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Frederic R. DeYoung

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Frederic R. DeYoung
Justice of the Supreme Court of Illinois
In office
1924 – November 16, 1934
Succeeded byFrancis S. Wilson[1]
Constituency7th district
Justice of the Superior Court of Cook County
In office
1923–1924
Justice of the Circuit Court of Cook County
In office
1921
Appointed byFrank Lowden
Member of the Illinois House of Representatives
In office
1915–1919
Serving with J. J. O'Rourke (1915–1917)
Louis J. Pierson (1915–1917)
Albert F. Volz (1917–1919)
John Webster McCarthy (1917–1919)
Preceded byJohn M. Curran and Frederick B. Roos
Succeeded byHoward P. Castle
Constituency7th district
Harvey City Attorney
In office
1908–1919
Personal details
Born(1875-09-12)September 12, 1875
Chicago, Illinois
DiedNovember 16, 1934(1934-11-16) (aged 59)
Chicago, Illinois
Political partyRepublican
Other political
affiliations
Democratic
Education
OccupationJurist, politician

Frederic R. DeYoung (September 12, 1875 – November 16, 1934) was an American jurist and politician who served as a judge on the Supreme Court of Illinois (1924–1934), judge on the Superior Court of Cook County (1923–1924), judge on the original Circuit Court of Cook County (1921), member of the Illinois House of Representatives (1915–1919), and the city attorney of Harvey, Illinois (1908–1919), among other public offices. DeYoung ran as a Republican for most of his political career. However, in his last campaign (his 1933 reelection to the Supreme Court of Illinois), he ran instead as a Democrat.

While serving on the Supreme Court of Illinois, DeYoung authored more than 440 opinions. Among the more notable opinions which DeYoung authored was the opinion he authored for the City of Aurora v. Burns case which supported the constitutionally of zoning. This opinion was quoted at length in the opinion for the landmark United States Supreme Court decision Village of Euclid v. Ambler Realty Co., which upheld the national constitutionally of land use zoning.

Early life and education

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DeYoung was born September 12, 1874, in Chicago, Illinois, to parents that had both immigrated as children to the United States from The Netherlands. At the time of his birth, his family resided in one of the most ethnically diverse neighborhoods in the city. However, when he was five years of age, DeYoung's family moved to the village of Roseland, Illinois, which was ethnically Dutch at the time. Several years later, his family moved to South Holland, Illinois, which was a main center of Chicago area's Dutch population.[2]

DeYoung was educated until leaving school at the age of twelve when his family returned to the West Side of Chicago in 1887. He never completed primary school or secondary school.[2] In Chicago, he worked for a local jeweler. In 1890, when he was fifteen, he began working as a timekeeper at a Pullman Company factory near where he lived. He left this job to enroll at Bryant & Stratton Business College, but stopped attending after health issues prevented him from doing so. After this, DeYoung was sent to Europe by his father. Upon returning, he enrolled at Northern Indiana Normal School (which is today known as Valparaiso University), and graduated in 1895. After this, he enrolled at Northwestern University Law School, and received a Bachelor of Laws degree in 1897 at the age of twenty-two.[2]

In 1901, DeYoung met Miriam Cornell, who he had met while attending Northern Indiana Normal College. Together, they settled in Harvey, Illinois, where they would live for nearly twenty-five years, until his election to the Supreme Court of Illinois.[2]

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As both a law student and in his early law career, he worked for the law office of I. T. Greenacre. In private practice, he was associated with numerous prominent lawyers, including then-former Illinois state representative Louis J. Pierson (who would later return to the state house in 1915, incidentally being elected to represent the 7th district alongside DeYoung). Through his connections, he became involved in Republican Party politics.[2]

Harvey City Attorney

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In 1907, DeYoung was elected Harvey City Attorney. He was twice reelected, and served until 1919.[2]

