, 1948.
CHAPTER 13. LOYALTY
1 David P. Gardner, The California Oath Controversy, p. 145.
2 Arthur H. Samish, The Secret Boss of California, p. 131. Tenney thought he smelled Communists in Warren’s camp as well. Not knowing of Hoover’s affection for Warren, Tenney alerted the FBI’s Los Angeles office that he suspected “Hollywood Communist screenwriters” of helping draft Warren speeches. There is no evidence of Bureau action. FBI document 100-273526-3, Charns, Warren files, Folder 78.
3 The Sproul-Warren correspondence stretches across Warren’s entire professional life, from his days as Alameda district attorney through his time on the United States Supreme Court. In those later years, Sproul often called on Warren when business brought him to Washington.
4 Truman announcement that the Soviets had exploded an atomic bomb, Sept. 23, 1949. Yale Law School archives, Avalon Project.
5 Gardner, The California Oath Controversy, pp. 24-29, 126. I am particularly indebted in this chapter to Gardner’s meticulous history of the oath controversy. Although others have written about the events of those years, Gardner’s work remains the definitive account. Gardner went on to serve as chancellor of the university.
6 Minutes of the California Board of Regents meeting, March 25, 1949.
7 Gardner, The California Oath Controversy, p. 26.
8 Ibid., p. 30.
9 Memoirs, pp. 84-85.
10 Letter from Neylan to Warren, Feb. 9, 1943, and Warren reply, state archives, gubernatorial papers, correspondence file “N.”
11 Memoirs, p. 218.
12 Gardner, The California Oath Controversy, p. 105.
13 Ibid., p. 107.
14 Warren letter to Griffiths, April 7, 1941; Griffiths letter to Warren, April 24, 1941; Warren Horner letter to Warren, June 5, 1941, state archives, personal papers, Bohemian Club file, 1941-53.
15 Los Angeles Times, March 1, 1950 (from Chronicle News Bureau).
16 Los Angeles Times, March 2, 1950.
17 Los Angeles Times, March 3, 1950.
18 Oral history interview with John Francis Neylan, Politics, Law, and University of California, p. 188.
19 Los Angeles Times, March 9, 1950, one of many references to this resolution in news coverage in March.
20 Gardner, The California Oath Controversy, p. 143.
21 Ibid., p. 145.
22 Los Angeles Times, April 1, 1950.
23 Robert Leckie, Conflict: The History of the Korean War, p. 54.
24 Ibid.
25 Text of Truman speech of July 19, 1950, contained in the papers of George M. Elsey, Truman Presidential Museum and Library.
26 Memoirs, p. 221.
27 The precise date of the conversation between Warren and Chandler is not preserved, but the context of the conversation makes clear that it was in 1950, and the Grove’s annual encampment that year was from July 14 to July 30. Since the regents met on July 21, it seems likely that Warren and Chandler spoke sometime between July 14 and July 21, 1950.
28 Los Angeles Times, July 22, 1950.
29 Los Angeles Times, Sept. 21, 1950. In October 1950, the State of California distributed Survival Under Atomic Attack, a thirty-two-page pamphlet with tips for surviving such an attack. The pamphlet was distributed by the California Office of Civil Defense; on the cover was the state seal over the words “Earl Warren, Governor.”
30 Undated memo, LOC, MD, Warren personal papers, confirmation file. The memo was prepared at the request of Deputy Attorney General William Rogers and included in the FBI’s background report prepared in connection with Warren’s confirmation to the Supreme Court. A copy of the memo is included in that file as well.
31 Memoirs, p. 198.
32 Los Angeles Special Agent in Charge to Hoover, Sept. 16, 1947, FBI document 62-75147-26-205, Charns, Warren files, Folder 85.
33 Fortnight, Nov. 5, 1948.
34 Final Report of The Special Crime Study Commission on Organized Crime, p. 17.
35 Collier’s, Aug. 13, 1949.
36 Ibid.
37 Samish, The Secret Boss of California, p. 173.
38 Warren daily schedules for May 1950, state archives, attorney general files.
39 “Report to the People” (1950), published by Friends of Earl Warren as campaign material.
40 Richard B. Harvey, Earl Warren, Governor of California, pp. 114-16.
41 Ibid., pp. 134-36.
42 NBC broadcast, Oct. 20, 1950, transcript in state archives, gubernatorial papers, Speeches, Alpha File “Political,” May 24, 1950-1952.
43 Roosevelt statement Aug. 6, 1950, and Warren response, state archives, gubernatorial papers, Speeches, Alpha File “Political,�
�� May 24, 1950-1952.
44 Los Angeles Times, Feb. 23, 1950.
45 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.
