Dumbauld, Edward. Papers, 1936-1983: Finding Aid.
Harvard Law School Library, Harvard Library, Harvard University
Harvard Law School
© President and Fellows of Harvard College
Location: Harvard Depository
Call No.: HOLLIS 601616
Repository: Harvard Law School Library, Harvard Library, Harvard University
Creator: Dumbauld, Edward, 1905-
Title: Edward Dumbauld papers
Quantity: 26 boxes
Language of materials: English
Abstract: Material in this collection deals with Interstate Commerce Commission Cases, Harvard
Law School matters, and Dumbauld's appointment as U.S.. District Judge.
The papers of Edward Dumbauld (1905-1997), lawyer, government attorney, judge, legal
historian/author, were presented to the Harvard Law School Library by Judge Dumbauld
as a gift on July 26, 1983.
Prepared by Judith W. Mellins and Erika S. Chadbourn, June 1985.
Access to these papers is governed by the rules and regulations of the Harvard Law
School Library. This collection is open to the public, but is housed off-site at Harvard
Depository and requires 2 business-day advance notice for retrieval. Consult the Special
Collections staff for further information.
The Harvard Law School Library holds copyright on some, but not all, of the material
in our collections. Requests for permission to publish material from this collection
should be directed to the Special Collections staff. Researchers who obtain permission
to publish from the Harvard Law School Library are also responsible for identifying
and contacting the persons or organizations who hold copyright.
Dumbauld, Edward, lawyer, government attorney, judge, legal historian/author.
b. October 26, 1905, Uniontown, Pennsylvania.
s. Horatio S. and Lissa Grace (MacBurney) Dumbauld.
m. Mary Ellen Whelpley, January 1, 1941.
A.B., Princeton University, 1926.
LL.B., Harvard University, 1929; LL.M., 1930; Sheldon Traveling Fellowship, 1930-1932.
LL.D., University of Leyden, Netherlands, 1932.
LL.D. (hon.), Findlay College, 1981.
Admitted to Pennsylvania bar, 1929; District of Columbia bar, 1929; U.S. Supreme
Court bar, 1936.
In private law practice in Uniontown, Pennsylvania, 1932-1936, 1949-1957.
Attorney, Anti-Trust Division, U.S. Department of Justice, 1936-1949; Special Assistant
to the U.S. Attorney General, 1939-1949.
Judge, Court of Common Pleas, Fayette County, Pennsylvania, 1957-1961.
U.S. District Judge, Western District of Pennsylvania, 1961-1976, appointed by President
John F. Kennedy; Senior Judge, 1977 -
Member, Pennsylvania Bar Association, chairman of its Committee on Lawyers' Referral
Member, American Bar Association.
Honorary Vice-President, American Society of International Law.
Director, American Society of Legal History, 1976-1979.
- Interim Measures of Protection in International Controversies. 1932.
- The Political Writings of Thomas Jefferson. 1955
- The Bill of Rights and What it Means Today. 1957.
- The Constitution of the United States. 1964.
- The Life and Legal Writings of Hugo Grotius. 1969.
- Thomas Jefferson and the Law. 1978.
- "Monopolies and the Courts" (with Robert H. Jackson), 86 University of Pennsylvania Law Review 231 (1938).
- "John Marshall and the Law of Nations," 104 University of Pennsylvania Law Review 38 (1955).
- Also numerous other articles on legal and historical subjects. [See MS box 22, folder
The papers of Edward Dumbauld (1905-1997) span the years 1936 to 1983. There is a
small amount of historical research material relating to the Judicial Conference of
the United States which covers the years 1922 to 1975. Papers include correspondence
(both letters received and carbons of letters sent); drafts; galley proofs; research
notes; memoranda; agenda; minutes of meetings; reports; bibliographies; pleadings;
legal briefs; printed court opinions; lists; tabulations; questionnaires; clippings;
cards; and telegrams.
Judge Dumbauld's papers relate to activities other than his tenure on the benches
of the Common Pleas and U.S. District Courts. They document his years of service with
the U.S. Department of Justice; his participation in the affairs of the American Society
of International Law, especially during his years as a member of its Executive Council;
his historical interests and authorship; and his Harvard attachments and other friendships.
While with the U.S. Department of Justice, Judge Dumbauld served in their Antitrust
Division, first as Special Attorney (1936-1938) and subsequently as Special Assistant
to the U.S. Attorney General (1939-1949). In these capacities he was in charge of
litigation that arose under acts regulating transportation and communication. His
Series Interstate Commerce Commission represents cases that he argued before the ICC
on behalf of the Government. These suits were brought to review or set aside orders
of the ICC. The majority of these cases were civil actions that were heard in U.S.
