Subseries: David Rabinovitz, 1985 May 10
Note: Access online.

INTRODUCTION

BIOGRAPHICAL BACKGROUND
Scope and Content Note: Orthodox Jew. Debating team in high school. Very poor during the Depression, but family did not accept welfare. Jewish community in Sheboygan “helped each other.” Went to Marquette University because it was in the largest city in Wisconsin and he would have a better chance of getting work while in school. Did all kinds of jobs while at Marquette. Made the traveling debating team at Marquette. Also was in the glee club, which served as the church choir, singing Catholic hymns in Latin. After two years at Marquette, he transferred to the University of Wisconsin in Madison because he did not like Marquette's law school; felt the professors, most of whom were lawyers, were not scholarly enough. At the UW, also had many jobs, made the debating team and glee club, and became active in the Hillel Foundation.

BECAME CHAIRMAN OF THE FARMER-LABOR-PROGRESSIVE FEDERATION (FLPF)
Scope and Content Note: “The leftist group of the Progressives.”

MORE BIOGRAPHICAL BACKGROUND
Scope and Content Note: Law degree in 1930, after only five years of higher education. Also audited many courses at the University of Wisconsin. Short about one semester of getting a B.A. in speech.

HOW RABINOVITZ BECAME A LABOR LAWYER--GARTON TOY COMPANY STRIKE
Scope and Content Note: When he returned to Sheboygan, after getting his law degree, there was a strike at the Garton Toy Company. Maud McCreery, “suffragist,” hired him to get the strikers out of jail. “I wasn't too active in labor at all, but I felt very sorry for them.” About 25 or 30 were arrested for unlawful picketing. A jury trial found them not guilty. “And I got started in the labor movement.” This was about 1932-33. “And then the Kohler strike came along in'34.”

THE FIRST KOHLER STRIKE, 1934
Scope and Content Note: He was supposedly on a retainer with the union, but actually did not get paid. He was living at home at the time, but was asked to leave home when the Kohler Company refused to buy any more scrap iron from his father. “Our family broke up on account of that.... My clients left me.” His office was the strike headquarters. Signed a personal note to pay the telephone bills which were running about 100-150 dollars a month. Went with attorney Joe Padway to see AFL President William Green in Washington. Green gave him a check for 1000 dollars.

ANECDOTE ABOUT HOW A STRIKE SETTLEMENT FELL THROUGH BECAUSE OF JOE PADWAY
Scope and Content Note: Hearing was held before the National Labor Relations Board. Rabinovitz and Lucius Chase, Kohler's attorney, had a settlement worked out; but Padway liked to talk and at the hearing he “antagonized old man Kohler so much--he called him 'a plumber with a strong back and a weak mind'” that Kohler instructed Chase to cut off negotiations with Rabinovitz.

RABINOVITZ GAVE TO THE STRIKERS THE THOUSAND DOLLARS HE HAD RECEIVED FROM GREEN
Scope and Content Note: There were no strike benefits, just donations of food. “I endorsed it over to the union, the only fee I ever got.”

EFFECTS OF THE KOHLER STRIKE ON RABINOVITZ'S PERSONAL LIFE
Scope and Content Note: His legal business “went way down.” Was told to resign as president of B'nai B'rith. Was asked to resign from the Elks and the Moose Lodge. Also asked to resign the office he held in his synagogue. “It was tough going, except I was single and I didn't have too much living expense.”

STRIKE FINALLY SETTLED AFTER ABOUT SEVEN YEARS
Scope and Content Note: New officers of the State Federation of Labor made a settlement. “It was nothing. They just dropped it without the authority” of the local leadership. A mediator had been unable to get the Kohler Company to settle the strike, but he did get the company to resume scrap iron business with Rabinovitz's father. “So we made peace at home. At least I moved back into my home.”

MORE ON THE FARMER-LABOR-PROGRESSIVE FEDERATION
Scope and Content Note: “I became active in the Progressive Party as soon as I got out of school.” Spent his honeymoon at a FLPF convention in Oshkosh. “Sam Sigman...and a few of us felt that the Progressive Party was not liberal enough. Henry Ohl was the mainstay of that. He felt that Phil La Follette was playing both ends to the middle as far as labor was concerned.... Henry Ohl was the ... sparkplug....” FLPF gradually disintegrated to the point where the conventions were drawing very few people. People had become more conservative; the La Follettes were not supporting the FLPF; labor was losing interest. Meanwhile, Rabinovitz was county chair of the Progressive Party and served on the state central committee. FLPF could assemble fifty women at the labor hall to do mailings and telephone calls. FLPF was the “backbone” of the Progressive Party in Sheboygan. When Phil La Follette came to town, however, “he would socially go to chambers of commerce.... country clubs, disassociate himself as far as he could from the Farm Labor people.”

