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record disclosed that Jean
Sinclair was asked the following question: "Well, I'll put it this way then. Have you had any homosexual acts with Jean or she with you?" Upon the advice of her counsel she refused to answer this question, even though the court ordered her to do so. As a result, Judge Snow ordered Peterson to five days in jail for contempt of court. In response, Justice McDonough said the judge “clearly erred” in finding the witness in contempt and ordered an immediate reversal of the lower court's finding. He argued the appellant was justified in refusing to answer the question, noting his concurring opinion in Sadleir v. Young, Sheriff where the privilege granted a witness not to answer a question which has a tendency to degrade under the provisions of what was then Section 104-49-20, R.S.U. 1933, and which is now Section 78-24-9, U.C.A. 1953. McDonough explained, “the issue in the case of the State of Utah v. Jean Sinclair was whether the defendant therein was guilty of murder. Whether or not Jean Sinclair and appellant herein had indulged in homosexual relations with each other was not an issue in the case, nor was it a fact from which the fact of homicide or murder could be presumed. It might have a tendency to prove motive for such an act. However, motive is not a necessary element in the offense of homicide and proof of motive does not establish guilt nor does absence of motive prove innocence.”
339:, 291 P.2d 400 (Utah 1955), Utah's 1955 Legislative Reapportionment Act was upheld to be constitutional by a 4–1 vote of the State Supreme Court. The establishment reversed a decision by Judge AH Elliot holding the act to be in violation of constitutional provisions requiring representation on a basis of population. Chief Justice McDonough filed the court's sole dissent, primarily based on the Utah Legislature's use of a double ratio in appropriating the Senate. In McDonough's three-page dissenting opinion he wrote: "The opinion of the court states that a single ratio for each house could be used in such manner, if the legislature set about to do so, as to result in grossly disproportionate representation. Of course it could, if the legislature paid no attention to the concededly basic principle leavening the whole of Article IX, and this court stood mute. But it requires no mathematical acumen to demonstrate that the potential of distortion is infinitely greater if a multiple ratio be used.”
311:. According to the Salt Lake Tribune, Justice McDonough described the heritage of American citizenship as not consisting of material things, which can be enjoyed without citizenship, but as being the privileges of a social organization. He was quoted as stating: “American government is not a machine without soul or purpose, as are the philosophies of Hitler and Stalin. May you ever be faithful to your oath, to the end that your children, too, may enjoy that heritage.”
185:(September 29, 1892 – November 25, 1966) was an American judge. He presided over Utah's Third Judicial District Court for ten years. Then in 1938 he was elected to the Utah Supreme Court, where he went on to serve as chief justice from 1947 to 1948 and 1954 to 1959. At the time of his death, his tenure was the longest of any judge or justice in the state's history. McDonough was known for his mediation efforts during the
327:. It was noted in her obituary that during a time when most law firms declined to interview women, then Utah Supreme Court Chief Justice Roger I. McDonough decided she was qualified to clerk for him. Wilkins went on to become a Professor of Law at the University of Utah, and as such the first female administrator in the law school's history.