District Courts. The Series includes motions, briefs, reply briefs, memoranda, hand
written notes, orders, opinions, per curiam opinions, notices of settlement, affidavits,
drafts, findings of fact, answers, complaints, petitions, carbon copies of memoranda,
letters, lists, assignment of error, statement as to jurisdiction, and petitions for
leave to intervene.
Although Judge Dumbauld was actively involved with the American Society of International
Law for many years prior to 1961, his papers cover only the period 1961 to 1981. During
this period he served as Secretary of the Society's Executive Council. His ASIL papers
include agenda and minutes of Council meetings, annual reports of the Treasurer, some
ad hoc committee reports, and reports of the following Committees: Finance; Financing
and Endowment; Library (Tillar House Library of the ASIL); Membership; Local and Regional
Activities and Meetings; Selection of Honorary Members; U.S. Department of State and
United Nations Publications; other Publications, including the American Journal of International Law; Annual Awards, including the Manley O. Hudson Medal; and Nominating. Additional papers
relate to the nomination of ASIL members to the International Court of Justice and
to Ford Foundation Grants awarded to the ASIL.
Judge Dumbauld was a serious student of the Constitution of the United States, of
Thomas Jefferson and of Hugo Grotius, and his legal scholarship is reflected in his
papers (for a list of his writings see MS box 22, folder 6, and the Biographical Note).
The Series Writings includes holograph and typed drafts of manuscripts; galley proofs;
notes; bibliographies; and correspondence. Correspondence is with law school faculty
member, editor of law journals, and with the University of Oklahoma Press who were
Judge Dumbauld's publishers. Major correspondents are: Thomas W. Christopher, Merrill
Jensen, Philip C. Jessup, and W. J. M. van Eysinga. The Series also contains copies
of a number of memorials written by Dumbauld.
The Series Miscellaneous Correspondence ties in with the Writings Series, as it contains
much correspondence relating to Dumbauld's publications such as inquiries from others
concerning his research, his own inquiries, discussion of his ideas, acknowledgements
of gifts of his books, and correspondence with editors of the papers of post-revolutionary
American historical figures, e.g. the Adams Papers, a project at the Massachusetts
Historical Society. Other correspondence relates to his judicial appointments, professional
engagements, invitations to participate in symposia and seminars, the America Law
Institute, the Corcoran Department of History at the University of Virginia, the West
Publishing Company, and historical societies. The Series covers the years 1961 through
1980, with a few items dating 1936, 1944, and 1959. Major correspondents are: William
J. Brennan, Jr.; Derek C. Bok; Warren E. Burger; Lyman H. Butterfield; John P. Frank;
George L. Haskins; John S. Hastings; Frank A. Kaufman; Edward H. Levi; Dumas Malone;
Nathan Pusey; Albert M. Sacks; Bernard G. Segal; Collins J. Seitz; Joseph H. Smith;
and Edwin C. Surrency.
From 1975 to 1981 Judge Dumbauld served on the Bicentennial Committee of the Judicial
Conference of the United States. The main focus of the Committee was concentrated
on planning productions relating to the Judiciary, e.g. a documentary film series
for television, "popular" books, biographical directories, and court histories. The
papers that Judge Dumbauld retained of his membership on the Bicentennial Committee
reflect these plans and their implementation. They consist of correspondence, agenda,
schedules, minutes of meetings, reports, handwritten notes, lists, questionnaires,
synopses, and clippings. Major correspondents are: Warren E. Burger, James M. Carter,
Merrill Jensen, Clement F. Haynsworth, Jr., Howard T. Markey, and Stephen B. Presser.
The last Series, Harvard Law School/Biographical, consists of fifteen folders of
Harvard and personal miscellany, e.g., material relating to his duties as a member
of the Harvard University Board of Overseers' Committee to Visit the Law School (1967-1973),
to his resignation from the Court of Common Pleas (1961), and to his nomination to
the U.S. District Court for the Western District of Pennsylvania (1961). Types of
material included are correspondence, telegrams, memoranda, agenda, lists, reports,
handwritten notes, receipts, schedules, clippings, and a bibliography of his writings.