PHIL LA FOLLETTE REFUSED TO ACCEPT QUESTIONS AT THE STATE FEDERATION OF LABOR CONVENTION IN BEAVER DAM 1936
Scope and Content Note: Purposely held in Beaver Dam because it was the headquarters of the Law and Order League, an anti-labor group. “I was very close to Henry Ohl. I was like a son of his. I sat with him throughout the conventions. We ate together.” Phil La Follette addressed the convention and hurried off the stage. Henry Ohl called La Follette back to the stage, saying he had a lot of questions to ask him. La Follette said he had a previous engagement and left.

CONSERVATIVES REPLACED THE OLD SOCIALIST LEADERSHIP OF THE STATE FEDERATION OF LABOR
Scope and Content Note: Even Dan Hoan went into business and became quite wealthy.

“GERMAN RUSSIAN” PEOPLE IN SHEBOYGAN HAD A RADICAL TRADITION
Scope and Content Note: As immigrants, they had been recruited by the Kohler Company. They were the core of the 1934 strike. Had a pretty strong Communist Party in Sheboygan in the 1930s. Many of the “German Russians” worked in the Kohler foundry, sandblasting without masks. Later many got silicosis for which they received no compensation.

THE WISCONSIN DEMOCRATIC PARTY PRIOR TO THE DOC
Scope and Content Note: “The Democratic Party was a small organization run by Charlie Broughton of the Sheboygan Press, Bill Rubin. It was a little club of some kind. There was no philosophy behind it. There was no liberalism connected. It was a patronage organization.... Then we walked in with this DOC and we got labor interested....”

LA FOLLETTE'S ATTEMPT TO ORGANIZE THE NATIONAL PROGRESSIVES OF AMERICA KILLED THE PROGRESSIVE PARTY
Scope and Content Note: “Sawed off swastika.” Phil ran the meeting; no one else spoke. “This was a dictatorship. He ran it like Hitler did.” Phil was the main speaker at a Bund rally in Sheboygan. This infuriated Henry Ohl.

END OF TAPE 69, SIDE 1

INTRODUCTION

MORE ON THE DEMOCRATIC PARTY PRIOR TO THE DOC
Scope and Content Note: Rabinovitz attempted to work with Broughton and the others. “It was pretty much of a closed corporation... It was a party of dishing out post office jobs.”

DISSOLUTION OF THE PROGRESSIVE PARTY
Scope and Content Note: Labor people went to the Democratic Party. Several Progressive officeholders entered the Republican Party. Rabinovitz went to the Democrats. Worked for Dan Hoan for governor.

RABINOVITZ WORKED AT ORGANIZING DOC UNITS IN THE SHEBOYGAN AREA
Scope and Content Note: Most labor people were involved in this work. Old-line Democrats still controlled some patronage, however.

MORE ON PRE-DOC DEMOCRATIC PARTY
Scope and Content Note: Leaders could not get along with each other at one point, so Broughton, Rubin, and Gerald Clifford shared the duties of chairman of the party.

FIRST DOC CONVENTION, 1949
Scope and Content Note: One of the issues for the platform was labor law.

1950 DEMOCRATIC SENATORIAL PRIMARY
Scope and Content Note: “Dilweg was still the remnants of the Broughton group.”

WILKIE-NASH CHAIRMANSHIP ELECTION
Scope and Content Note: Rabinovitz nominated Wilkie. “I was really bawled out by labor.” Nash was a good orator. Rabinovitz's son was for Nash; son was active in the Young Democrats.

ANECDOTE ABOUT A DIFFICULT LEGAL CASE FOR WHICH WILKIE WROTE THE WRIT OF PROHIBITION FOR RABINOVITZ
Scope and Content Note: Wilkie told Rabinovitz he had “a perfect case.” The case involved a fight over the value of some Kohler stock in the course of a divorce settlement. Rabinovitz had to take the case to Wisconsin Supreme Court. By this time Wilkie was on the Supreme Court and he told Rabinovitz he did not have a case.

MORE ON THE WILKIE-NASH ELECTION
Scope and Content Note: Supported Wilkie because he liked him and he knew him better than he knew Nash.

MADISON-MILWAUKEE RIVALRY
Scope and Content Note: Rabinovitz did not see himself as being aligned with one group more than the other. “There was real enmity between those groups there. And the truth of the matter, there wasn't that much of a difference. It was personality clashes.” Rabinovitz hoped Horace Wilkie, who was not very aggressive, would provide peace in the party.