Illinois House of Representatives

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In 1914, DeYoung was elected to the Illinois House of Representatives from the seventh district, representing some of the south suburbs of Chicago. In 1916, he was elected to a second two-year term. In his second term, he served as chairman of the judiciary committee.[2]

1918 Cook County Probate Court campaign

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Instead of seeking reelection to the state house, he opted to run for a judgeship on the Cook County Probate Court. However, he was defeated by incumbent Democrat Henry Horner.[2] Horner won 176,839 votes, a plurality of 48,259 over DeYoung's 122,081 votes. In the city of Chicago, DeYoung won 143,362 votes to Horner's 191,621 (a result of 59.16% to 40.84%). However, DeYoung led the vote in suburban Cook County, winning 21,281 over Horner's 14,782 votes there.[3]

After losing his 1918 campaign, he would serve as the first assistant attorney for the Sanitary District of Chicago.[2] In November 1919, he was elected to serve as one of two delegates to the 1920 Illinois Constitutional Convention from the seventh legislative district of Illinois.[4][5]

Circuit Court of Cook County

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In 1921, Governor Frank Lowden appointed him to fill a vacancy on the Circuit Court of Cook County.[2] In June, DeYoung was an unsuccessful candidate for election to a full term on the Circuit Court of Cook County.[6]

On December 23, 1921, DeYoung won a special contingent election that would have seen him hold a judgeship from the Supreme Court of Illinois' seventh district for a term expiring in 1933 had the proposed new Illinois constitution been ratified by voters at that election. Since the new constitution failed to win enough votes to be ratified, the election result was ultimately inconsequential.[6]

Superior Court of Cook County

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In 1923, DeYoung was elected to a judgeship on the Superior Court of Cook County.[2]

Supreme Court of Illinois

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In June 1924, DeYoung was elected a Republican to the Supreme Court of Illinois. He was reelected as a Democrat in 1933 to serve a second term, but died in office before finishing that term.[2][7]

Notable opinions

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During his ten years on the court, he authored more than 440 opinions.[2]

The 1933 People v. Bruner was consequential in overturning a law that had been in effect since 1827 allowing juries in criminal cases to determine both law and facts. In his majority opinion, DeYoung held that it was unconstitutional by infringing on the right of judges to interoperate the law. He argued that the juries role was merely to determine matters of guilt or innocence. The Chicago Tribune hailed the decision as being, "the biggest step forward in criminal procedure in the last fifty years".[2]

In People v. Fisher, DeYoung's majority decision ruled that, in a felony trail where the plea is not guilty, the defendant can waive a jury trial and have their cause heard and determined by the judge.[2]

In City of Aurora v. Burns, DeYoung's wrote the first opinion that supported the constitutionally of zoning. It would be quoted in length in the landmark United States Supreme Court decision Village of Euclid v. Ambler Realty Co., which upheld the national constitutionally of land use zoning.[2]

Other work

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DeYoung served on the Harvey Public Library Board and the Thornton Township High School Board. DeYoung was also president of the First National Bank of Harvey.

Personal life

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After their 1901 wedding, DeYoung and his wife Mirriam settled in Harvey, Illinois. Together they had a son named Herbert (who would grow up to become a lawyer) and a daughter named Ruth (who would grow up to take the name Ruth DeYoung Kohler after marrying Herbert Kohler Sr., and would become a notable journalist and women's rights activist).[2]

Death

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DeYoung died on November 16, 1934, in Chicago, Illinois, as a result of a stroke.[2][8][9][10] Serving as honorary pallbearers at his funeral were his fellow Illinois Supreme Court justices and former governors Edward Fitzsimmons Dunne, Charles S. Deneen, and Frank Lowden. DeYoung was buried at Oak Lawn Cemetery.[2]

Electoral history

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Harvey City Attorney

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Illinois House of Representatives

