SIR KNIGHT EARL WARREN - From Golden State Grand Master to Governor and Chief Justice

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SIR KNIGHT EARL WARREN - From Golden State Grand Master to Governor and Chief Justice
SIR KNIGHT EARL WARREN
 From Golden State Grand Master to
    Governor and Chief Justice
                                         By
                                Sir Knight Ivan Tribe

    In the middle decades of the twen- cific came under frequent criticism from
tieth century, no well-known American political reformers for its corporate and
Mason was more celebrated than Harry near monopolistic power. Although the
S. Truman, who rose from haberdasher young Warren later worked as a “call
to Missouri Grand Master, Senator, Vice boy” for that company, he became a crit-
President, and ultimately President. Not ic of that firm and tied his early political
far behind Brother Truman in terms of wagon to that of Progressive-Republican
impact was Sir Knight Earl Warren who Sir Knight Hiram Johnson (see article in
also served as a Grand Master, state At- Knight Templar, October 2004). At home,
torney General, Gover-                                     Earl’s parents, who had
nor, and Chief Justice                                       moved to Bakersfield,
of the United States                                         taught him the values
Supreme Court. Both                                          of temperance, hard
men came from mod-                                           work,      self-sacrifice,
est origins, joined lodg-                                    and education.
es before they were                                              Earl Warren left Ba-
thirty, and joined the                                       kersfield in 1908 to at-
military during World                                        tend the University of
War I. But in other                                          California at Berkeley.
respects—except that                                         Upon receiving his B.
both men ran for Vice                                        A. in 1912, he entered
President—their ca-                                          law school from which
reers took different                                         he graduated in 1914.
paths. Assuming that                                         While in law school
the Truman story is                                          the student exhibited
better known, this                                           a maverick streak by
article examines the                                         working part-time for
life and career of Sir                                       a legal firm in viola-
Knight Warren.                                              tion of rules and by re-
    Earl Warren was born in Los Angeles fusing to speak in class. Warren argued
on March 19, 1891, the son of Scandi- that passing the exams was sufficient.
navian immigrants. His father labored Earl passed the tests but found “lawyer-
for the Southern Pacific Railroad and ing” to be a disappointment. So when
had once lost his job through participa- the United States entered the World
tion in labor disputes. The Southern Pa- War, he joined the army and rose to the
knight templar                                                                      25
SIR KNIGHT EARL WARREN - From Golden State Grand Master to Governor and Chief Justice
rank of first lieutenant by the time of his   law enforcement became his by-words.
discharge on December 18, 1918.               Critics might have added ruthlessness to
    Following a short visit with his fam-     those words as well. His successful pros-
ily, the young veteran went to Oakland        ecutions included that of Alameda County
where he took a $7.00 a day job as a          Sheriff, several deputies, prostitution rings,
court clerk. Over the next few months         gambling, and other activities associated
he took his blue lodge degrees in Se-         with organized crime. Warren also pushed
quoyah Lodge No. 349. Raised to the           hard for better training of police officers
sublime degree of Master Mason on             and more scientific study of evidence. The
November 1, 1919, Warren joined the           prosecutor also came down relentlessly
Scottish Rite in Oakland
that same December. He
held offices in Sequoyah
from 1922 and served as
Master in 1928. As a Noble
of Aahmes Shrine Temple in
Oakland, he would serve as
Potentate in 1933. However,
his most notable fraternal
service came later.
    When Brother Warren
first became a Mason he
worked as a deputy city at-
torney for the city of Oak-
land and the following year
became a deputy Alameda
County attorney. While in
this position he courted and
married in 1925 a young
widow, Nina Palmquist Mey-
ers, who had a son. The War-
rens subsequently had five
additional children. After
the Alameda County Attor-
ney resigned, Earl Warren
received the appointment
to fill out his term and in the
fall of 1926 won election to the first of     on labor radicals, a recurring issue in Cali-
three full four-year terms to the office.     fornia dating from the early years of the
    During his twelve years as a prosecu-     century. Such was Brother Earl’s acclaim
tor, Brother Warren earned a reputation       that according to a biographical sketch by
for fighting crime and corruption second      scholar Paul Finkelman, “by the mid-1930s,
to none in the entire country. Hard work,     Warren was probably the best-known dis-
honesty, and encouragement of scientific      trict attorney in the United States, with
26                                                                           february 2010
SIR KNIGHT EARL WARREN - From Golden State Grand Master to Governor and Chief Justice
a reputation that far exceeded the pres-        sence of life itself. In all of these coun-
tige or power of his office.” Concurrently,     tries we now find war or frantic prepara-
across the continent in the same decade,        tions for war . . . and as such to plant the
another young prosecutor Brother Thom-          heel of ruthless government upon the
as Dewey (of Kane Lodge No. 454 in New          chests of their weaker neighbors. . . . Let
York City) was also making a name for him-      us love it and cherish [our freedom] as
self as a crime fighter. Later they would       we do few other things and let us pledge
become presidential-nominee rivals and         . . . Masonry to its principles as strongly
in 1948 running mates.                          as did our brethren who did so much to
    Meanwhile Earl Warren’s Masonic             bring it [the USA] into being.”