LUCEY-NASH CHAIRMANSHIP ELECTION
Scope and Content Note: Rabinovitz supported Lucey and his son, again, supported Nash. Jean Lucey “openly attacked my son. My son was fourteen, fifteen years old, young kid. And she attacked him as double-crossing her....” Rabinovitz's daughter was also for Nash.

MORE ON MADISON-MILWAUKEE RIVALRY
Scope and Content Note: Christ Seraphim stirred up a lot of trouble. Rabinovitz had a big bar mitzvah party for his son, attended by 400 people. Seraphim was circulating nomination papers at the party for his race against John Reynolds for Attorney General. Rabinovitz, (on the request of Nat Hefernan), asked him to stop. “I didn't take sides. If you didn't take sides, you were a traitor. You had to take sides. And I felt I didn't want to take sides.” Rabinovitz made peace speeches at the conventions.

1954 DEMOCRATIC GUBERNATORIAL PRIMARY
Scope and Content Note: Rabinovitz supported Jim Doyle over Bill Proxmire.

END OF TAPE 69, SIDE 2

INTRODUCTION

POLITICALLY THE AFL AND THE CIO WERE PRETTY MUCH TOGETHER

RABINOVITZ SUPPORT FOR JOHN KENNEDY IN 1960
Scope and Content Note: Had worked closely with John and Bobby Kennedy for several weeks during the Kohler strike hearings. Especially close to Bobby; even spent some weekends at his home. Did not come out openly for Jack Kennedy until after he had been asked to do so by Pat Lucey. Rabinovitz the only labor person in Wisconsin who was openly supporting Kennedy. He could not draw a crowd for a Kennedy dinner. Jack Kennedy was considered anti-labor because of his support for the Landrum-Griffin Act, but Rabinovitz maintained that that law did not hurt labor. There was also an erroneous impression that the Kennedys were not helpful during the Kohler hearings. The Teamsters Union was also one of Rabinovitz's clients. Anecdote about Rabinovitz meeting with Jimmy Hoffa who speculated about the possibility of Bobby Kennedy becoming attorney general and prosecuting him. When it became known that Rabinovitz was supporting Kennedy, the Teamsters withdrew as a client of his. Rabinovitz did not mind, since the Teamsters only paid him 400 dollars a year. Ray Majareus, who was assistant to Harvey Kitzman, the UAW regional director, supported Kennedy sub rosa. Kitzman was very close to Hubert Humphrey. “It was tough going. Of course, after the primary, then there was no problems. Labor came -over to Jack Kennedy.”

RABINOVITZ DESCRIBES POLITICAL PICTURES ON THE WALL OF HIS OFFICE

RABINOVITZ GAVE SPEECHES ABOUT THE LANDRUM-GRIFFIN BILL
Scope and Content Note: Had to counter Teamster propaganda. “...the benefits of the Griffin Landrum Bill. The only people that it affected were the racketeers and the dishonest labor people. The purpose was to clean up labor. It wasn't an anti-labor bill.” Rabinovitz had worked with the Kennedys in drafting the bill. The UAW set up a series of debates between Rabinovitz and Orville Freeman. Freeman knew agriculture, but he did not know labor law. At a packed meeting in Janesville, “I just made a fool out of Orville Freeman because I proved that Humphrey was for it the Landrum-Griffin Act too.” Freeman refused to debate the issue after that meeting. The union people at the Parker Pen Company in Janesville supported Kennedy and were very pleased with Rabinovitz's debate “because they were outcasts” because of their support for Kennedy.

RABINOVITZ MADE MANY SPEECHES FOR KENNEDY DURING THE CAMPAIGN

DEBATE WITH GEORGE HABERMAN ON THE LANDRUM-GRIFFIN ACT AT A BUILDING TRADES MEETING
Scope and Content Note: Haberman challenged him to the debate. “I met him in the barroom. He was half drunk already.... He didn't know what the hell the Griffin-Landrum bill was all about.... He made a fool of himself. He made a speech for Humphrey and I spoke for Kennedy. And he made an ass of himself. It got to the point where when he got up to talk, half the delegates... walked out on him.”

WALTER REUTHER WAS TOO CLOSE TO HUMPHREY TO RECOGNIZE KENNEDY'S HELP IN THE KOHLER HEARINGS
Scope and Content Note: “Bobby treated him a little rough at the hearing. Bobby had to do something. He just couldn't be one-sided completely. And he treated Harvey Kitzman pretty rough.” Kitzman wanted to make a speech at the hearings, which were televised in Milwaukee. Bobby did not want to allow it, but Rabinovitz convinced him to allow a twenty minute speech. When Kitzman had gone on for a half hour, Bobby got angry.

