Weymouth Kirkland
Encyclopedia
Weymouth Kirkland was a Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...

 lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...

 and one of the name partners of the Chicago law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...

 of Kirkland & Ellis
Kirkland & Ellis
Kirkland & Ellis LLP is an international law firm with headquarters in Chicago, known for its profitability and its litigation, bankruptcy, intellectual property and private equity departments. Kirkland & Ellis is currently ranked as the ninth most prestigious law firm in the United States by...

.

Background, 1877–1901

Weymouth Kirkland was born in Fort Gratiot Township, Michigan
Fort Gratiot Township, Michigan
Fort Gratiot Charter Township is a charter township of St. Clair County in the U.S. state of Michigan. The population was 10,691 at the 2000 census. It is named for Fort Gratiot an American fort located there off and on between 1814 and 1879.-Communities:...

 on June 4, 1877, the son of James Kirkland and his wife Annie Weymouth Kirkland. His father's grandfather, also named James Kirkland, had fought at the Battle of Waterloo
Battle of Waterloo
The Battle of Waterloo was fought on Sunday 18 June 1815 near Waterloo in present-day Belgium, then part of the United Kingdom of the Netherlands...

 under the Duke of Wellington
Arthur Wellesley, 1st Duke of Wellington
Field Marshal Arthur Wellesley, 1st Duke of Wellington, KG, GCB, GCH, PC, FRS , was an Irish-born British soldier and statesman, and one of the leading military and political figures of the 19th century...

. Kirkland's paternal grandfather, Alexander Kirkland, was a Scottish
Scottish people
The Scottish people , or Scots, are a nation and ethnic group native to Scotland. Historically they emerged from an amalgamation of the Picts and Gaels, incorporating neighbouring Britons to the south as well as invading Germanic peoples such as the Anglo-Saxons and the Norse.In modern use,...

 architect
Architect
An architect is a person trained in the planning, design and oversight of the construction of buildings. To practice architecture means to offer or render services in connection with the design and construction of a building, or group of buildings and the space within the site surrounding the...

 and engineer
Engineer
An engineer is a professional practitioner of engineering, concerned with applying scientific knowledge, mathematics and ingenuity to develop solutions for technical problems. Engineers design materials, structures, machines and systems while considering the limitations imposed by practicality,...

 who immigrated to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 after graduating from the University of Glasgow
University of Glasgow
The University of Glasgow is the fourth-oldest university in the English-speaking world and one of Scotland's four ancient universities. Located in Glasgow, the university was founded in 1451 and is presently one of seventeen British higher education institutions ranked amongst the top 100 of the...

; in 1879, Mayor of Chicago
Mayor of Chicago
The Mayor of Chicago is the chief executive of Chicago, Illinois, the third largest city in the United States. He or she is charged with directing city departments and agencies, and with the advice and consent of the Chicago City Council, appoints department and agency leaders.-Appointment...

 Carter Harrison, Sr.
Carter Harrison, Sr.
Carter Henry Harrison, Sr. was an American politician who served as mayor of Chicago, Illinois from 1879 until 1887; he was subsequently elected to a fifth term in 1893 but was assassinated before completing his term. He previously served two terms in the United States House of Representatives...

 named Alexander Kirkland as Chicago's Commissioner of Public Works. Kirkland's father worked as superintendent of the shops of the Grand Trunk Railway
Grand Trunk Railway
The Grand Trunk Railway was a railway system which operated in the Canadian provinces of Quebec and Ontario, as well as the American states of Connecticut, Maine, Michigan, Massachusetts, New Hampshire, and Vermont. The railway was operated from headquarters in Montreal, Quebec; however, corporate...

 in Port Huron, Michigan
Port Huron, Michigan
Port Huron is a city in the U.S. state of Michigan and the county seat of St. Clair County. The population was 30,184 at the 2010 census. The city is adjacent to Port Huron Township but is administratively autonomous. It is joined by the Blue Water Bridge over the St. Clair River to Sarnia,...

. Kirkland's mother's family had been in America since the seventeenth century, and his mother traced her ancestry back to William Bradford and John Alden
John Alden
John Alden is said to be the first person from the Mayflower to set foot on Plymouth Rock in 1620. He was a ship-carpenter by trade and a cooper for Mayflower, which was usually docked at Southampton. He was also one of the founders of Plymouth Colony and the seventh signer of the Mayflower Compact...