Major correspondents in this Series are: Derek C. Bok, Andrew James Casner, Joseph
S. Clark, R. Ami Cutter, Oliver W. Hammonds, Albert M. Sacks, and Robert Shenton.
- Series: Writings
- 1-1 to 4-6. THE CONSTITUTION OF THE UNITED STATES. Norman, OK: University of Oklahoma Press, 1964
- 1-1 to 1-7. First draft of MS, handwritten
- 2-1 to 2-4. Second draft of MS; typescript with handwritten corrections and additions
- 2-5 to 3-3. Third draft of MS; typescript with handwritten corrections and additions
- 3-4 to 4-2. Notes Group I; typescript with handwritten corrections and additions
- 4-3 to 4-6. Notes Group II; typescript with handwritten corrections and additions
- 5-1 to 6-2. THOMAS JEFFERSON AND THE LAW. Norman, OK: University of Oklahoma Press, 1978
- 5-1 to 5-2. Final draft of MS; typescript with handwritten corrections and additions
- 5-3 to 5-5. Notes and Bibliography; typescript with handwritten corrections and additions
- 6-1 to 6-2. Galley proofs with handwritten corrections and additions
- 6-3 to 6-4. Correspondence re Edward Dumbauld's writings on Hugo Grotius and Thomas Jefferson
Includes corr. with W. J. M. van Eysinga, Professor of Law, University of Leyden, The Netherlands; also corr. with the Committee to Celebrate the 400th Birthday of Hugo Grotius.
- 6-5 to 6-8. University of Oklahoma Press 1963-1966, 1972-1980
Date: 1963-1966, 1972-1980
- 6-9 to 6-12. DOCUMENTARY HISTORY OF THE RATIFICATION OF THE CONSTITUTION, edited by Merrill Jensen. Madison, WI: State Historical Society of Wisconson, 1976-
Includes corr. with Merrill Jensen, editor; also memoranda from Merrill Jensen to the National Historical Publications Commission, sponsor of the DOCUMENTARY History...; ED was a member of the Editorial Board, 1970-198[3?].
- 6-13. Memorials written by ED
Includes memorials of Harold Hitz Burton, J. Eugene Harley, Sir Cecil James Barrington Hurst, and Roscoe Pound.
- 6-14. "Interstate Commerce and the Mode of Admission of States into the Union." 1945
Includes handwritten and typed research notes and final draft.
- Series: Interstate Commerce Commission Cases
- 7-1 to 9-9. Pleadings, briefs, and court opinions 1937-1949
- 7-1 to 7-2. 1937
- 7-3 to 7-5. 1939
- 7-7 to 7-8. 1943
- 7-9 to 8-5. 1944
- 8-6 to 8-9. 1945
- 9-1 to 9-3. 1946
- 9-4 to 9-6. 1947
- 9-7 to 9-8. 1948
- 9-9. 1949
ED served in the Antitrust Division of the U. S. Department of Justice as Special Attorney 1936-1938, and Special Assistant to the U. S. Attorney General,
- 10-1 to 10-7. Memoranda 4 September 1942-9 December 1948
Date: 4 September 1942-9 December 1948
Carbon copies of memoranda of ED and of others in Antitrust Division who sent copies
to Ed. Some of these memoranda are ED's memoranda for the Solicitor General. Included
is a statement by ED relating to three-judge district courts and relating to control
over litigation of ICC cases by the ICC versus the Attorney General. 10-6 includes
carbon copy of a speech which ED drafted for Tom Clark, 18 April 1947, entitled: "Law and Justice in the Post-War World."
- 10-8 to 11-7. Correspondence 1945-1948
Carbons sent to ED of letters which U. S. Assistant Attorneys General sent to persons
involved in ICC cases. U. S. Assistant Attorneys General included are: Wendell Berge, Herbert A. Bergson, John F. Sonnett, and several Acting U. S. Attorneys General.
- 11-8. Lists of cases 1946-1949
Information included is: File number; Civil Action number; dates of action taken in
each respective case, e. g., argued, re-argued, decided, action dismissed, rehearing
denied, affirmed on motion, amended answer filed; citations in Federal Reporters.
There are some handwritten additions, also tabulations of cases regarding the outcome
- 11-9 to 11-10. Miscellany 1944-1949 and undated
Includes letters of Tom C. Clark, U. S. Attorney General, to ED, 1948-1949.
- Series: American Society of International Law
- 12-1 to 12-2. 1961
ED served as Secretary of the American Society of International Law from 1948 to 1978
- 12-3 to 12-6. 1962
- 12-7 to 12-8. 1963
- 12-9 to 12-10. 1964
- 13-1 to 13-2. 1965
- 13-3 to 13-5. 1966
- 13-6 to 13-8. 1967
- 13-9 to 13-10. 1968
- 14-1 to 14-4. 1969
- 14-5 to 14-7. 1970
- 14-8 to 14-10. 1971
- 15-1 to 15-3. 1972
- 15-4 to 15-5. 1973
- 15-8 to 15-9. 1976
- 15-10 to 15-11. 1977
- 16-4 to 16-5. Ford Foundation grants 1961-1973
- Series: Miscellaneous Correspondence
- 16-6. 1936, 1944, 1959
Date: 1936, 1944, 1959
Includes handwritten letter, dated 9 November 1959, of W. J. M. van Eysinga congratulating ED on election to the Court of Common Pleas of Fayette County, PA.
