Early African-American Lawyer Inducted into College Football Hall of Fame

Amid the coverage that focused on the induction of former Notre Dame star Tim Brown to the College Football Hall of Fame, the fact that the list of 24 former players and coaches inducted included former Harvard center William H. Lewis has been almost completely overlooked.

Admittedly, Lewis is not exactly a household name in 2010.  His years on the Harvard football team were 1891 and 1892, and he was a lineman.   However, the Virginia-born Lewis compiled an impressive list of accomplishments in his career, both as a football player and as a lawyer, which deserve to be better known.  For example:

(a) Lewis was the first African-American to play American college football.  This happened when he transferred to Amherst College from the all black Virginia Normal and Collegiate Institute (now Virginia State College) at the urging of his mentor, John Mercer Langston, the institution’s president.  (Langston was also one of the first half dozen black lawyers in American history and was the first dean of the Howard Law School.)  Lewis, who had never before played the game, was a member of the Amherst football team for three years.  He not only starred at football, but he was also the commencement speaker when he graduated in 1892.

(b) After graduating from Amherst, Lewis enrolled  at the Harvard Law School, from which he graduated in 1895.  During his first two years of law school, he also played for the Harvard varsity football team, winning All-American honors each year.  He was named captain of the Harvard team late in the 1893 season, making him the first black All-American and the first black to captain a college football team.  As a law student, he was also instrumental in convincing the Massachusetts legislature to enact amendments to its civil rights laws to provide additional protections to African-Americans.

(c) In 1900, legendary football coach Walter Camp named Lewis as the best center in the history of college football, crediting the quick-footed 175 pounder with revolutionizing his position.

(d) From 1895 to 1906, Lewis helped coach the Harvard eleven, leading the team to a combined record of 114-15-5.  Lewis was widely viewed as an innovative coach, and in 1896, he published one of the first guides to American football, entitled “A Primer of College Football.”  The work was serialized in Harper’s Weekly, one of the nation’s best known magazines in that era, and published by the Harper & Brothers publishing house.  In 1905, when a serious effort to ban football from college campuses emerged, Lewis was an eloquent defender of the sport and its role in higher education.

(e) While serving as a coach at Harvard, Lewis, a Republican, practiced law in the Boston area.  He was also elected to the Cambridge, Massachusetts city council in 1899, and in 1902, he was appointed to fill a vacancy in the Massachusetts state legislature. He was, however, defeated when he ran for re-election in 1903.

(f) In 1903, following his electoral defeat, President Theodore Roosevelt, also a Harvard graduate, appointed Lewis Assistant United States Attorney for the eastern district of Massachusetts.  Lewis was the first African-American lawyer to hold such a position.

(g) In 1910, President William Howard Taft appointed Lewis to the position of Assistant United States Attorney General, the highest position in the United States government that had ever been offered to an African-American.  Lewis was confirmed by the United States Senate over Southern Democratic opposition in 1911, and became a highly visible figure in the nation’s capital for the remainder of the Taft presidency.

(h)  In 1911, Lewis became the first African-American lawyer elected to membership in the American Bar Association.  Unfortunately, his election touched off an effort to expel him from the organization on the part of members who claimed that Lewis had misled the admissions committee by failing to list his race on his application.  Although Lewis was ultimately permitted to remain a member, in part because of the intervention of United States Attorney General Wickersham who wrote personal letters to each of the 4,700 ABA members, the ABA adopted a new rule in 1912 barring other black lawyers from joining the association.  (This rule was not repealed until the 1940’s.)

(i) Lewis left government service in 1913, following the election of Democratic president Woodrow Wilson.  He returned to Massachusetts where he successfully practiced law until his death in 1949.

(j) Historians of early football appear to unanimously agree that Lewis’ election to the College Football Hall of Fame in 2009 was woefully overdue.  It is also time to secure his place in the pantheon of great African-American lawyers.

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Who Is This Guy?

The picture to the left, which was earlier used to illustrate a post describing the original Marquette Law School curriculum, is a photograph of Pamphilus Joseph O’Brien, Law ’15.  His is one of the first photographs that we have of an early Marquette law student, other than the photos in the official class pictures.

O’Brien was born in Wisconsin on May 5, 1889.  His parents, John O’Brien and Julia Cruden O’Brien, operated a farm near Randolph, Wisconsin, on the border of Columbia and Dodge Counties.  Both parent were of Irish descent.  His father was a native of Ireland, while his Wisconsin-born mother was the daughter of Irish immigrants.   O’Brien was apparently named in honor of St. Pamphilius, a now somewhat obscure Christian martyr in the early fourth century.

O’Brien appears to have rarely used his unusual first name, which was somewhat difficult to pronounce, and he was generally known as Pam or P.J.  (Early Marquette bulletins list him as Pam J. O’Brien.)

At some point in his early life, O’Brien moved to North Dakota, where he attended Valley City Normal College, a teacher training institute.  He enrolled in the Marquette Law School in the fall of 1912, at age twenty-three.

As a student at Marquette, O’Brien joined the recently founded Nu Nu chapter of the Theta Nu Epsilon fraternity, a fraternal organization that admitted students at the end of their first year of college.  In the early twentieth century, fraternities were major institutions at most American colleges, and Marquette was no exception.  Theta Nu Epsilon was not a legal fraternity, but in the 1910’s there was no formal differentiation between law students and undergraduate students when it came to fraternity membership.