.

Kirkland was raised in Fort Gratiot until he was fifteen years old, at which time he moved to Chicago and attended public schools. After school, he read law with prominent Chicago attorney Charles Hardy and then attended Chicago–Kent College of Law, graduating in 1901.

Early years as a lawyer, 1901–1914

After he was admitted to the bar in 1901, Kirkland and Thomas Symmes formed a law partnership, Kirkland & Symmes. They landed a plum client, Chicago Union Traction and later its successor, the Chicago Railways Company. In his first decade in practice, Kirkland gained a reputation as a first-rate trial lawyer and represented other large companies, including the Lake Shore Electric Company, the Standard Accident Insurance Company, and Travelers Insurance Company.

On October 6, 1906, Kirkland married Louise Stone, the daughter of George W. Stone of the Chicago Board of Trade
Chicago Board of Trade
The Chicago Board of Trade , established in 1848, is the world's oldest futures and options exchange. More than 50 different options and futures contracts are traded by over 3,600 CBOT members through open outcry and eTrading. Volumes at the exchange in 2003 were a record breaking 454 million...

. Together, the couple would have a son, Weymouth, and a daughter, Eleanor.

Years at Kirkland & Ellis, 1914–1965

In 1914, Kirkland joined the law firm of Shepard, McCormick & Thomason, which had been founded in 1908 by Robert R. McCormick
Robert R. McCormick
Robert Rutherford "Colonel" McCormick was a member of the McCormick family of Chicago who became owner and publisher of the Chicago Tribune newspaper...

, owner of the Chicago Tribune
Chicago Tribune
The Chicago Tribune is a major daily newspaper based in Chicago, Illinois, and the flagship publication of the Tribune Company. Formerly self-styled as the "World's Greatest Newspaper" , it remains the most read daily newspaper of the Chicago metropolitan area and the Great Lakes region and is...

. The firm was soon re-named McCormick, Kirkland, Patterson & Fleming. Kirkland became the first named partner at the firm in 1936, when the firm became known as Kirkland, Fleming, Green, Martin & Ellis; in 1958, the name was changed to Kirkland, Ellis, Hodson, Chaffetz, and Masters; today the firm is known simply as Kirkland & Ellis
Kirkland & Ellis
Kirkland & Ellis LLP is an international law firm with headquarters in Chicago, known for its profitability and its litigation, bankruptcy, intellectual property and private equity departments. Kirkland & Ellis is currently ranked as the ninth most prestigious law firm in the United States by...

.

Champion of freedom of the press

At the new firm, Robert R. McCormick sent a steady stream of cases to Kirkland. When McCormick established the New York Daily News in 1919, Kirkland handled the legal work involved.

Also in 1919, Kirkland defended McCormick and the Tribune in a libel suit brought by Henry Ford
Henry Ford
Henry Ford was an American industrialist, the founder of the Ford Motor Company, and sponsor of the development of the assembly line technique of mass production. His introduction of the Model T automobile revolutionized transportation and American industry...

. The Tribune had run an editorial in which it called Ford an anarchist for saying that any of his workers who volunteered to serve in the National Guard of the United States (which was then mobilized on the U.S. - Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

 border to prevent the Mexican Revolution
Mexican Revolution
The Mexican Revolution was a major armed struggle that started in 1910, with an uprising led by Francisco I. Madero against longtime autocrat Porfirio Díaz. The Revolution was characterized by several socialist, liberal, anarchist, populist, and agrarianist movements. Over time the Revolution...

 from spilling into the United States) would be fired. At the three-month trial, Kirkland argued that the Tribunes editorializing was fair comment
Fair comment
Fair comment is a legal term for a common law defense in defamation cases .-United States:In the United States, the traditional privilege of "fair comment" is seen as a protection for robust, even outrageous published or spoken opinions about public officials and public figures...

. Ford ultimately prevailed in the case, but the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...

 awarded Ford only six cents in damages and six cents for costs. McCormick and the Tribune refused to pay the twelve cents, and Ford ultimately collected nothing.