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Republican primary for the 1914 Illinois House of Representatives 7th district general election[11]
Party Candidate Votes %
Republican Louis J. Pierson 5,113 31.30
Republican Frederick R. DeYoung 4,929 30.17
Republican Harry O. Meyer 3,747½ 22.94
Republican Walter S. Parker 2,547 15.59
Total votes 16,336½ 100
1914 Illinois House of Representatives 7th district general election[12]
Party Candidate Votes %
Democratic J. J. O'Rourke (incumbent) 14,709½ 24.77
Republican Louis J. Pierson 14,176 23.87
Republican Frederic R. DeYoung 14,709½ 23.63
Progressive William A. Adams 6,444 10.85
Progressive Julius H. Gewke 5,252½ 8.84
Socialist J.J. Hitchcock 4,778½ 8.05
Total votes 59,393 100
Republican primary for the 1916 Illinois House of Representatives 7th district general election[13]
Party Candidate Votes %
Republican Federick R. DeYoung (incumbent) 8,692½ 41.77
Republican Albert F. Volz 7,230 34.74
Republican Lewis B. Springer 6,049½ 29.07
Republican William J. Cameron 2,307 11.08
Republican Hugo J. Thal 1,695½ 8.15
Republican William A. Adams 1,658½ 7.97
Republican C.A. Hercules 1,519 7.30
Republican Harry Otto Meyer 1,410½ 6.78
Republican John W. Carroll 3 0.01
Total votes 20,811 100
1916 Illinois House of Representatives 7th district general election[13]
Party Candidate Votes %
Republican Frederick R. DeYoung (incumbent) 29,461½ 28.88
Republican Albert F. Volz 28,205 28.61
Democratic John W. McCarthy 16,450 16.68
Democratic Charles S. Bell 14,591½ 14.80
Socialist James A. Prout 4,964½ 5.04
Independent Hope Thompson 4,184 4.24
Progressive A. Volz 742 0.75
Total votes 98,598½ 100

Probate Court of Cook County

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1918 Cook County Probate Court election[3]
Party Candidate Votes %
Democratic Henry Horner (incumbent) 176,839 59.16
Republican Frederick R. DeYoung 122,081 40.84
Total votes 298,920 100

Delegate to the 1920 Illinois Constitutional Convention

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1920 Illinois Constitutional Convention 7th district delegate election
(held November 4, 1919)[5]
Party Candidate Votes %
Republican Frederic C. DeYoung 6,404 34.56
Republican Amos C. Miller 6,356 34.39
Democratic A.E. Rauland 2,385 12.90
Independent John Stevens 1,471 7.96
Socialist Charles Mergin 931 5.04
Socialist Paul Matz 934 5.05
Independent Fed Becker 1 0.00
Independent John C. Tervan 1 0.00
Total votes 18,483 100

