Why is the case called Humphrey’s Executor v. United States? Because William E. Humphrey died while the case was being litigated. His estate continued the case, seeking Humphrey’s backpay. Chief Justice Sutherland’s majority opinion states:
“William E. Humphrey, the decedent, on December 10, 1931, was nominated by President Hoover to succeed himself as a member of the Federal Trade Commission, and was confirmed by the United States Senate.”
While teaching this case in 2017, I joked that President Roosevelt removed William Humphrey from the FTC, and from the land of the living. That’s one way to make sure the courts do not reinstate him!
A person watching the lecture on YouTube heard the joke, and checked up on it. Humphrey’s obituary did not state a cause of death. But my viewer requested a copy of the death certificate from the D.C. Department of Health. In fact, Humphrey’s executioner was cerebral hemorrhaging and arteriosclerosis. He died in his home. Humphrey was not assassinated.
There is one legal curiosity here: the certificate lists his occupation as “Retired.” That’s one way to put getting fired.
I’ve had this document in my archives for nearly eight years. With Humphrey’s Executor on the chopping block, now seems like the right time to publish it.
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