- 16-7 to 16-8. 1961
- 16-10 to 16-11. 1963
- 16-12 to 16-13. 1964
- 16-14 to 16-15. 1965
- 17-1 to 17-2. 1967
- 17-3 to 17-4. 1968
- 17-5 to 17-6. 1969
- 17-7 to 17-9. 1970
- 17-10 to 17-12. 1971
- 17-13 to 17-14. 1972
- 17-15 to 17-16. 1973
- 18-1 to 18-2. 1974
- 18-3 to 18-5. 1975
- 18-6 to 18-9. 1976
- 18-10 to 18-12. 1977
- 19-1 to 19-3. 1978
- 19-4 to 19-7. 1979
- 19-8 to 19-12. 1980
- Series: Bicentennial Committee of the Judicial Conference of the United States
- 19-13. Judicial Conference membership 1921-1975
The Judicial Conference of the United States is the policy-making body of the Federal Courts; it is chaired by the Chief Justice of the U. S. Includes lists of membership on Judicial
Conference committees, 1922-1975.
- 19-14 to 20-3. 1975
- 19-14. Includes first drafts of synopses for projected documentary film series for television
- 19-15. Includes " The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury," Presidential Address to the Bentham Club by Chief Justice Warren E. Burger, University of London [England], 1 February 1972
Date: 1 February 1972
- 20-1 to 20-3. Includes reports, memoranda, and corr. re documentary films, popular book on the Judiciary,
Biographical Directory of Federal Judges, Circuit and District Court Histories, and 3rd Circuit history
ED was a member of the Bicentennial Committee, 1975-1981.
- 20-4 to 20-5. Bicentennial Committee meeting, 24 November 1975
Date: 24 November 1975
- 20-4. Includes memoranda and corr. re documentary film series
- 20-5. Includes subcommittee reports
- 20-6 to 20-8. 1976
- 20-6 to 20-7. Includes memoranda and corr: re Biographical Dictionary of Federal Judges
- 20-8. Includes biographical sketch of Judge Nathaniel Ewing [ 1848-1914], by ED; also corr.,
questionnaire, and clippings re Judge Ewing.
- 20-9 to 20-10. 1977
Includes corr. re Court of Claims history; also subcommittee reports.
- 20-11 to 20-12. 1978-1980
Includes photocopy of book review by ED of THE FIRST FEDERAL APPELLATE PRIZE COURT
OF THE AMERICAN REVOLUTION 1775-1787, by Henry J. Bourguignon. Philadelphia: The American Philosophical Society, 1977.
- 20-13. 1980, 1983
Date: 1980, 1983
Includes overview of work of the Bicentennial Committee, by ED, dated 27 July 1983.
- Series: Harvard Law School/Biographical
- 21-3 to 21-5. Manley O. Hudson Fund and Professorship 1960-1976
Includes corr. re use of income from MOH Fund for scholarship grants to HLS graduate
students; also letter dated 22 June 1976, of Albert M. Sacks to Oliver W. Hammonds announcing establishment of Manley O. Hudson Professorship of Law.
- 21-6 to 21-11. Harvard University Board of Overseers' Committee to Visit the Law School 1967-1973
Corr., memoranda, reports, etc. ED was a member of the Visiting Committee 1967-1973.
- 21-12. Miscellaneous clippings
- 21-13. Academy of International Law at The Hague 1933-1934
ED was secretary of the American Association of Former Students of the AILH.
- 22-1 to 22-4. U. S. District Court (Western District of Pennsylvania): re appointment 1961
- 22-1. Includes letter of ED to Curtis Reitz dated 5 August 1961, describing character of
ED's law practice; also letters of recommendation in support of ED's appointment to
U. S. District Court; and acknowledgements to ED's resignation as Judge of the Court of Common Pleas of the 14th Judicial District of Pennsylvania
- 22-2 to 22-4. Congratulatory letters, cards, and telegrams. Includes card from Justice Felix Frankfurter, dated 28 August 1961
Date: 28 August 1961
ED was nominated and confirmed as U. S. D. J. for W. D. of Pennsylvania on 2 August
1961. From 1957-1961 he served as Judge of the Court of Common Pleas of Fayette County, PA.
- 22-5. Biographical data relating to Edward Dumbauld's life and career
Includes copies of a typed resume and of newspaper clippings.
- 22-6. Bibliography of Edward Dumbauld's writings
Photocopy of typed list, through 1978.
United States. Interstate Commerce Commission.
Dumbauld, Edward, 1905-
Grotius, Hugo, 1583-1645.
Jefferson, Thomas, 1743-1826.
American Society of International Law.