The advocate and Topeka tribune., 1893-06-28
COOLEY vs.. COOLEY.
Judge Cooley is PlutOCratic Lawyer but
he Does not Sustain Judge Horton,


months ago there appeared in the repub-
lican papers letter from Judge Cooley
to Chief Justice Horton commendatory
Of the latter's opinion in the Gunn
habeas corpus case. 1t was published
and commented upon in an eCstacy OF
Rlee by that class Of pumpkin Drained
editors and jackass lawyers who had
been devoting the winter to q demon
stration that ''sixty.five is bigger than
tifty-eight," and whose comprehension OF
the question is narrowed to that favorite
formula Of statement.
Except by Judge Cooley the Judicial
discrimination that the one number iP,
really, greater than the other has not
received any specially lsudatory remark,
save from one or two politicians Of this
state whose assent to the arithmeticsl
axiom was published along with the
judges letter.
So far as these adulatorY "me toos"
are concerned their opinion, made up as
it is known to be OF partisan rsncor,
stupid ignorance Of the subject, and
cringing servility to corporate power, can
be estimated by the people Of Kansas at
it's real worth, but Judge Cooley is un-
known here, except to the legal proHes-
sion, in fact not well know to it, and
what weight may be Justly due his utter
ances upon the question can best be told
after forming his acquaintance. Allow
me to introduce him. He ls rated among
the foremost judges of constitutional
law in the country; no was for many
years q justice Of the supreme court Of
Michigan, a professor Of law in her state
university, and the author Of two or
three valuable legal works. Up to ten or
twelve years ago he was esteemed q
judge of great probity as well as one of
much learning, but about such time he
fell under the suspicion OF possessing
that fatal vice of many judges--favorit-
ism for corporate interests, and in the
spring of 1886 was defeated for re- cleo
tion by the greenbaok union labor, and
Rntimonopoly elements.
The Central Lao Journal, Of st. Louis,
published an editorial lament over his
defeat, whereupon Mr.. Adelbert Hsmil-
ton, prominent lawyer and law writer
Of Chicago, in communication to such
paper explained the causes Of the defeat
by exposing some Of the judges recent
history saying among other things:
Your editorial in the Journal Of the oath
instant relative TO the defeat Of Judge
Cooley speaks of IL as great shame to
Z he state Of Michigan" viii you permit
me space enough TO express the opinion,
with my reasons therefor, that the re- cleo
tion of Judge Cooley, in che circumstances
in which he had placed himself, would have
been not only ''shame," but a disgrace to
the state Of Michigan, for il would have
placed upon the supreme bench of that
state Judge in the employ and pay, not Of
one railroad corporation alone, but an
association Of many railroad companies
an association, too, which is, in the eye of
the law, criminal conspiracy 10 suppress
composition, and to put up and keep up
the prices of railway transportation.
ann not aware what were Judge COOleV'S
relations 10 railroads prior TO 1882, but in
that year he became one of the advisory
commission constituted by the railway COM
panies to investigate and report upon their
..aiffArAntiRln ratas batReen the west and