Kirkland was involved in another major freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...

 case in 1920 when the City of Chicago sued the Tribune after the Tribune ran an editorial arguing that Mayor William Hale Thompson
William Hale Thompson
William Hale Thompson was Mayor of Chicago from 1915 to 1923 and again from 1927 to 1931. Known as "Big Bill", Thompson was the last Republican to serve as Mayor of Chicago, and ranks among the most unethical mayors in American history.Thompson was born in Boston, Massachusetts to William Hale...

's policies had bankrupted the city. Kirkland argued that constitutional guarantees on freedom of the press should prevent governments from suing private citizens for libel; the Supreme Court of Illinois
Supreme Court of Illinois
The Supreme Court of Illinois is the state supreme court of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five appellate judicial districts of the state: Three justices from the First District and...

 was persuaded and ultimately ruled that the common law doctrine of "libel on the state" had no place in a free republic.

Mayor Thompson later brought a second lawsuit against the Tribune, alleging that the newspaper had accused him of having pro-German leanings during World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

. During the trial, the illness of a juror led to a break in the proceedings, and the case was later dismissed for want of prosecution.

Kirkland would win a major battle for freedom of the press in the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 with Near v. Minnesota
Near v. Minnesota
Near v. Minnesota, 283 U.S. 697 , was a United States Supreme Court decision that recognized the freedom of the press by roundly rejecting prior restraints on publication, a principle that was applied to free speech generally in subsequent jurisprudence...

, 283 U.S. 697 (1931). In that case, a Minnesota trial judge had declared a small Minnesota newspaper to be a public nuisance and permanently enjoined the newspaper from publishing because it had adversely criticized certain local politicians in violation of an injunction. When McCormick, who was then Chairman of the American Newspaper Publishers Association's Committee on Free Speech, found out about the case, he persuaded the American Newspaper Publishers Association to intervene in the case, with Kirkland serving as their lawyer. Kirkland lost the case in the Minnesota Supreme Court
Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside of the region who were appointed by...

 but later convinced the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 to declare that censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...

 was unconstitutional.

Other prominent cases

During the 1930s, Kirkland became a well-established antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...

 litigator when he defended Standard Oil Company (Indiana) in the Madison Oil Company matter. In that case, the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...

 had successfully brought antitrust charges against 46 oil companies and individuals. Kirkland ultimately convinced Judge Patrick Thomas Stone
Patrick Thomas Stone
Patrick Thomas Stone was a United States federal judge.Born in Pembroke, Ontario, Canada, Stone received an LL.B. from Marquette University Law School in 1912. He was in private practice in Wausau, Wisconsin from 1912 to 1933. U.S. Navy, World War I...

 to throw out all of the convictions against Standard Oil Company (Indiana).

Kirkland also represented the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...

 when the Department of Justice brought antitrust charges against AP.

Kirkland served as attorney for the Chicago Board of Trade
Chicago Board of Trade
The Chicago Board of Trade , established in 1848, is the world's oldest futures and options exchange. More than 50 different options and futures contracts are traded by over 3,600 CBOT members through open outcry and eTrading. Volumes at the exchange in 2003 were a record breaking 454 million...

 in a number of matters, challenging restrictions that had been placed on the Board of Trade as part of the New Deal
New Deal
The New Deal was a series of economic programs implemented in the United States between 1933 and 1936. They were passed by the U.S. Congress during the first term of President Franklin D. Roosevelt. The programs were Roosevelt's responses to the Great Depression, and focused on what historians call...

 and during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

.

Outside activities

In addition to his legal practice, Kirkland was active in business and public affairs.

In 1933, Kirkland headed a syndicate that purchased the National Bank & Trust Co. and thereafter sat on that company's Board of Directors
Board of directors
A board of directors is a body of elected or appointed members who jointly oversee the activities of a company or organization. Other names include board of governors, board of managers, board of regents, board of trustees, and board of visitors...

. He also was a director of Armour and Company
Armour and Company
Armour & Company was an American slaughterhouse and meatpacking company founded in Chicago, Illinois, in 1867 by the Armour brothers, led by Philip Danforth Armour. By 1880, the company was Chicago's most important business and helped make the city and its Union Stock Yards the center of the...

 for many years.

From 1928 to 1940, Kirkland was judge advocate of the Illinois National Guard
Illinois National Guard
The Illinois National Guard comprises both Army National Guard and Air National Guard components. The National Guard is the only United States military force empowered to function in a state status. The Constitution of the United States specifically charges the National Guard with dual federal and...