46 Los Angeles Times, Sept. 13, 1950.
47 Undated Douglas-Marcantonio Voting Record flyer, distributed in 1950 campaign.
48 Oral history interview with Frank Jorgensen, Richard M. Nixon in the Warren Era, p. 47.
49 Ibid.
50 Leo Katcher, Earl Warren: A Political Biography, p. 261.
51 Los Angeles Times, May 28, 1950.
52 Warren speech to Sailors Union, Nov. 3, 1950, state archives, gubernatorial papers, Speeches, Alpha File “Political.”
53 Ibid.
54 Warren daily schedule, Nov. 7, 1950, state archives, attorney general files.
55 Author interview with Nina “Honey Bear” Brien, Jan. 28, 2004.
56 Sacramento Bee, Oct. 30, 1977 (profile of Nina Warren).
57 Associated Press report Nov. 8, 1950 (as carried in the Santa Barbara News-Press).
58 Sacramento Bee, Oct. 30, 1977 (profile of Nina Warren).
59 Santa Barbara News-Press, Nov. 7, 1950. The quotation is from Warren’s driver, Pat Patterson.
60 Author interview with Nina “Honey Bear” Brien, Jan. 28, 2004. See also Weaver, p. 162, and news reports from AP, Sacramento Bee, and others.
61 Associated Press report, Nov. 8, 1950.
62 Appointment book for 1950, California State Archives, attorney general papers, daily calendars file.
63 Oral history interview with Betty Foot Henderson, The Warrens: Four Personal Views, p. 20.
64 Daily calendar, March 6, 1951, state archives, governor’s administrative file. See also letters of condolence file.
65 Warren letter to C. E. Bates, Feb. 26, 1951, state archives, personal papers, Nina Warren file, 1950-52.
66 Author interview with Bill Boyarsky.
67 A sampling of the mail to Honey Bear is preserved at the state archives in Sacramento, personal papers, Nina Warren file, 1950-52.
68 Warren letter to Ray Brown, May 16, 1951, state archives, personal papers, Nina Warren file, 1950-52.
69 Author interview with Warren Olney IV, Feb. 10, 2004.
70 Earl Warren, A Republic, If You Can Keep It, p. 2.
71 Warren to Sproul, Jan. 16, 1956, BL, Sproul personal papers, Warren correspondence.
72 Kenny to Warren, Nov. 5, 1952, state archives, gubernatorial papers, administrative files, Elections—General, 1952.
CHAPTER 14. “TRAITOR IN OUR DELEGATION”
1 Los Angeles Times, June 20, 1952.
2 Los Angeles Times, July 4, 1952.
3 Oral history interview with Frank Jorgensen, Richard M. Nixon in the Warren Era, p. 69.
4 Author interview with Virginia Daly, May 31, 2004.
5 Calendars, Jan. 17-19, 1952, state archives, Governor’s Administrative Files, Daily Calendars, 1952.
6 M. F. Small memo to James Oakley, Feb. 28, 1952, state archives, 1952 Presidential Campaign files, Finance/General, Jan.-May 31, 1952.
7 “The Washington Merry-Go-Round,” Feb. 21, 1952, copy of the column in Pearson’s papers, LBJ Library.
8 Reporters’ Roundup, Warren interview, Feb. 14, 1952, state archives, Warren papers, Administrative files, Alpha File “Political,” 1950-1952.
9 Memoirs, p. 250.
10 New York Times, May 19, 1952.
11 Memoirs, p. 252.
12 Stephen E. Ambrose, Eisenhower, Soldier and President, pp. 238-50.
13 Ibid., p. 248.
14 Undated memorandum titled “Republican National Convention, July 1952, Chicago, Ill.,” HI, Box 3, Political Parties, Republican Party folder. This memo is signed by the author, but use of it is conditioned on not divulging the author’s name.
15 Ambrose, Eisenhower, Soldier and President, p. 265 (taken from interview with Jacqueline Cochran, Eisenhower Library).
16 Associated Press poll, July 4, 1952, reported in the Los Angeles Times.
17 Reporters’ Roundup, Feb. 14, 1952, state archives, Warren speeches, Alpha File “Political,” 1950-1952.
18 Neylan statewide radio address, May 7, 1952, clip of the speech at National Archives, Warren confirmation files, Box 53.
19 Oral history interview with Victor Hansen, Earl Warren’s Campaigns, vol. 2, p. 68w.
20 John Weaver, Warren: The Man, the Court, the Era, p. 179.
21 Helyn E. Noid to Nixon, June 9, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Herman Perry correspondence file.
22 Oral history interview with Keith McCormac, Earl Warren’s Campaigns, vol. 3, p. 112.
23 Undated “Declaration of Policy,” Free Werdel G.O.P. Delegation, excerpted in oral history interview with Keith McCormac, Earl Warren’s Campaigns, vol. 3, p. 97.
24 The poll and its results are held at RNLB. Weaver (Warren: The Man, the Court, the Era, pp. 180-83), among others, discusses the poll and Nixon’s preconvention moves.
25 Memoirs, p. 251.
26 Los Angeles Times, June 20, 1952.
27 Perry to Brennan, April 21, 1952, RNLB, correspondence files.
28 Perry to Brennan, May 12, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Perry correspondence file.
29 Nixon to Brennan, June 9, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Brennan correspondence file.
30 Perry to Nixon, June 12, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Perry correspondence file.
31 Nixon to Perry, June 16, 1952, National Archives (Laguna Niguel), Nixon pre-presidential papers, Perry correspondence file.