Cook County Circuit Court

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1921 Cook County CircuitCourt election[6]
Party Candidate Votes %
Democratic George Kersen 349,249
Democratic David M. Brothers 336,053
Democratic Hugo M. Friend 332,971
Democratic Victor P. Arnold 332,544
Democratic Frank Johnston Jr. 332,021
Democratic Harry M. Fisher 330,841
Democratic George Fred Rush 330,456
Democratic Thomas G. Windes 329,897
Democratic David F. Matchett 329,724
Democratic Charles M. Thompson 329,250
Democratic John R. Caverly 329,036
Democratic Francis S. Wilson 328,266
Democratic Thomas Taylor Jr. 327,834
Democratic Oscar M. Torrison 326,767
Democratic Donald L. Morrill 325,109
Democratic Thomas J. Lynch 323,784
Democratic Philip L. Sullivan 323,322
Democratic John A. Swanson 320,503
Democratic Ira Ryner 311,582
Republican Bernard P. Barass 248,967
Republican Jesse Baldwin 238,387
Republican Frederick R. DeYoung 233,468
Republican Harry B. Miller 233,022
Republican Anton T. Zeman 232,967
Republican Edward S. Day 230,881
Republican Jesse Holdon 230,771
Republican James W. Breen 229,700
Republican James V. O'Donnell 228,856
Republican William W. Smith 226,010
Republican Henry Utpatel 225,912
Republican John Richardson 225,618
Republican Jacob Ringer 225,365
Republican Thomas J. Peden 225,194
Republican Edgar A. Jonas 224,316
Republican George A. Curran 223,167
Republican Henry T. Chace 222,320
Republican Eugene H. Dupee 222,101
Republican William C. Hartray 219,881
Republican Frank D. Ayers 219,274
Socialist Christian Meier 18,363
Socialist Swan M. Johnson 18,036
Socialist Mordecai Shulman 17,434
Socialist Samuel H. Holland 17,404
Socialist Carl Stover 17,331
Socialist Edward T. Saltiel 17,106
Socialist Hyman Epstein 17,047
Socialist Louis R. Holmes 16,954
Socialist Kellam Foster 16,927
Socialist Robert H. Howe 16,841
Socialist Marcus H. Taft 16,837
Socialist Oliver C. Wilson 16,831
Socialist Kasimir Gugis 16,829
Socialist John M. Collins 16,827
Socialist Daniel A. Uretz 16,828
Socialist Charles Beranek 16,802
Socialist Andrew Laflin 16,666
Socialist Louis T. Herzon 16,610

Superior Court of Cook County

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1923 Superior Court of Cook County election[14][15]
Party Candidate Votes %
Republican Oscar Hebel (incumbent) 151,884
Republican Charles M. Foell (incumbent) 239,598
Republican Marcus Kavanaugh (incumbent) 239,232
Democratic Jacob H. Hopkins 235,178
Republican Hugo Pam (incumbent) 332,908
Republican Hosea W. Wells 232,095
Republican Albert C. Barnes (incumbent) 231,355
Democratic Michael L. McKinley (incumbent) 231,189
Republican William H. McSurely (incumbent) 222,309
Republican William N. Gemmill 221,350
Democratic John M. O'Connor (incumbent) 220,564
Democratic Dennis E. Sullivan (incumbent) 217,420
Republican Wells M. Cook 217,328
Democratic Joseph H. Fitch (incumbent) 210,133
Democratic Charles A. Williams 209,330
Republican Emanuel Eller 203,248
Republican Frederick R. DeYoung 201,917
Democratic William J. Lindsay 201,435
Republican Howard W. Hayes 194,250
Republican Thomas Marshall 186,306
Democratic Marvin E. Barnhart 184,935
Republican George E. Gorman 184,904
Democratic James C. Jeffery 181,761
Democratic Harry P. Beam 180,011
Republican James W. Breen 179,674
Republican Iwrin R. Hazen 177,264
Democratic Julius F. Smietanka 172,696
Republican Anton T. Zeaman 174,891
Democratic John F. Bolton 169,795
Republican Louis J. Behan 169,258
Democratic Charles J. Michal 169,147
Democratic Max M. Korshak 161,795
Democratic Frank H. Graham 158,680
Democratic Martin J. Isaacs 152,778
Republican Frederick B. Roos 151,182
Democratic James H. Poage 150,932
Republican Edward H. Morris 147,597
Democratic Frank T. Huening 145,227
Socialist Marcus H. Taft 16,241
Socialist Pierce L. Anderson 15,395
Socialist Charles V. Johnson 15,183
Socialist John M. Collins 15,177
Socialist Kellam Foster 15,020
Socialist Otto Branstetter 14,618
Socialist Ivar Anderson 14,579
Socialist Mary O'Reilly 14,553
Socialist Jason A. Imes 14,229
Socialist John C. Flora 14,056
Socialist Leon J. Ell 13,901
Socialist John T. Whitlock 14,156
Socialist Herman Dickstein 14,152
Socialist Harry E. Aldrich 14,110
Socialist David Norstedt 14,029
Socialist Bernard Berlyn 13,907
Socialist Raphael B. Green 13,876
Socialist Bernard Kortas 13,864
Socialist Mike Ladevich 13,350
Total votes 100