, holding the rank of Lieutenant Colonel
Lieutenant Colonel (United States)
In the United States Army, United States Air Force, and United States Marine Corps, a lieutenant colonel is a field grade military officer rank just above the rank of major and just below the rank of colonel. It is equivalent to the naval rank of commander in the other uniformed services.The pay...

.

Kirkland was a member of the Chicago Club
Chicago Club
The Chicago Club, founded in 1869, is a private social club located in downtown Chicago. Its membership has included many of Chicago's most prominent businessmen, politicians, and families.-Press coverage:...

, the Racquet Club of Chicago
Racquet Club of Chicago
The Racquet Club of Chicago is a private social club and athletic club at 1365 North Dearborn Street in Chicago, within the Gold Coast Historic District. The classical revival building was designed by architect Andrew Rebori, constructed in 1923...

, the Tavern Club (Chicago), the Mid-Day Club, and the Glen View Club
Glen View Club
The Glen View Club is a private country club in Golf, Illinois, a suburb just north of Chicago. It is thought to be one the Midwest's most prestigious golf and country clubs and counts among its 300 members some of the Chicago area's most prominent businesspeople.-History:The club was founded on...

. He was active in the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...

, the Illinois State Bar Association
Illinois State Bar Association
The Illinois State Bar Association is the largest voluntary state bar association in the country. Approximately 30,000 lawyers are members of the ISBA. Unlike some state bar associations, in which membership is mandatory, ISBA membership is not required of lawyers licensed to practice in...

, and the Chicago Bar Association
Chicago Bar Association
Founded in 1874, the Chicago Bar Association is a voluntary bar association with over 20,000 members. Like other bar associations, it concerns itself with professional ethics, networking among members, and continuing legal education. It is located adjacent to the John Marshall Law School in the...

. Politically, he was a Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

. He was also an active member of the Fourth Presbyterian Church of Chicago
Fourth Presbyterian Church of Chicago
The Fourth Presbyterian Church of Chicago is a congregation of the Presbyterian Church located on the Magnificent Mile in Chicago, directly across the street from the John Hancock Center.-History:...

.

Honors

In March 1957, the McCormick Foundation
McCormick Foundation
McCormick Foundation is a Chicago-based nonprofit charitable trust established in 1955, upon the death of "Colonel" Robert R. McCormick. it had more than US$1 billion in assets.-History:...

 announced that it would provide funding to establish the Weymouth Kirkland Foundation. This foundation gives scholarships to students studying law in the Midwestern United States
Midwestern United States
The Midwestern United States is one of the four U.S. geographic regions defined by the United States Census Bureau, providing an official definition of the American Midwest....

.

At Kirkland's 80th birthday party, held at the Drake Hotel
Drake Hotel (Chicago)
The Drake Hotel, 140 East Walton Place, Chicago, Illinois, is a luxury full-service hotel, located downtown on the lake side of Michigan Avenue two blocks north of the John Hancock Center and a block south of Oak Street Beach at the top of the Magnificent Mile.Overlooking Lake Michigan, it was...

 on June 4, 1957, Edward H. Levi
Edward H. Levi
Edward Hirsch Levi was an American academic leader, scholar, and statesman who served as United States Attorney General. He is regularly cited as the "model of a modern attorney general," the "greatest lawyer of his time," and considered, along with Yale's Whitney Griswold, the greatest of...

, the dean
Dean (education)
In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...

 of the University of Chicago Law School
University of Chicago Law School
The University of Chicago Law School was founded in 1902 as the graduate school of law at the University of Chicago and is among the most prestigious and selective law schools in the world. The U.S. News & World Report currently ranks it fifth among U.S...

, announced that the law school was naming its courtroom the Weymouth Kirkland Courtroom in Kirkland's honor. This courtroom was dedicated in April 1960.

Death

Kirkland died on February 3, 1965 at Wesley Hospital, close to his long-time home at 209 East Lake Shore Drive
Lake Shore Drive
Lake Shore Drive is a mostly freeway-standard expressway running parallel with and alongside the shoreline of Lake Michigan through Chicago, Illinois, USA. Except for the portion north of Foster Avenue , Lake Shore Drive is designated as part of U.S...

. He was 87 years old.
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