New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-09-08
HIS INTEGRITY ATTACKED.
CHARGES AGAINST JUDGE JOHN LOWELL.
IT Is ASSERTED THAT HE GAVE DECISION IN
FAVOR OF COMPANY IN WHICH HE

IL 10 ASSERTED THAT HE GAVE A DECISION IN
FAVOR OF COMPANY IN WHICH HE
HELD STOCK IN TRUST.
"The World" yesterday published certain alleged
disclosures, which, proved to he true viii reflect
seriously the judicial integrity OF exJudge John
LOWELL of Massachusetts. Judge Lowell, who
is cousin Of James Russell Lowell and
the author OF work on bankruptcy which has
become standard authority. served on the United
states Circuit Court bench OF Massachusetts from 1873
TO 1884. After leaving the bench he returned 10
the practice of law, and May 2s, 1856, was ap-
pointed by Judge Nelson Master I'm Chanoery TO
hear the evidence in suit brought by the Western
Union Telegraph Company against the American Bell
Telephone Company. The suit involved nearly
81 600, which the Western Union Telegraph Com
pany claimed royalties due TO it under an agreement
made in 1870 with the Natlonal-now American-Ben
Telephone Company. by the terms OF this agreement,
the Western Union was 10 receive a royalty Of %
per cent on the earnings Of tho Bell Company,
return for license to the telephone patents
troled by the Western Union
In 1883 the Western Union discovered-so It de-
cared-that II was not receiving royalty on certain
receipts Of the Bell Company which, the Western
Union declared. were subject to the royalty. These
receipts were in the form, not Of money for annual
rentals, but of shares In local companies. The tele
phone company denied the claim and the Western
Union Immediately began an action for an account
ing. OF the S22, 900 in stock admitted by the
Bell Company in 1886 to be held by 1t in local COM
panes, 90 per cent, or $4,4O00OO was claimed by
the Western Union. Dividends had been paid on some
of the stock and Of these the Western Union claimed
81, Os0 OOO making total claim Of 81 4sO 900.
1t is now alleged that Judge Lowell has handed
down decision unfavorabe to the claims Of the
Western Union and that that company Will move to
set aside the report, the ground that Judge
Lowes brother nephew and other relatives hold
a large amount Of American Fell Telephone Company
stock. 1t Is also alleged that Judge Lowell himself
holds in trust 1900 shares of the stock under the
will of his father John A. Lowell. Further than this
il is asserted that the counsel OF the Western Union
Company have searched back into the records Of the
United States Circuit Court for the District OF MasSa
chusets, and have found decision OF Judge Lowells
favorable to the Bell Telephone Company made at
time when his father held stock OF that company
collateral security for loan Of 100000. Had Judge
Lowell then decided against the Bell Company, 1t Is
asserted the collateral would have been OF little value
1t is said that the fact that Judge Lowes father held
this stock was not made public until it brought
out in the course Of the notorious PanElectrc inves
tigatiOn.
The article referred to says that those persons
bearing the closest relation TO Judge Lowell IN
creased their holdings Of telephone stock while de-
cisions pending, and that the rapid increase
in the value of stock was Of great benefit to them.
Figures given taken from the reports made by
the Bell Company to the Massachusetts authorities,
to prove the assertion. In of the telephone
cases. that known the Dolbear suit ii Is said that
Judge Gray now of the supreme Court, was
ciated with Judge Lowell in the decision. and the
article declares that numerous relatives Of the
former as well as Of the latter fascinated by
Bell telephone stock investment"
General Wager Swayne, Of Dillon & Swayne coun-
sci for the Western Union, said yesterday that he
knew nothing about the published article. He had
not read it, did not know what il contained, and
did not want TO know. lie declined TO talk about
the case, and said that he would have nothing TO
do with it.
DR.. NOrvin Green. president of the western Union,
Is quoted as saying that the report was published
without any authority consideration his part,
and was too previous" On the best Of his knowl-
edge and belief such decision that indicated had
been handed down by Judge Lowell, although there
was rumOr I'm circulation that he had reached a con
clt ion adverse 10 the Western Union. SHOULD al
adverse decision be actually fled" added Dr. Green,
it will be fought by the Western Union with every
weapon at its command"