Otto Kerner Sr.

Otto Kerner (February 22, 1884 – December 13, 1952) was the attorney general of Illinois and a United States circuit judge of the United States Court of Appeals for the Seventh Circuit. He was a member of the Democratic Party.

Otto Kerner
Kerner circa 1927
Judge of the United States Court of Appeals for the Seventh Circuit
In office
November 21, 1938 – December 13, 1952
Appointed byFranklin D. Roosevelt
Preceded bySeat established by 52 Stat. 584
Succeeded byElmer Jacob Schnackenberg
Attorney General of Illinois
In office
1932–1938
GovernorLouis Lincoln Emmerson
Henry Horner
Preceded byOscar E. Carlstrom
Succeeded byJohn Edward Cassidy
Judge of the Illinois Appellate Court
In office
1931–1932
Judge of the Circuit Court of Cook County
In office
1927–1931
Chicago Alderman from the 12th Ward[1]
In office
1913–1919
Serving with Joseph I. Novak (1913–1914; 1916–1920) and Rudolph Mulac (1914–1916)
Preceded byWilliam F. Schultz
Succeeded byAnton Cermak
Personal details
Born
Otto Kerner

(1884-02-22)February 22, 1884
Chicago, Illinois, U.S.
DiedDecember 13, 1952(1952-12-13) (aged 68)
Chicago, Illinois, U.S.
Resting placeBohemian National Cemetery
Chicago, Illinois
Political partyDemocratic
Spouse
Rosalie Chmelíková
​
(m. 1907)​
ChildrenOtto Kerner Jr.
EducationLake Forest College (LLB)

Education and career

Kerner was born in Chicago, Illinois on February 22, 1884 to Czech immigrants Karel Boromejský Kerner (1852–1912) from Ronov nad Doubravou, and Josefa [née Šejbová] (1855–1921) from Hrazánky.[2][3][4] Kerner received a Bachelor of Laws from Lake Forest College in 1905. He was in private practice of law in Chicago from 1905 to 1915.[5] In 1911, Kerner was one of incorporators of the Bohemian Lawyers Association of Chicago.[6] From 1915 to 1927, Kerner was a master in chancery of the Circuit Court of Cook County, Illinois. In 1927, he became a Judge of the Circuit Court of Cook County and in 1931 he became a Judge of the Illinois Appellate Court. In 1932, Kerner became Attorney General of Illinois, a position he held until 1938.[5] He was a member of the Democratic Party.[7]

As Illinois Attorney General, Kerner clarified the confusion as to whether liquor could be legally sold in Illinois following the ratification of the Twenty-first Amendment, and subsequent repeal of Prohibition, in December 1933.[8] Kerner opined that the state statute governing the sale of 3.2 percent beer had nothing to do with the sale of liquor and other beverages of more than 3.2 percent after Repeal.[8] As a result of Kerner's opinion, local breweries in Chicago announced that ales, stouts, and porters as strong as 4 and 5 percent would be placed on sale.[8]

Federal judicial service
Kerner's grave at Bohemian National Cemetery

Kerner received a recess appointment from President Franklin D. Roosevelt on November 21, 1938, to the United States Court of Appeals for the Seventh Circuit, to a new seat authorized by 52 Stat. 584. He was nominated to the same position by Roosevelt on January 5, 1939. He was confirmed by the United States Senate on February 1, 1939, and received his commission on February 9, 1939.[5]

He remained on the bench until his death in Chicago on December 13, 1952.[5][9] Kerner was interred at the Bohemian National Cemetery in Chicago.[7]

Family

Kerner married Rosalie [née Chmelíková] (1885-1979) in Chicago in 1907.[10] She was a Czech immigrant from Lišov.[11] Their son Otto Kerner Jr. was twice elected Democratic Governor of Illinois, serving from 1961 to 1968, and also served as a Judge of the Seventh Circuit from 1968 to 1974.[7]

References
  1. "Centennial List of Mayors, City Clerks, City Attorneys, City Treasurers, and Aldermen, elected by the people of the city of Chicago, from the incorporation of the city on March 4, 1837 to March 4, 1937, arranged in alphabetical order, showing the years during which each official held office". Archived from the original on September 4, 2018. Retrieved December 24, 2018.
  2. "Státní oblastní archiv v Praze". ebadatelna.soapraha.cz. Retrieved March 22, 2020.
  3. Kerner (1852). "Ronov nad Doubravou Church Records". FamilySearch.
  4. Kerner (1952). "Illinois, Cook County Deaths, 1878-1994". FamilySearch.
  5. "Kerner, Otto, Sr. - Federal Judicial Center". fjc.gov.
  6. "Bohemian Lawyers Association of Chicago". Archived from the original on February 5, 2006. Retrieved February 1, 2006.
  7. "The Political Graveyard: Index to Politicians: Kentner to Keron". politicalgraveyard.com.
  8. Skilnik, Bob (2006). Beer: A History of Brewing in Chicago. Fort Lee, N.J.: Barricade Books Inc. ISBN 1-56980-312-9.
  9. "Judge Kerner, of U.S. Appeals Court, is Dead". The Star Press. Chicago. AP. December 14, 1952. p. 1. Retrieved June 27, 2022 – via Newspapers.com.
  10. Kerner (1907). "Illinois, Cook County Marriages, 1871-1920". FamilySearch.
  11. "DigiArchiv of SRA Trebon - ver. 20.03.13". digi.ceskearchivy.cz. Retrieved March 22, 2020.

Sources
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