O’Brien’s involvement with Theta Nu Epsilon reminds us that the lines between law and college students were not nearly so sharp in that era as they are today. Initially, Marquette required only a high school diploma for admission to the day division of the law school.  Then, for more than a decade it required law students to have only a year of college, and that year could be taken in combination with the law course.  As a consequence, there was often very little difference in age between students in the college and their full-time counterparts in the law department.

O’Brien was extensively involved with Theta Nu Epsilon, and his involvement continued after he received his law degree in the spring of 1915.  Later that year he was elected as a trustee of the national fraternity, and the following year he became one of its national officers.

After graduation from Marquette, O’Brien remained in Milwaukee to practice law.  He later married a woman named Hazil Underhill, and at some point the O’Briens moved to California.  Pamphilius O’Brien died in Alameda, California, in 1951, shortly before his sixty-first birthday, and just after the thirty-fifth anniversary of his graduation from Marquette.

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R.I.P. George Steinbrenner

The always flamboyant and usually controversial George Steinbrenner, long-time lead owner of the New York Yankees, passed away at age eighty earlier this week. Steinbrenner had a major impact on the economic landscape of American sports, but the precise nature of his influence was not always appreciated.

First of all, few remember that he was a pioneer in bringing African-Americans into the head coaching ranks. In 1961, as the thirty-one-year-old owner of the Cleveland Piper s of the upstart American Basketball League, he hired successful black college coach John McLendon as his team’s head coach. McLendon’s hiring was significant in that he became the first African-American head coach in the history of major league team sports.

Although the ABL folded after less than two years in operation, it was widely accepted as a “major league” at the time, at least in the same sense as its contemporary (and ultimately more successful) fellow start-up league, the American Football League. Although McLendon, complaining of Steinbrenner’s persistent interference, resigned in mid-season, the Pipers went on to win the championship of the ABL’s inaugural season.

Second, as the owner of the Pipers, Steinbrenner revived the practice of start-up leagues signing away star players from their established competitor. After the ABL was organized, Steinbrenner ignored the option clause in the contract of NBA star Dick Barnett and signed him away from the Syracuse Nationals (now the Philadelphia 76ers), triggering litigation that ultimately required Barnett to rejoin his previous team after one year with Cleveland.

The American Football League, founded in 1959, had by contrast carefully avoided signing any players still under contract to NFL teams and instead filled its rosters by outbidding the older league for the top players coming out of college. At the end of the 1962 season, Steinbrenner also did that when he signed the nation’s top college player, Jerry Lucas of Ohio State, to a Pipers contract. However, at this point Steinbrenner sought admission to the NBA, and when the league rejected his overtures, he folded the Cleveland team.

Fourteen years later, Steinbrenner, by now the owner of the Yankees, did more than anyone, including Marvin Miller, Andy Messersmith, and arbitrator Peter Seitz, to do away with the reserve system that for almost a century had prevented major league baseball players from jumping from one team to another in search of a more lucrative contract.

Late in 1975, Seitz, the labor arbitrator hand-picked by baseball owners, ruled that the language contained in the existing collective bargaining agreement and the standard player contract provided team owners with a right to renew a player’s contract for only a single year, and not in perpetuity, as the owners had always claimed. Subsequent efforts to overturn Seitz’s ruling in federal court failed.

What is not always appreciated is that the elimination of the perpetual reserve did not necessary have to usher in an era of high salaries and player-controlled mobility. If the owners had simply agreed among themselves to continue to honor the reserve rights of a player’s most recent team, then Sweitz’ ruling would have had no effect. Being an official free agent would have conferred no benefit if no major league team other than the player’s former team were willing to bid for his services.

Dodger owner Walter O’Malley apparently attempted to orchestrate just such a response after the owners’ efforts to overturn the arbitration ruling in court failed. Although such conduct would normally constitute an illegal group boycott under the Sherman Act, organized baseball’s immunity from the antitrust laws had been confirmed only three years earlier in Flood v. Kuhn. Until Congress intervened — an unlikely prospect — the baseball owners could simply have ignored Seitz’ ruling.

The boycott, however, had no chance because there were at least two owners, Steinbrenner and Ted Turner, the recent purchaser of the Atlanta Braves, who had no interest in retaining the previous system of restraints on player movement. Steinbrenner and Turner had money and wanted to be able to spend it to improve the quality of their teams without having to convince their fellow owners to agree to such transfers. (Simply purchasing the rights to Messersmith would have required the cooperation of Dodger owner O’Malley, who was already no fan of either Steinbrenner or Turner.)

Although Turner and the Braves actually outbid Steinbrenner’s Yankees for Messersmith’s services, they were only able to do so by topping Steinbrenner $1 million offer to the Dodger pitcher and by exploiting the fact that Messersmith had very little desire to play in New York City. So while he missed out on signing the pitcher that he wanted, it was Steinbrenner who insured that the bidding for Messersmith would reach almost unprecedented levels.

Recognizing the futility of unofficial group action because of the renegades Steinbrenner and Turner, the rest of the owners had to turn to collective bargaining to avoid a situation where all players became free agents once their contracts expired. While George Steinbrenner was not the architect of the limited system of free agency that emerged from the negotiations with the Players Association (and which has been the foundation of baseball labor relations ever since), he was the reason that such negotiations went forward.

In his autobiography, Hardball, then Baseball Commissioner Bowie Kuhn credits Steinbrenner with destroying the old order and for setting off a never-ending upward spiral of player salaries.

Given that he parlayed an investment of $10 million in 1964, into one that was worth in excess of $1 billion at the time of his death, it is had to argue that George Steinbrenner didn’t know exactly what he was doing.

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