George, Jr. Shiras
George, Jr. Shiras was an influential American lawyer and Supreme Court Justice, known for his significant contributions to legal interpretations regarding government regulation and antitrust law in the late 19th century. Born in a context of growing industrialization, he studied law at Yale and began his practice in Pittsburgh, gaining a reputation as a skilled corporate lawyer by representing various local industries, including railroads and banking. Appointed to the Supreme Court in 1892 by President Benjamin Harrison, Shiras faced the challenges of balancing state and federal powers, often siding with government regulation while questioning the expansion of national authority.
One of his most notable cases was Pollock v. Farmers' Loan and Trust Co. (1895), where an initial ruling in favor of a federal income tax law was later reversed after a reargument, leading to discussions about judicial consistency and influence. Despite some controversy surrounding his vote in this case, subsequent interpretations have suggested that Shiras's role may not have been as pivotal as initially believed. Ultimately, Shiras's tenure is marked by a complex engagement with issues of corporate power, taxation, and federalism during a transformative period in American history. His legacy reflects the evolving landscape of U.S. jurisprudence during the late 19th century.
Subject Terms
George, Jr. Shiras
Nominated by: Benjamin Harrison
Significance: Shiras is remembered as an impartial Supreme Court judge and an independent thinker. Generally, he defended civil liberties, upheld the right of states to regulate business, and voted against the Sherman Antitrust Act of 1890.
Shiras studied law at Yale and in a Pittsburgh law office and was admitted to the Pennsylvania bar in 1855. Representing local railroad, banking, oil, coal, and iron interests, he earned a reputation as an extremely capable corporation lawyer. In 1881 he turned down an offer from the state legislature to represent Pennsylvania in the U.S. Senate.
Although lacking experience in public service, Shiras was appointed to the Supreme Court by President Benjamin Harrison in 1892. As a justice, Shiras typically voted to uphold government regulation against challenges from the states but supported challenges to new extensions of national power. In many cases, Shiras voted to restrict the Sherman Antitrust Act (1890). He is best remembered for his apparent change of opinion in Pollock v. Farmers’ Loan and Trust Co. (1895). Initially, the decision was five to four in favor of the constitutionality of the 1894 income tax law, but after reargument, one justice changed his mind, making the statute unconstitutional. For many years, Shiras was credited with changing his vote, but in 1928 Justice Charles Evans Hughes suggested that it was not Shiras who provided the crucial vote.