The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-08-03
Remarkable Record of Newly Chos-
en- Secretary of War.
MANY DUBIOUS CLIENTS
SHARPLY REPROvED IN OPEN
COURT BY JUDGE DAVIS.
Elihu Root Has Defended Many Bad
Men and Bad Laws-Counsel For
Boss Tweed and Other Plunderers
Connected Closely With Cele-
brated Amsterdam Avenue Grab.
(chicago ChronicIe.)

Chicago Chronicle.)
New York-The selection of Attorney
Elihu Root of this city to be secretary
of war in President McKinley's cabinet
does not meet the approval of any con-
siderable number of those who know
him, be they Democrats or Republic
cans. He is generally looked upon as a
corporation and trust lawyer, untitled
for the place. Certain it is that his pro-
fessionai career does not inspire conf
dence that he will go out of his way to
serve the interests of the common peo-
pie.
Mr.. Root achieved his first notoriety
in 1873, when he was chosen to defend
William NJ. Tweed from the charges of
having misappropriated millions Of
money belonging to the corporation of
New York. Before that trial was over
the presiding judge, Noah Davis, dis
tinguished Republican, censured Mr..
Root, telling him it was better to be
known as an honest man than a sue
cessful lawyer.
In 1856, when the state senate was in
vestigating the Jake Sharp Broadway
franchise steal. Mr.. Root was counsel
for many of the stockholders of the
road.
AS the franchise has been granted il
legally through the lavish use of
DOODLE" the question arose whether
the franchise belonged to the people or
to the stockholders.
Mr.. Root contended with all his abil-
ity that the franchise did not revert to
the public, but belonged to the stock
holders.
1t was this fight that led to Mr.. Root
being made counsel of the Broadway
Traction company when that corpora
ton secured control of the road, and
subsequently his being made counsel
of the Metropolitan Street Railway
company.
An effort was made in 1892 by the
people of Massachusetts to have the
operations of the whisky trust declared
illegal. Mr.. Root defended the trust
arguing that its system of rebates to
dealers on condition that they did not
handle the product of rival concerns
was not in restraint of trade.
Mr.. Root was counsel for former
Judge Hilton in his famous contest for
possession of the A. T. Stewart mil
lions.
Questionable Transactions.
AS counsel for the Metropolitan
posed a compromise with the Third
avenue company, making it necessary
for the public to appeal TO the legisla-
ture TO save Amsterdam avenue from
four sets of trolley tracks. He defend
ed the Amsterdam avenue grab
Mr.. Root drew the s25. 900, 900 Astoria
grab. bill, by which the Standard Oil
company expected to give all the streets
of Greater New York to the Console
dated Gas company, which company
the Standard owns, and which would
have placed competing gas companies
and the public at the Standards mercy
Mr. Root, for the Metropolitan Street
Railway company, drew up a PROPOSE
ton to the rapid transit commission.
TO build the underground road,
providing his corporation was given a
perpetual franchise for the tunnel.
When the public was aroused to the
iniquity of perpetual grant of such
to corporation, and it was
shown that it never would be permitted
Mr.. Roots law firm wrote a letter to
the rapid transit commission withdraw
ing the offer.
Mr.. Root drew the police bill intro
duced in the legislature last February.
which was defeated because of provis-
ions which even the Republican ma
chine regarded as unfair. One of these
the summary dismissal of
the head of the department without I
trial
Senator George r. Malby, a rock |
ribbed Republican, said:
Mr.. Root is resourceful in drafting
police bills. 1. recall that when l was !
speaker of the assembly in 1894 he drew
four different police measures for New /
DIRK, and then refused to support any
one of them"
Boss Tweed's lawyers filed a petition |
with Justice Davis, requesting him to I
send the case to some other Judge on 1
the plea that their client would not be I
fairly tried by Judge Davis. The later /
lined the senior member of Tweed's .
counsel, and let off the younger ones. /
including Root, with a singing CEN !
sure.
Judge Davis supposed the younger
men merely had followed in the foot /
steps of their seniors and did not learn /
until long after that it was Root and /
William Bartlett, another of the young
awyers, who actually had prepared the
petition.
In his censure Judge Davis said:
ask you young gentlemen to re-
member that good faith TO a client
AN never Justify or require bad faith
o your own conscience, and however
good thing IL may be to be known as
successful and great lawyers. il is even
better thing to be known as honest
men, and that there is no Incompatible
" Whatever in the possession of both
If these titles"
When the MaZet investigating COM
nittee was appointed by the Legislature
he Democratic members of the assem-
by made an effort to have EIihu Root
md Senator Platt's law frm-Tracy.
Soardman Platt-included in the
scope of the investigation.
The resolutions, introduced by As
emblyman HAMBURGER wera as col
ows:
Resolved, That in the opinion of tbis
house, the pernicious influence of fhe
political firm of Tracy, Boardman q
'latt, reinforced by Elihu Root. has
subjected the chairman of the cities
committee. Robert Mazet. TO introduce
'ills and resolutions injurious to the
BEST interests of Greater New York:
therefore, be it
Resolved. That. the resolutions Of
cred by the chairman of the cities
committee be amended to inquire the
amounts of money these firms have re-
'eived during the session for Gathering
md lobbying political measures before
autre."
Charged With Corruption.
These resolutions were defeated by
'arty vote, as also was an amendment
by Assemblyman Rierdon,
which directed the committee:
ITO further ascertain and report
whether or not the chairman of the Re-
publican state committee of the state
# New York. the chairman of the Re-
publican county committee of the coun-
Y of New York, the law firm of Tracy.
3oardman & Platt and Elihu Root had
ha