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David B. Bartell

Birth
Death
21 Jan 2006 (aged 97)
Burial
San Diego, San Diego County, California, USA Add to Map
Memorial ID
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BARTELL, Esq., DAVID B. July 21, 1908 to January 21, 2006
David B. Bartell passed away on Saturday, January 21st at the age of 97 1/2 years.
David Bartell graduated from Marquette Law School located in Milwaukee, Wisconsin, in 1934. He was licensed to practice law in the states of Wisconsin, Arizona, New York and California.
Passionate about his profession, David Bartell practiced law for more than seventy years. A prominent member of the Wisconsin State Bar in his early legal career, David Bartell practiced law in Milwaukee counseling union members such as Amalgamated Meat Packers and Butcher Workmen of North America, International Harvester, United Steel Workers, and later IATSE screen-picture salesmen.
One of his most admirable legal objectives was to always help the 'little guy.'
He also firmly believed and practiced the constitutional premise that any individual accused of a crime is entitled to his day in court, represented by a competent attorney.
David Bartell staunchly defended the Constitution of this Country to which he immigrated with his parents Benjamin and Lena Beznor, brother Lee and sister Belle in 1913, at the age of 5.
One of Mr. Bartell's most prominent cases received national attention. In 1962, the Milwaukee County District Attorney filed an action to prohibit the distribution in Wisconsin of the book "Tropic of Cancer," alleging that it violated the state's obscenity laws. Representing the author, Henry Miller, as well as the publisher and national distributer, McFadden Publications, David Bartell took the case to the Wisconsin Supreme Court arguing that no one should be able to say to the American public: "You can read this and you cannot read that. Even Hitler's 'Mein Kampf' and the works of Karl Marx are sold freely in the United States, no matter how hateful the ideas they contain may be." Bartell persuaded the court to rule, contrary to courts in otherparts of the country where the novel was being banned, that "Tropic of Cancer" did not constitute obscenity and its distribution in Wisconsin could not lawfully be prohibited under the United States and Wisconsin Constitutions.
David Bartell also took this case to the United States Supreme Court wherein the decision in favor of Bartell, and his client, the book entitled "Tropic of Cancer," was affirmed. This case became a milestone in the development of the First Amendment - Freedom of the Press.
David Bartell was appointed by Mayor Meier as a member of the Milwaukee Community Relations Board.
He also was appointed a Special Deputy County Attorney for Pima County, Arizona, for which he received monetary compensation in the amount of $1 per year.
Mr. Bartell is survived by his wife of 61 years, Santa, loving daughters and grandchildren. He will be missed.
Private services will be conducted on Friday, January 27, 2006, at El Camino Memorial Park, 5600 Carroll Canyon Road, San Diego, California 92121 at 10:15 a.m.
The family suggests that any private contributions be made to: National Jewish Medical and Research Center 1400 Jackson Street Denver, Colorado 80206
Please sign the guest book at obituaries.uniontrib.com Published in the San Diego Union-Tribune on 1/26/2006.
BARTELL, Esq., DAVID B. July 21, 1908 to January 21, 2006
David B. Bartell passed away on Saturday, January 21st at the age of 97 1/2 years.
David Bartell graduated from Marquette Law School located in Milwaukee, Wisconsin, in 1934. He was licensed to practice law in the states of Wisconsin, Arizona, New York and California.
Passionate about his profession, David Bartell practiced law for more than seventy years. A prominent member of the Wisconsin State Bar in his early legal career, David Bartell practiced law in Milwaukee counseling union members such as Amalgamated Meat Packers and Butcher Workmen of North America, International Harvester, United Steel Workers, and later IATSE screen-picture salesmen.
One of his most admirable legal objectives was to always help the 'little guy.'
He also firmly believed and practiced the constitutional premise that any individual accused of a crime is entitled to his day in court, represented by a competent attorney.
David Bartell staunchly defended the Constitution of this Country to which he immigrated with his parents Benjamin and Lena Beznor, brother Lee and sister Belle in 1913, at the age of 5.
One of Mr. Bartell's most prominent cases received national attention. In 1962, the Milwaukee County District Attorney filed an action to prohibit the distribution in Wisconsin of the book "Tropic of Cancer," alleging that it violated the state's obscenity laws. Representing the author, Henry Miller, as well as the publisher and national distributer, McFadden Publications, David Bartell took the case to the Wisconsin Supreme Court arguing that no one should be able to say to the American public: "You can read this and you cannot read that. Even Hitler's 'Mein Kampf' and the works of Karl Marx are sold freely in the United States, no matter how hateful the ideas they contain may be." Bartell persuaded the court to rule, contrary to courts in otherparts of the country where the novel was being banned, that "Tropic of Cancer" did not constitute obscenity and its distribution in Wisconsin could not lawfully be prohibited under the United States and Wisconsin Constitutions.
David Bartell also took this case to the United States Supreme Court wherein the decision in favor of Bartell, and his client, the book entitled "Tropic of Cancer," was affirmed. This case became a milestone in the development of the First Amendment - Freedom of the Press.
David Bartell was appointed by Mayor Meier as a member of the Milwaukee Community Relations Board.
He also was appointed a Special Deputy County Attorney for Pima County, Arizona, for which he received monetary compensation in the amount of $1 per year.
Mr. Bartell is survived by his wife of 61 years, Santa, loving daughters and grandchildren. He will be missed.
Private services will be conducted on Friday, January 27, 2006, at El Camino Memorial Park, 5600 Carroll Canyon Road, San Diego, California 92121 at 10:15 a.m.
The family suggests that any private contributions be made to: National Jewish Medical and Research Center 1400 Jackson Street Denver, Colorado 80206
Please sign the guest book at obituaries.uniontrib.com Published in the San Diego Union-Tribune on 1/26/2006.


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  • Maintained by: Whitney G
  • Originally Created by: dot
  • Added: Jan 26, 2006
  • Find a Grave Memorial ID:
  • Find a Grave, database and images (https://www.findagrave.com/memorial/13139712/david_b-bartell: accessed ), memorial page for David B. Bartell (21 Jul 1908–21 Jan 2006), Find a Grave Memorial ID 13139712, citing El Camino Memorial Park, San Diego, San Diego County, California, USA; Maintained by Whitney G (contributor 46897095).