388:, former member of the Indiana Supreme court, and John W. Yeager, associate justice of the Nebraska Supreme court. The board was ordered to investigate and report in respect to a dispute involving the Wabash Railroad Co. and the Ann Arbor Railroad Co., carriers, and certain employees represented by the Brotherhood of Locomotive Engineers,
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requirement of court examination was replaced with earned diplomas. The program encompassed
American schools and adult-learning programs within Salt Lake City, as well as the Neighborhood house, Chapman Branch Library and Mexican Mission. In 1950, he was one of 21 distinguished Americans to serve on an awards jury appointed by the
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On
November 8, 1938, Roger I. McDonough was elected to Utah’s supreme court, ousting William H. Folland by a vote of 10,728 to 6,578. He went on to win three consecutive 10-year terms on Utah’s high court. Within that time he served as chief justice from 1947 to 1949 and 1954 to 1959. At the time of
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Report to the
President by the Emergency Board Appointed March 15, 1949 by Executive Order 10045 Pursuant to Section 10 of the Railway Labor Act, as Amended: To Investigate and Report in Respect to a Dispute Involving the Wabash Railroad Co. and the Ann Arbor Railroad Co., Carriers, and Certain of
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Justice McDonough was the son of Irish immigrants who came to
America seeking a better life. Over his tenure on Utah's bench, Justice McDonough granted thousands of men and women petitions for US citizenship. In 1935, McDonough assured the citizenship of 160 foreign-born class graduates after the
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In 1963, Jean
Sinclair was tried in Utah's Third District Court for murder in the first degree. The state argued the motive was Sinclair's unnatural relationship with LaRae Peterson, that she had such an impassioned attachment to her, and held resentment toward the male victim. In an appeal, the
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on the charge of submitting a false salary request. Before sentencing, the Utah
Supreme Court intervened; ultimately, Judge McDonough ordered a new trial, and the Secretary of State was acquitted. In 1938, he called a grand jury to investigate vice protection payoffs in Salt Lake County.
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McDonough was a judge in Utah's Third
District Court from 1928 to 1938. For six of those years, his fellow justices selected him to serve as presiding judge of the district court. One of the interesting cases before Judge McDonough's court was the 1935 conviction of Secretary of State
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Chief
Justice James Marsh Douglas, to a presidential fact-finding board, to investigate an ongoing labor dispute in the steel industry in which 700,000 steelworkers threatened to strike. The strike was not averted, but the board's report contributed to the eventual settlement.
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Their
Employees, Represented by the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors, and Brotherhood of Railroad Trainmen : (NMB Case A-3028) : St. Louis, Mo., April 6, 1949
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appointed the Wabash Strike Fact Board by Executive Order 10045 Pursuant to Section 10 of the Railway Labor Act. Roger I. McDonough, chief justice of the Utah Supreme court, was selected as chairman. Additional board members included
220:, he was hired to teach history and geography and eventually became principal of the Jefferson School. McDonough joined the army on October 3, 1917 and was commissioned as second lieutenant in the field artillery at
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Labor Dispute Between Railroad Carriers and Four Operating Railroad Brotherhoods: Hearings Before the Committee on Labor and Public Welfare, United States Senate, Eighty-second Congress, First Session--
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in San Francisco in May 1932. Together they raised five children; Roger James McDonough, John Vincent McDonough, Anne Moore (McDonough), Edward McDonough, and Gerald McDonough.
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his death, it was the longest tenure of any judge in Utah's history. Like previous justices of the Utah Supreme Court, McDonough was called upon to rule in
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prosecutions. In 1950, he was on a three-member panel that dismissed a polygamy prosecution on the grounds that the statute was too vague.
197:. In this role, he served on multiple emergency fact-finding committees to help settle labor disputes in the steel and railroad industries.
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In 1950, President Truman appointed McDonough to an emergency board to help settle labor disputes and avert a nationwide railroad strike.
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Kidnapped from That Land: The Government Raids on the Short Creek Polygamists, Martha Sonntag Bradley, University of Utah Press, 1993
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675:"Becoming American Citizen Proves Serious Business. Foreigners Must Answer Numerous Questions Before Adoption by Uncle Sam"
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303:. The jury selected schools whose programs for teaching citizenship had been outstanding that year. During the onset of
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of Salt Lake City and served as its president in 1944. He was named to the Who's Who in America list beginning in 1946.
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Harry S. Truman, Letter to the Chairman and Members of the President's Steel Fact-Finding Board, January 22, 1946
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In 1946 he was offered an appointment to the International Military Tribunal War Crimes Court (
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216:. He was the son of Irish immigrants Bartley and Minnie Power McDonough. Upon graduation from
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Guide to the United States Emergency Board No. 81 Transcripts and Exhibits, 1950
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McDonough was admitted to the Utah Bar in 1925. From 1925 to 1927, he served as
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Welfare, United States Congress Senate Committee on Labor and Public (1951).