32 Los Angeles Times, July 6, 1952.
33 Roger Morris, Richard Milhous Nixon, p. 693; see also Leo Katcher, Earl Warren: A Political Biography, pp. 288-89.
34 Oral history interview with Frank Jorgensen, Richard M. Nixon in the Warren Era, p. 69.
35 Katcher, Earl Warren: A Political Biography, p. 291.
36 Memoirs, p. 252.
37 The exchange with Taft is recounted ibid., pp. 252-53.
38 Undated memorandum titled “Republican National Convention, July 1952, Chicago, Ill.,” HI, Box 3, Political Parties, Republican Party folder. (See note 14 above.)
39 Given the importance of the vote on the Fair Play Amendment, it seems likely that this was the matter that Warren was referring to when he threatened to hurt Eisenhower’s candidacy if Nixon was not reined in.
40 Oral history interview with Thomas Mellon, Earl Warren’s Campaigns, vol. 2, p. 9q.
41 Los Angeles Times, July 11, 1952.
42 Memoirs, p. 254.
43 Oral history interview with Victor Hansen, Earl Warren’s Campaigns, vol. 2, p. 89w.
44 Memoirs, p. 251-52.
45 Small to Warren, Aug. 25, 1972, Warren memoirs file, BL.
46 Los Angeles Times, Aug. 4, 1952.
47 Los Angeles Times, Aug. 6, 1952.
48 Memoirs, p. 255.
49 Warren telegram to Nixon, Sept. 11, 1952, RNLB, correspondence files.
50 Oral history interview with Keith McCormac, Earl Warren’s Campaigns, vol. 3, pp. 190-92.
51 Morris, Richard Milhous Nixon, pp. 759-61.
52 New York Post, Sept. 18, 1952 (quoted in Morris, Richard Milhous Nixon, p. 762).
53 New York Post, Sept. 22, 1952.
54 Nixon memorandum of telephone conversation, Sept. 20, 1952, RNLB.
55 Ibid.
56 Stassen telegram to Nixon, Sept. 21, 1952, RNLB, correspondence files.
57 “Warren Silent on Nixon Fund,” Sept. 23, 1952, RNLB, fund files.
58 Nixon address, Sept. 23, 1952, copy from Los Angeles Times History Center, Jim Bassett files.
59 Ibid.
60 Author interview with Herb Klein, March 23, 2004.
61 Ambrose, Eisenhower, Soldier and President, p. 280.
62 Ibid., p.
282.
63 Warren memorandum to the conference, May 15, 1965, Princeton University, Mudd Library, John Marshall Harlan papers, Correspondence, Earl Warren file.
64 Katcher, Earl Warren: A Political Biography, p. 294.
65 Ronald Humphreys telegram to Murray Chotiner, Sept. 23, 1952, RNLB, fund file.
66 Los Angeles Times, Nov. 1, 1952.
67 Memoirs, p. 215.
68 Farewell message to the people of California, Oct. 2, 1953, state archives, administrative files, speeches, Alpha file “F.”
69 Oral history interview with Royce D. Delmatier, The Rumble of California Politics, 1848-1970, p. 317.
70 “Earnings and House, by Industry, California,” annual reports from 1940 to 1953, State Department of Industrial Relations.
71 Farewell message to the people of California, Oct. 2, 1953, state archives, administrative files, speeches, Alpha file “F.”
72 Interviewed about the case by the Earl Warren Oral History Project in 1971 and 1972, Warren grew agitated. “Nobody,” he insisted, “came to court and testified to anything of that kind [meaning mistreatment of the suspects].” Warren, the transcript notes, banged his hand on the table as he spoke. Oral history interview with Warren, Conversations with Earl Warren on California Government, p. 76.
73 Ibid., p. 142.
74 Oral history interview with Ernest O. Ramsay, The Shipboard Murder Case, p. 38.
CHAPTER 15. THE CHIEF AND HIS COURT
1 For the judicial profiles of Warren’s colleagues in this chapter, I have drawn from a wide variety of sources, intermingling them in such a way that makes specific attribution at times difficult. These sketches owe much to Henry Abraham’s Justices and Presidents, Lucas Powe’s The Warren Court and American Politics, and Edward G. White’s The American Judicial Tradition (expanded edition) and to leading biographies on the major justices—namely, Roger K. Newman’s Hugo Black, Eugene Gerhart’s America’s Advocate: Robert Jackson, Urofsky’s Felix Frankfurter, and Bruce Murphy’s Wild Bill (Douglas). Those extraordinarily capable secondary sources are supplemented by the personal papers of Douglas, Harlan, Brennan, Burton, Black, Warren, and Frankfurter, as well as the relevant cases, cited separately.
2 Earl Warren, A Republic, If You Can Keep It, p. 6.