ANECDOTE ABOUT RABINOVITZ STATEMENT IN A SPEECH THAT HUMPHREY HAD “SOLD OUT” LABOR BY SWITCHING FROM THE SENATE LABOR COMMITTEE TO THE SENATE AGRICULTURE COMMITTEE
Scope and Content Note: Rabinovitz was campaigning with Jack Kennedy who told him that the press was asking if he agreed with the statement. “'And I Kennedy said I don't.' What else could he say? But then in the next breath, he says, 'Keep up the good work. Don't stop it, Dave, you're getting results.'” Then Rabinovitz ran into Humphrey at a party Eppie Lederer Ann Landers threw for him. Humphrey was very hurt and Rabinovitz had to convince him that it was politics, not personal. Humphrey did later try to help confirm Rabinovitz's judgeship appointment, more so than even Proxmire.

RABINOVITZ'S JUDGESHIP APPOINTMENT
Scope and Content Note: Sixty FBI people investigated him, “Bobby told me. On account of the Kohler strike, the boycott....” There was a lot of pressure on the Kennedys not to appoint Rabinovitz. Anecdote about Gaylord Nelson pounding Bobby Kennedy's table in favor of Jim Doyle. Kennedy said, “'No goddamn senator comes in my office and pounds my table.'”

RABINOVITZ WAS MENTIONED AT THE LAST PRESS CONFERENCE JOHN KENNEDY HELD
Scope and Content Note: Rabinovitz's son taped the press conference. Kennedy compared Rabinovitz to Louis Brandeis.

“KOHLER AND THE JEWISHNESS” WERE THE MAIN OBSTACLES IN GETTING RABINOVITZ CONFIRMED AS FEDERAL JUDGE
Scope and Content Note: During his interim appointment, Rabinovitz cleaned up the backlog of the court. State Bar Association poll against Rabinovitz.

ANECDOTE ABOUT HOW THE LAWYERS IN SUPERIOR VOTED AGAINST RABINOVITZ IN THE STATE BAR ASSOCIATION POLL EVEN THOUGH THEY DID NOT EVEN KNOW HIM

END OF TAPE 70, SIDE 1

INTRODUCTION

BARNABAS SEARS, WHO HAD ORIGINALLY INVESTIGATED RABINOVITZ AND RECOMMENDED A THUMBS DOWN VOTE BY THE BAR ASSOCIATION, LATER ASKED THAT THE DECISION BE REVERSED
Scope and Content Note: This was the first time the Bar Association ever took a vote on whether it approved of a judicial appointee or not.

A GROUP OF LAWYERS FORMED A COMMITTEE TO ASSIST RABINOVITZ'S APPOINTMENT
Scope and Content Note: Madison lawyers to this day call Rabinovitz 'judge.' They raised 10,000 dollars to send former Wisconsin Republican Party chair Claude Jasper to Washington to lobby Everett Dirksen and others on Rabinovitz's behalf. Wound up with more support from Republican lawyers than Democratic lawyers, since the latter tended to support Jim Doyle for the judgeship.

RABINOVITZ EARNED THE RESPECT OF MANY LAWYERS DURING HIS INTERIM APPOINTMENT BECAUSE HE WORKED SO HARD
Scope and Content Note: Kept court in session during the summer months, contrary to tradition. Held court on Saturdays and holidays. Cleaned up about 150 of the backlog of 170 cases while he was interim judge. Twenty-seven of his cases were printed. Seven or eight were appealed to the circuit court of appeals and all were affirmed.

THE ISSUE ABOUT RABINOVITZ'S RESIDENCY WAS BOGUS
Scope and Content Note: There were New York judges who lived in New England. All one had to do was establish residency in the judicial district when taking office as judge there. Rabinovitz moved to the Park Hotel in Madison while trying to sell his big house on Lake Michigan. Finally sold it at about one-fifth its value. Examples of other judges who lived outside the districts they were appointed to.

HAD NO CHANCE TO BE APPOINTED TO THE WESTERN DISTRICT JUDGESHIP WHEN IT BECAME VACANT

COULD HAVE BEEN CONFIRMED BY A VOICE VOTE, BUT SAM ERWIN AND JAMES EASTLAND PREVENTED IT
Scope and Content Note: They were holding Rabinovitz hostage for an appointment of a southern racist to a court in Mississippi.

