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DECEMBER t IfH
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something itBour justice
' VAN DEVANTER
The Xollowing article is repro
duced from the Golden (Colo.)
Globe:
Judgd Taft is a most lovable man
in many respects. Two of these
qualities, viz: his good nature and
lack ,of suspicion, have done him
much injury.. Through them he has
been taken prisoner by the Aldrich
tribe, and now finds himself at vari
ance with tho great majority of his
party. He may be able to pull
through, but if he does it will be on
account of his popularity won be
fore he became president. His visit
to the west and the speeches made,
have boon one of continued at
tempted explanation of his acts.
What he has accomplished is yet to
bo seen.
At- Minneapolis on Oct. 24th we
are told that "he replied again as he
did at Aberdeen, S. D., to the charge
that ha had set up the supreme court
with the understanding that the
judges would emasculate tho anti
trust statute'
"Of course," said the president,
"there is not the slightest founda
tion in such a statement.- Of course
I never had an understanding of any
sort with any man I ever put upon
the bench, and the man or men who
make such a charge lightly, reveal
the fact that they have no realiza
tion of the iniquity, the corruption,
that would be involved in such an
understanding. "
We must believe the president
when he says, "I never had an under
standing of any sort with any man
I ever put on the bench."
We must believe him also when
he speaks of the "iniquity, the cor
ruption, that would be involved in
such an understanding.
.Jt-jjvrely.. would have boon, wholly,
inexcusable for the president to have
such a personal "understanding" as
ho himself declares would involve
"iniquity and corruption."
But did the men who caused tho
president to make these appoint
ments have any such an understand
ing? Did . they not know what
each of these proposed judges would
do in. reference to certain questions?
Was President Taft in any doubt
as to what Chief Justice White would
do toward overturning the majority
opinion and following his own ex
pressed minority" opinion, in the
case of U. S. vs. Trans-Missouri
Freight association 1G6 U. S. 290?
Did not tho president have every
reason" to believe that he would do
exactly as he did in the Standard Oil
Co., vs. U. S. 31 Court. Rep. 503?
Did not the president have every
reason to believe that each of the
other three judges appointed by him
would be in perfect harmony with
Chief Justice White. Could ho not
easily gather this from the recom
mendations oral and written of each
and all of these men. Take for in
stance the following in relation to
Justice Van Devanter.
December 9, 1910. To His Excel-
The Commoner.
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lency, the President of the United
States, Executive Mansion, Washlng-
twu " " ear sir: in reference
to tho application of tho Hon. Wil
liam Van Devanter for appointment
as one of the Justices of the supreme
court of tho United States, I beg
leave to call your attention to an
opinion written by tho learned cir
cuit judge on May 2nd, 1910, in tho
case of Thomas B. Stuart and Charles
A. Murray vs. Union Pacific Railroad
company and reported in Vol. 178,
Federal Reporter, at page 753. This
case is now pending in tho United
States supreme court, and num
bered 694, a writ of certiorari hav
ing been granted therein at tho
prosent term of the supreme court.
I also forward for your inspection,
under separate cover, a copy of the
petition for tho writ of certiorari,
and also a copy of our opening argu
ments on file in tho supreme court.
Millions of dollars of property will
bo taken from tho people of tho
states of Colorado, Kansas and Ne
braska, and given to tho Union
Pacific Railroad company, should
the opinion of tho circuit court of
appeals be affirmed. The appoint
ment of Judge Van Devanter to a
place upon the supreme bench would
be construed, of course, as an in
dorsement of tho position taken by
him in this, the most Important caso
ever decided by him.
. I am a lawyer of over forty years
practice, and while the question of
politics should not enter into such
grave questions as the ono here pre
sented, I may be permitted to say
that I have never voted any other
than the republican ticket in na
tional politics, although I have not
at all times been in harmony with
my party in local or state politics,
when interests control it that I think
are selfish or un-republican. With
great respect, yours very truly,
T. B. STUART.
In answer the following was re
ceived. '
December 13, 1910, My Dear Sir:
Your letter of December 9th, and
accompanying papers, was received
and at once brought to the atten
tion of the president. Very truly
yours, CHARLES D. NORTON,
Secretary of the President.
In the opinion of Judge Van De
vanter referred to in the above let
ter it is said, "Finally the appellants
rely upon the recent dicision in
Union Pacific R. R. Co., vs. Harris
215 IT. S. 386 as definitely holding
that the authority of the company to
extend its road west of the 100th
meridan was derived from the act of
1866 and not from the act of 1864. Of
course if that be as stated, it must
be followed." Judge Van Devanter
then proceeds to argue that the su
preme court overlooked section 9 of
the act of 1864, and finds that the
supreme court was mistaken in its
conclusions. In short he reverses
the decision of the supreme court
of the United States, written by
Judge Brewer, and among the last
opinions written by him. The Van
Devanter opinion gives the Union
Pacific road and each of its branches
a strip of land 400 feet wide from
Omaha and Kansas City to Denver,
Cheyenne and Ogden.
Tt gives to them land of private
citizens that have been held under
government patent, and paid taxes
on for over 'forty-fivo years. There
are more than a score of cases now
pending in Colorado, and these are
barely starters of tho litigation. The
U. P. R. R. will under this deci
sion, be entitled to a strip of land
400 feet wide clear through the city
of Denver to the union depot and
out again to Cheyenne. Millions of
dollars in value have thus been won
by the railroad In Colorado, and
probably similar amounts in Kansas
and Nebraska.
The above letter called the preBi
jt'a fitfnntlnn to the situation. We
are hardly willing to believe that so
15
good and wise a man as Proaidont
Taft could voluntarily make such an
appointment. Is it the result of an
other one of tho tricks of tho Union
Pacific," by and through which it Das
controlled the appointment of every
federal judge west of the Missouri
river?
Van Devanter knocks out tho Har
ris caso, White knocks out tho Trans
Missouri freight decision next will
follow tho Northern Securities de
cision. Each of these decisions
woro fortresses of strength turned
over by Roosevelt to Mr. Taft.
Two of thorn have already
boon handed ovor to the enemy,
through Mr. Taft's appointments,
and tho nation has lost every battlc
field won by the pcoplo In tho last
thirty years. T. 13. 8., In tho Golden
(Colo.) Globo.
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M
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WHERE?
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Houston, Texas.
1911
Please send me, without obliga
tion on my part, your Gulf Coast
Farm Land Booklet advertised in
The Commoner. Signed:
Name
P. O
State
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