THE JEWISH NEWS
Friday, May 24, 1946
Chief Justice
Henry M. litutzel
An Appreciation on the Occasion of His Seventy-fifth Birthday;
Judge Simons Reviews History of Butzel Family, Their Settlement
Here, the Eminent Lawyer's Rise to Michigan's Highest Court
By JUDGE CHARLES C. SIMONS
U. S. Circuit Court of Appeals
many important corporations and estates, younger
men were added and it became, in 1915, the firm
of Butzel, Levin and Winston, with a large and
remunerative practice. Henry's encouragement
was perhaps no insignificant contribution to
Fred's invaluable services to the community,
and he cheerfully assumed the greater part of
the burden of an increasing practice to free Fred's
time for public service.
—Photo by Eric Bennett
IT WAS A FORTUNATE
day for Detroit and its Jewish community when
the two earlier Butzels, the brothers Martin and
Magnus, decided to make this their home. Both
had come from Bavaria as young men, Martin
preceding his younger brother, Magnus, by some
six years. From business activities for a period
in the State of New York, they arrived in Detroit
in 1862, and as partners with Solomon Heineman,
built a successful manufacturing business which
prospered for many years until their retirement.
Both were active in communal affairs, partic-
ularly in Temple Beth El, and in its relief organ-
ization which later merged with others into the
United Jewish Charities. Magnus, a man of broad
culture and keen intellect, became active in civic
affairs, was one of the first directors of the Detroit
Chamber of Commerce, a member of the Board
of Education, and Public Library Commissioner.
The branch public library on. East Grand Boule-
vard bears his name.
When I was a boy the Butzel homes stood
vis-a-vis on Woodward Avenue,, north of what
is now Vernon Highway. It was a district of fine
homes, shaded by giant trees, and any clear Sun-
day morning would be the occasion of a veritable
Easter Parade, with prominent citizens in Prince
Albert coats and tile hats proceeding with their
fashionable ladies to and from the many churches
on Woodward Avenue.
Great Lawyer, Humanitarian
THROUGH THE ACTIVITIES
of the brothers and their descendants, the name
Butzel became an honored one in the commun-
ity, without envy or derogation of others. From
the Martin Butzel homestead on the west side
of the avenue, came Leo M. Butzel to become
one of the distinguished lawyers of the city,
guide and counsellor of its great industries. From
the Magnus Butzel home on the east, came Henry
M. and Fred M. Butzel, the former, oldest of
four brothers to become, likewise, a distinguished
lawyer, head of a great legal firm; the latter to
become a great humanitarian and communal
leader whose place in the life of Detroit and
the nation needs no exposition.
Justice Butzel was born May 24, 1871. His
mother was Henrietta Hess, known to her in-
timates as "Tante Yeta." She was always look-
ing for maids, until one morning she undertook
to take a buxom lass home with her from
Central Market in her electric and was arrested
as a White Slaver. The brothers never tire of
that story.
Henry was graduated from the University
of Michigan with the degree of Ph.B. in 1891,
and L.L.B. in 1892. I remember well the
little office in the old Union Trust Building, to
which Fred came, when he graduated in 1897,
to become his brother's associate in the firm of
Butzel and Butzel. That office was soon out-
grown, and as the firm became more solidly
established, with Henry becoming counsel for
* * *
Never Sparing of Time, Money
HENRY BUTZEL WAS
never sparing of money, time or energy when
the community or the public interest required
them, but never sought public office. He was a
leader in many Jewish charitable organizations;
became, as had his father before him, president
of Temple Beth El; was president of the United
Jewish Charities; one of the earliest members
of the American Jewish Committee; served dur-
ing World War I as chairman of one of the
Legal Advisory Boards; taught law at the Uni-
versity of Detroit; was president for two terms
of the Detroit Bar Association, and inaugurated
its Legal Advisory Department.
I am certain it was without self-seeking on
his part when, on July 25, 1929, Governor Green
tendered him an appointment as an Associate
Justice of the Supreme Court of the State to
fill a vacancy caused by the death of Justice
Fellows. Of him the Governor said, "He has
the broad and understanding outlook on life and
the qualities of good citizenship which are as
necessary as profound legal knowledge to a
correct solution of the important problems that
come before our highest court."