Supreme Court of Illinois

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1922 Special Continent Election for the Illinois Supreme Court 7th District term expiring in 1933[6]
Candidate Votes %
Frederick R. DeYoung 260,541 100
Total votes 260,541 100

Note: Election was of no effect due to failure of proposed new Illinois Constitution to be ratified by voters

1924 Illinois Supreme Court 7th District election[14]
Party Candidate Votes %
Republican Frederick R. DeYoung 100,143 51.51
Democratic Angus Roy Shannon 94,281 48.49
Scattering Other 1 0.00
Total votes 194,425 100
1933 Illinois Supreme Court 7th District election[7]
Party Candidate Votes %
Democratic Frederick R. DeYoung (incumbent) 535,928 100
Scattering Other 4 0.00
Total votes 535,932 100

References

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  1. ^ "Supreme Court of State Ends June Term". Newspapers.com. The Daily Chronicle. United Press. June 19, 1935. Retrieved August 28, 2022.
  2. ^ a b c d e f g h i j k l m n o p q r s "Frederic R. DeYoung 1924-1934" (PDF). illinoiscourthistory.org. Illinois Supreme Court Historic Preservation Commission. Retrieved July 17, 2022.
  3. ^ a b "Complete Police Returns on County Offices". Chicago Tribune. November 7, 1918. Retrieved July 17, 2022 – via Newspapers.com.
  4. ^ "6 Dec 1919, 2 - Chicago Eagle at Newspapers.com". Chicago's Constitutional Delegates. Chicago Eagle. December 6, 1919. Retrieved July 17, 2022 – via Newspapers.com.
  5. ^ a b Official Vote of the State of Illinois Cast at the General Election, November 7, 1922 Judicial Elections, 1921-1922 Primary Election, April 11, 1922 Also Special Elections and Primaries 1921-1922. Illinois Secretary of State.
  6. ^ a b c d Official Vote of the State of Illinois Cast at the General Election, November 7, 1922 Judicial Elections, 1921-1922 Primary Election, April 11, 1922 Also Special Elections and Primaries 1921-1922. Illinois Secretary of State.
  7. ^ a b Official Vote of the State of Illinois Cast at the General Election, November 6, 1934 Judicial Elections, 1933-1934 Primary Election General Primary, April 10, 1934 Presidential Preference, April 8, 1924. Illinois Secretary of State.
  8. ^ Illinois Supreme Court-Frederic R. DeYoung
  9. ^ "Justice Frederic R. De Young Is Dead-Stroke Proves Fatal; Family At His Bedside". Chicago Tribune. November 17, 1934. p. 1. Retrieved July 6, 2020 – via Newspapers.com.
  10. ^ Delegates' Manual of the Fifth Constitutional Convention of the State of Illinois, 1920, Illinois State Journal Company: 1920, Biographical Sketch of Frederic R. DeYoung, pg. 163
  11. ^ Official Vote of the State of Illinois Cast at the Primary Election Held on September 9, 1914. Illinois Secretary of State.
  12. ^ Official Vote of the State of Illinois Cast at the General Election Held on November 3, 1914. Illinois Secretary of State.
  13. ^ a b Official Vote of the State of Illinois Cast at the General Election November 7, 1916 Judicial Elections 1915–1916 Primary Elections April 11 and September 13, 1916. Illinois Secretary of State.
  14. ^ a b Official Vote of the State of Illinois Cast at the General Election, November 4, 1924 Judicial Elections, 1923-1924 Special Elections, 1923-1924 Primary Election, April 9, 1924 Presidential Preference, April 8, 1924. Illinois Secretary of State.
  15. ^ "Chicago-Cook County Election". Chicago Tribune. November 7, 1923. Retrieved July 17, 2022 – via Newspapers.com.