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March 1966; Whitney, "President Names Steel Fact Board, Asks Price Study,"
505:"Commissioned Second Lieutenant McDonough," Park Record, September 6, 1918
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752:"Parkinson v. Watson, 291 P.2d 400, 4 Utah 2d 191 – CourtListener.com"
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appointed Judge McDonough, with University of Wisconsin Law Professor
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Bernstein, "The Truman Administration and the Steel Strike of 1946,"
693:"Citizenship Rites Are Accorded 40 Alien Residents of Salt Lake City"
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and served as the organization's state deputy from 1921 to 1922.
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was one of only three women students in her graduating class at
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450:"Illustrious Park Native, Justice McDonough, Dies on Nov. 25"
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He was married to Mildred Ann Devine by Catholic Archbishop
525:"Utah Judge Weds on Coast" Salt Lake Telegram, May 14, 1932
189:. In the response to the post-war labor crisis, President
810:"National Affairs: Catalytic Agent," Time, Jan. 14, 1946
639:"New Americans Cast Off Old Ties And Names In Ceremony"
618:"New Americans Cast Off Old Ties And Names In Ceremony"
224:. Following the war, he received his education from
776:"In Re Peterson, 15 Utah 2d 27 (1963) 386 P.2d 726"
212:Roger I. McDonough was born September 29, 1892, in
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922:State Deputies of the Knights of Columbus
595:"Citizenship Assured 160 Class Graduates"
912:Chief justices of the Utah Supreme Court
471:"Utah's Justice McDonough Seeks Return"
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72:Chief Justice of the Utah Supreme Court
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729:"Obituary: Lane Wilkins Matthies"
398:Brotherhood of Railroad Trainmen
356:On December 31, 1945, President
331:Gerrymandering and Voting Rights
593:Corbett, Mack (July 19, 1935).
657:"100 Will Seek US Citizenship"
200:McDonough was a member of the
195:National Labor Relations Board
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230:University of Utah Law School
907:20th-century American judges
794:Journal of American History,
422:Park Record, August 30, 1913
376:) in Germany, but declined.
902:People from Park City, Utah
566:The Ogden Standard-Examiner
394:Order of Railway Conductors
325:S.J. Quinney College of Law
208:Personal life and education
171:S.J. Quinney College of Law
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562:"People's Choice At Polls"
16:American judge (1892-1966)
551:Park Record, July 5, 1935
352:Presidential appointments
232:. He was a member of the
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187:Strike wave of 1945–1946
166:University of Notre Dame
892:Utah state court judges
366:Missouri Supreme Court
489:"News About the Town"
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226:Notre Dame University
218:Park City High School
193:appointed him to the
33:Chief Justice of the
495:. December 20, 1918.
267:Third District Court
169:University of Utah,
681:. January 23, 1934.
568:. November 9, 1938.
456:. December 6, 1966.
379:On March 15, 1949,
337:Parkinson v. Watson
281:State Supreme Court
234:Knights of Columbus
157:Mildred Anne Devine
735:. August 19, 1999.
717:. August 27, 1950.
697:Salt Lake Telegram
679:Salt Lake Telegram
661:Salt Lake Telegram
643:Deseret News, p 18
622:Deseret News, p 13
301:Freedom Foundation
183:Roger I. McDonough
129:September 29, 1892
35:Utah Supreme Court
23:Roger I. McDonough
362:Nathan Feinsinger
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222:Camp Jackson
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147:(1966-11-25)
99:Succeeded by
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63:Succeeded by
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887:1966 deaths
882:1892 births
343:LGBT Rights
294:Immigration
247:Utah courts
202:Sierra Club
89:Preceded by
53:Preceded by
876:Categories
761:2020-10-17
407:References
125:1892-09-29
845:cite book
319:In 1953,
162:Education
132:Park City
83:1954–1959
79:In office
47:1947–1948
43:In office
288:polygamy
228:and the
396:, and
258:Summit
154:Spouse
851:link
364:and
142:Died
136:Utah
119:Born
335:In
305:WW2
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