career continued unabated. Between
1928 and 1933, he served on a variety        With his term as Grand Master draw-
of Grand Lodge committees. Elected Se-    ing to a close, Warren continued to be an
nior Grand Warden in 1933, he moved       active Mason. At some point, he joined
up to Deputy Grand Master in 1934 and     Oakland Chapter No. 36, Royal Arch
thence to Grand Master in 1935. During    Masons; Oakland Commandery No. 11,
his term in office, membership in the     Knights Templar; and St. Phillip Conclave
Grand Lodge numbered about 128,000.       No. 23, Red Cross of Constantine. In 1938
As Grand Master he endeavored to visit    he served as Master of Rose Croix and in
smaller lodges in more remote parts of    1945 after he had become governor of
the state and also in Hawaii (under the   the Golden State as presiding officer of
jurisdiction of California at the time). He
                                          the Lodge of Perfection. By that time, he
reported warm welcomes wherever he        had already been coroneted with the 33rd
went. He took a strong position against   degree A. & A.S.R., S.J. on December 23,
gambling within lodges which may have     1941.
been his most remembered stand. Tak-         Meanwhile in 1938, Brother Warren
ing note of the rise of totalitarian govern-
                                          sought and won election as California At-
ments abroad in Italy, Germany, Russia,   torney General. Under the unique Califor-
and Japan, as part of his annual message, nia system of cross-filing he actually won
Warren noted prophetically:               in the Republican, Democratic, and Pro-
                                          gressive primaries. With such strength
  “They rarely call these autocracies he won a roughly 4 to 1 victory in the fall
by the same name but . . . they are the election over a hapless opponent named
same thing in that they are the opposite Karl Kegley. As the state’s chief law offi-
of free government and human liberty cer, he continued to vigorously combat
becomes dead. When free government organized crime, political corruption, and
dies, Masonry dies with it, and in all of vice activity. Warren also opposed alien
these countries today, their lodge rooms ideologies of both left and right. After
are dark, their property has been confis- the attack on Pearl Harbor, he strongly
cated, our brethren are persecuted for favored the federal internment of Japa-
their beliefs, and all men are denied the nese-Americans. In later years after his
freedom of speech, of assemblage, of retirement, Warren conceded that this
the press, and of religion—these rights, action had been “regrettable.”
which to Americans . . . are the very es-    In 1942, Brother Earl Warren chal-
knight templar                                                                           27
lenged incumbent Democrat Governor            pointment. He then won Senate confir-
Culbert Olson of whom he had been a           mation on March 1, 1954.
frequent critic. The candidate won the            Earl Warren came to the court at a
GOP primary easily and even took nearly       crucial time. The case of Brown v. Board
45% of the Democratic vote making him         of Education of Topeka concerning ra-
a comfortable winner (57%) in Novem-          cially segregated schools had come up
ber. He would go on to be elected Gov-        for consideration. In a decision that still
ernor three times serving over ten years      stirs emotions in some circles, Sir Knight
in the office. As the Golden State’s chief    Warren managed to steer a potentially
executive, Brother Warren generally fol-      divided court into making a unanimous
lowed a moderate path in the style of his     decision. At the same time the Chief
early idol, Hiram Johnson. In retrospect      Justice realized that it would take some
some of his moderation seems odd. For         time to be fully implemented. As a result
instance, during the “McCarthy era” he       “all deliberate speed” could sometimes
opposed loyalty oaths for University of       be what seemed rather slow. In many
California Professors, but favored them       parts of the Deep South nearly two de-
for other state employees, signing such       cades elapsed before school integration
a bill into law.                              became a reality.