ANECDOTE ABOUT GAYLORD NELSON TRYING TO STOP RABINOVITZ'S INTERIM APPOINTMENT, WHICH NELSON DENIES

PROXMIRE, WHO FAVORED RABINOVITZ'S APPOINTMENT, HAD LITTLE INFLUENCE

AFTER THE APPOINTMENT WAS NOT CONFIRMED, RABINOVITZ WANTED TO STAY IN MADISON
Scope and Content Note: Liked Madison and had, of course, lost all his clients in Sheboygan. Wanted to be referee in bankruptcy, but Doyle would not appoint him. Doyle claimed that Nelson was pushing him for the judgeship more than he was pushing Nelson for the appointment.

OTHER DIFFICULTIES WITH THE JUDICIAL APPOINTMENT
Scope and Content Note: A lawyer in Michigan, who served time for picket line activities, was up at the same time. Reuther and George Meany did not help the cause. Thousands of telegrams on Rabinovitz's behalf were never shown to the senate committee which was considering his appointment.

FUNDRAISING DINNERS FOR THE DEMOCRATIC PARTY OF WISCONSIN
Scope and Content Note: Rabinovitz organized dinners and could always count on raising 50,000 dollars from wealthy Jews. Their motive was “because they wanted to help me to be judge.” The first dinner while Nelson was governor was held in Milwaukee and Christ Seraphim had done nothing to organize the dinner only two weeks before it was scheduled to be held. Rabinovitz wound up doing all the work.

CHRIST SERAPHIM
Scope and Content Note: “There's no question about his inabilities. The man is an ignoramus. Besides his other conduct, he's incapable.” Got fifteen percent of fundraising dinners by serving as chairman, even though he did no work for the dinners. Nelson appointed him municipal judge. “He had a desk. He had nothing on the desk. Not a statutue book even. He never practiced law. He never knew law.”

1962 JEFFERSON-JACKSON DAY DINNER
Scope and Content Note: Lucey's claim that Milwaukee people and labor opposed the dinner is not true. Rabinovitz spent two months working on this dinner. The unions came through.

PROXMIRE FUNDRAISING DINNER
Scope and Content Note: His usual source of wealthy Jewish contributors would not contribute unless Proxmire worked harder on Rabinovitz's judgeship appointment.

LYNDON JOHNSON FUNDRAISER

END OF TAPE 70, SIDE 2

INTRODUCTION

RABINOVITZ'S ELECTION AS NATIONAL COMMITTEEMAN, 1960
Scope and Content Note: The Kennedys wanted him. Put on a big affair at the Schroeder Hotel in Milwaukee. National Committee chair Paul Butler made a speech very critical of the incumbent committeeman, Herman Jessen. Rabinovitz had campaigned statewide for the position. Had previously lost to Jessen, but beat him two to one the second time. Rabinovitz worked hard once elected. “I made something out of it. I traveled to Washington a lot. I really set up some lines of communication...”

DEMOCRATIC PARTY OF WISCONSIN TODAY “ISN'T THAT MUCH OF AN ORGANIZATION ANY MORE”
Scope and Content Note: He has not been to a convention since he was judge, but understands the conventions are smaller.

RABINOVITZ IS CURRENTLY “INCLINED TO QUIT THE PARTY”
Scope and Content Note: Ted Kennedy is leaning toward the center of the political spectrum. “I think they're getting too conservative.... Tip O'Neill is doing nothing. He's not leading. There are no leaders in Washington. Who's leading the party? Nobody. They're all following Reagan. He's got them by the nose.”

MORE ON FUNDRAISING DINNERS

MORE ON THE CURRENT STATUS OF THE DEMOCRATIC PARTY OF WISCONSIN
Scope and Content Note: Matt Flynn, candidate for U.S. senator, is “no flaming liberal.” “There isn't that spirit anymore.” Occasionally goes to party meetings in Sheboygan. Sees no activity by labor in the party in Sheboygan. No leadership. People are more conservative.

STATUS OF LABOR TODAY
Scope and Content Note: “A union to them is something that they can ... get a little increase in pay, an extra holiday. There is no feeling of spirit.” Except for contract time, very low attendence at meetings.

DISAPPOINTED IN THE WAY THE PARTY TURNED OUT IN WISCONSIN
Scope and Content Note: “No spirit of liberalism. No spirit of labor; they're not leaning towards labor.” Lack of organization. Business people rather than labor people are local party leaders.

ASSESSMENT OF WISCONSIN DEMOCRATS IN OFFICE
Scope and Content Note: They were liberal. Tony Earl may be more liberal than predecessor Democratic governors.

MORE ON DECLINE OF PARTY SPIRIT
Scope and Content Note: “Years ago when we wanted twenty-five, thirty women volunteers, there'd be no problem.”

IRRATIONALITY OF CURRENT DEMOCRATIC CONSERVATISM

END OF INTERVIEW