The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-11-10
HE'S AFTER POLLOCK.
James a. Troutman Would Prevent
His Appointment.

James A Troutman is in Washington
not for the purpose of aiding any par
ticular candidate for federal judge, but
to see that one certain candidate is not
appointed. That candidate is Justice J.
c. Pollock. Mr.. Troutman's grievance
against Judge Pollock grows out of the
famous De Boissiere home case, which
Mr.. Troutman won in the supreme court
over the trustees appointed to have
charge of the home for the Odd Fell
| lows grand lodge.
The court stood four to three. in
Troutman's favor. The dissenters were
Justices Cunningham, Pollock and
Burch Justice Cunningham wrote a
mild dissenting opinion, but the one
by Justice Pollock was a scorcher. He
not only .sroasts' the plaintiffs, Trout
man & Stone, but the opinion seems to
reflect upon the majority members of
| the court. Justice Pollock said:
What is the attitude of the plain
tiffs? AS shown by the record their
! first appearance in this controversy was
as counsel for the sister of the grantor
as his heir at law, in an action of eject
ment brought to recover this property.
She resided in France She had no right
| to recover the property, because she
was an alien and could not inherit I'M
der existing law. The property is large
| estimated to be of the value of $4,000 to
! 800, 600 According to plaintiffs show
! ing, while acting in the tiduciary rela-
| ton to her of legal adviser, and a a
| time when, in the absence Of an author
| iiZng treaty between this government
and France, she possessed no Inherit
a bic or salabl right to the property,
| they engaged in the doubtful transac-
ton of securing from her transfer of
her pretended interest in the litiga ton
for the nominal sum of about 81, 500. In
other words. upon their own showing,
they are guilty of wagering with their
| client, at the ratio of about twenty to
4
not uphold the deed of her brother, as
grantor, to a worthy charity. They
came into court of equity to recover
their wager, and have won.''
Then in closing his opinion Justice
| Pollock used this languages:
After thorough examination of many
| of the multitude of decision and pre-
| cedents governing this case, it is to my
! mind incomprehensible and inexplicable
why this most noble gift to worthy
| charity has been stricken down in the
! house of it's friends The reason given
for so doing neither convince the mind
! nor excuse the act. We had wealth
/ of learning to guide our footsteps. The
| mistake made is irretrievable. Men of
large wealth and benevolent minds will
in future shun the state as they would a
/ pestilence. No court, unless compelled
there to by law, will follow the decision
! made. No lawyer will cite it unless in
/ support of a doubtful or desperate case
/ Its end accomplished it should retire
to the oblivion to which it belongs. The
orphans in their poverty and their rags
will say of it, 'Anathema Maran-atha.' y
! That is why Mr.. Troutman is making
war on Justice Pollock He will work
against him in the Kansas delegation
and it is asserted that he will even &c
to the president with his grievance if
there is any probability that Justice
Ponock's name will go to the president
for his consideration.
This opinion by. Judge Pollock need
not necessarily be to his discredit. but
it is reported that Mr.. Troutman has
other things which he will present tc
the members of the Kansas delegation
i if JUDGE Pollock's utterances in the
De Boissiere case have no effect.