    Following Warren’s overwhelming               The era of what became known as
victory for a second term, presidential      “the Warren Court” (1953-1969) were
rumors soon followed for a popular gov-       years of rapid social and economic
ernor of the second largest state. Losing     change in American society. The Brown
out to New York’s Tom Dewey, he ac-           case turned out to be the first of many
cepted the second spot on the ticket. In a    decisions that carried more than a spark
spirited four-way contest in which all the    of controversy. Several of these involved
presidential candidates were Masons (as       providing increased protection for the
well as two of the Vice Presidential nom-     rights of the accused. For instance Mapp
inees), the Republican early lead faded,      v. Ohio (1961) threw out evidence ob-
but the GOP made their best showing           tained without a warrant, Gideon v.
since 1928 garnering 189 electoral votes      Wainwright (1963) required courts to
in losing to Truman and taking back such      appoint defense attorneys for accused
states as New York and Pennsylvania           felons who could not afford lawyers, and
that had been in the FDR camp.                Miranda v. Arizona (1966) forced police
    In 1950, Brother Warren easily won        to inform persons being arrested of their
a third term and again had presidential       rights. In the words of historian George
ideas, but like the other GOP hopefuls        B. Tindall, such decisions upset numer-
had little chance against Dwight D. Eisen-    ous “middle class Americans who re-
hower. The retired general won an easy        sented . . . the federal government’s ex-
victory and promised Warren “the first        cessive protection of the ‘undeserving.’”
vacancy on the Supreme Court.” When           During the sixties the ultraconservative
Chief Justice Fred M. Vinson (of Apper-       John Birch Society began placing numer-
son Lodge No. 195 in Louisa, KY) died on      ous “Impeach Earl Warren” billboards
September 8, 1953, the President chose        across the fruited plain.
Warren within days as an interim ap-              Other decisions also led to sweeping
28                                                                        february 2010
changes in society. Engel v. Vitale (1962)        In retrospect Sir Knight Earl Warren’s
banned state sanctioned school prayer. judicial legacy, while increasingly accept-
Loving v. Virginia (1967) struck down ed as part of the American mainstream,
a law that forbid inter-racial marriages. remains controversial in many circles.
Griswold v. Connecticut (1965) struck Few would argue that he ranks second
down state laws that banned use of birth only to Brother John Marshall as the
control devices or pills that created prec- most important Chief Justice. Ironically,
edent for several later cases based on “a as Governor he was seen as a uniter, but
right to privacy.” In Baker v. Carr (1962) as what many called “the Super Chief,”
and Reynolds v. Sims (1964) the Court first he was a divider. However, in many re-
declared that state legislative districts not spects it seems ironic that a man, who
based strictly on population were uncon- in his personal life exemplified the old
stitutional and in the second mandated fashioned American virtues, did so
the “one man one vote principle.” Sir much—for better or worse—to alter and
Knight Warren himself considered Baker change them.
v. Carr his most significant case.
    With advancing age, Brother Warren Further Reading: Those who wish fur-
chose to retire from the Supreme Court ther examination of Sir Knight Earl War-
in June 1969. After leaving the Court he ren and his life may want to consult his
lectured, gave public speeches, and wrote own The Memoirs of Earl Warren (Dou-
his memoirs. He passed to “the celestial bleday, 1977); G. Edward White, Earl
lodge above” on July 9, 1974. His widow Warren: A Public Life (Oxford U. Press,
lived a full century dying in 1993.           1982); and Lucas A. Powe, Jr., The War-
                                              ren Court and American Politics (Harvard
                                              U. Press, 2000). For his Masonic records I
                                              am indebted to Bro. Adam Kendall of the
                                              Henry Wilson Coil Library and Museum
                                              of Freemasonry at the Grand Lodge of
                                              California in San Francisco, a 2003 article
                                              in The California Freemason, and William
                                              R. Denslow, 10,000 Famous Freemasons
                                              (1961), Vol. IV, pp. 297-298.

                                               Sir Knight Tribe is a professor emeritus
                                               of history at the university of Rio Grand
                                               in Ohio, and a holder of the KCT, KYCH,
                                               and 33o. He has been a regular con-
                                               tributor to the Knight Templar maga-
                                               zine for many years and resides at 111
                                               E. High Street, McArthur, OH 45651.

knight templar                                                                         29
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