*
* *
First Jew on Supreme Court
APPOINTED IN 1929,
Justice Butzel had to stand for election in 1930
for the balance of the Fellows' term, and was
successful. He was reelected in 1931 and 1940
for the full terms, and has served with distinc-
tion as Chief Justice. He was the first Jew to
sit on the State Supreme Court, and is today the
second oldest member of the court in length of
service.
Intense Enthusiasm in His Work
WHAT HAS IMPRESSED
his friends most through the years, has been
Justice Butzel's intense enthusiasm in his work.
The duties of an appellate judge are grinding and
monotonous. The Justice is an essentially gre-
garious individual, with a deep love for human-
kind, but not for him are the human contacts
and the ever unfolding drama of the trial court.
Often an innate sense of justice compels labor-
ious independent research in quest of a sound
result in an ineptly briefed and poorly argued
case, yet his zest has never grown cold or stale
with the years.
It was always so. One cannot forget his con-
tributions to the discussions of the Wednesday
Night Club—that brilliant galaxy of lawyers,
doctors, engineers, and business executives whose
members, once a month for 25 years, went at each
other on every conceivable problem without
gloves, where pretension was promptly exploded,
_papers prepared with the care given to contribu-
tions to scientific journals, and every man was
assayed solely by what intrinsically he was. I
doubt not that the Wednesday Night Club con-
tributed to the development of Justice Butzel,
as it has to the development of the rest of us.
* .*
*
Recalls His Favorite Story
P ERHAPS WHAT HAS
saved Justice Butzel from boredom and kept alive
his refreshing enthusiasm, is his almost irrepres-
sible instinct for the incongruous and the humor-
ous in every situation. I suspect that he has
found difficulty in controlling it, even when on
the bench. His favorite story is of the gentle-
man who called on him while in private practice,
to urge that he run for circuit judge, promising
to vote and work for him should he be a can-
didate. When assured that Mr. Butzel had no
such ambition his visitor replied, "Well, anyway,
if you was a judge what would you decide in
such and such a case?"
On May 26, 1907, Justice Butzel married Mae
Schlesinger of Chicago. They have three children,
two daughters and a son, all happily married,
and there are now three grandchildren. Their
home has been for many years at 101 Edi-
son Avenue, where, though with ample resources
they live without ostentation. Though all doors
are open to him, I believe that slippers and house-
coat are more often his garb than white tie and
tails. To the Butzels, generous contributions to
worthy causes give greater satisfaction than
lavish display. As Justice Butzel reaches
the three-quarter century mark, his friends,
the profession and the laity all hope that his
seasoned and matured judgment will remain
available to the deliberations of his great court
for many more years to come.
Of Mr. Butzel's career as an Associate Justice
and as Chief Justice of the highest court of the
state, it may be said
without qualification
that it has been a not-
able one. He brought
From The Germanic Influence
to the court a sound
by John Andrew
legal scholarship, a
breadth of human
The_ Butzels were Bavarians from
sympathy and under- Schesstitz. When Magnus was 14 he was
standing, an intimate apprenticed to the business of making
interior wood finish for buildings and do-
knowledge of the
ing artistic
problems that beset
glass work .
business and industry, i• He became a
a respect for sound
journeyman in
precedent and the
1847, worked at
learning of his great
his trade for
predecessors, but an
five years and
open mind to the
then came to
needs of a changing
America join-
world. He has been a
ing Martin who
great influence on that
was two years
court, both in check-
his senior and
ing reckless judicial
had come six
years earlier.
e x p e r imentation on
Martin was in
the one hand, and in
business at
clearing the way to
S augerties,
progress by departure
near Kingston,
Magnus Butzel
from obsolete doctrine.
New York.
Martin and Magnus lantzel
in the Making of Michigan"
Russell (1927)
. The brothers formed a partnership in
a dry goods business, and went into busi-
ness in Peekskill, N. Y. whence they came
to Detroit in 1862. Here they became as-
sociated with their brother-in-law, Emil
Solomon Heineman, and started to manu-
facture clothing and men's furnishings.
Heineman retired in 1890 and Magnus
Butzel in 1893 because of failing sight.
Magnus was a member of the Board
of Education in 1882 and in 1883. He was
elected a Commissioner of the Public
Library in 1883, was re-elected in 1889,
and again in 1895. He was one of the
first directors of the Detroit Chamber of
Commerce.
Martin was less given to participa-
tion in public affairs-