Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-11-04
Great Regret Expressed Over
the Retirement of Student,
Lawyer, and Jurist
SOME CELEBRATED DECISIONS
Judge shiras' Delight in Presiding at
Trials in Which Indians Were Num-
bered Among tho Witnesses-Always
Considered One of the AbIest Judges
On the Federal Bench.

pubuaue. Nov. A. Attic Judge
Shiras virtually retired a month ago.
he formally stepped out Saturday,
having reached his 10th birthday last
week.
The Judge has no definite plans for
tha futn,re aIltho he and Mrs. Shiras
NAV spend the winter in the south.
The plan of members of the Du-
hno,e BAR Association to give a ban
ouet to Judge Shiras was not carried
out.
The federal court will convene In
Dubuque on Dec. /, and 1t is probable
that Judge shiras' successor will ba
appointed i'm the interim.
Career of Judge Shiras.
For more than fifty years Mr.. Shiras
has been student, lawyer and jurist
His caresu on the federal bench has
been an enviaieie one and he has Won
the respect OF ali the members of his
profession with whom he has come in
contact since he dolrned the judicial
epmine.
Born in Pittsburg. Pa, in 1888, and
the son of George Sfiras, he attended
the public schools of his native city
and later graduated from the UnlVer-
sity of Ohio. He received his diploma
from Yale Law School in 1856. Du-
luque was enjoying a boom at that
early period. and Oliver Shiras and
other young lawyers from the east who
have since won national fame caught
the fever and came to the town. He
was admitted to the ba: in Dubuque In
August of the same year. In 1857 he
formed a qaw partnership With f. II.
BisseM and Wiilliam n. Mills. who were
prominent members OF the local bar at
that time. The firm was known as Bis
sell. Mills & Shiras. In 1851 Mr.. Mills
retired. When the war broke out Mr..
Shiras enlisted in the Twenty-seventi tn
Iowa Infantry. a part OF the Third Cd
vision Of the army of the frontier, un-
der command Of General Schofield. He
reported for duty at Springfield Mo.
and participated in the campaign
against Vicksburg. In 1S62-63, cover
ing the period of his enlistment. he
served as aliutant on the staff of Cen
Grad F.. j. Heron.
When he returned from the war he
resumed the practice of law with Mr.
Bsses bat the latter died in 1867.
In 1868 Mr. Shiras formed law
partnership with A. j. Van Duzee and
D. B. Henderson. under the firm nam'
os Shiras. Van Duzee s. Henderson
This fiiun continued until Mr.. Heuder-
son entered congress.
Appointed to Federal Bench.
In 1SS0-s1 there was much agitation
among the lawyers of northern Iowa
eral judicial districts At that time
there was only one federal judicial dis
trict in Iowa. which was presided over
by JMdge Love. of Keokuk, Iowa.
Colonel Henderson was sent to Wash
ington to work for a measure creating
an additional federal judicial district
in Iowa and on Its adoption Oliver
Perry Shiras was appointed federal
judge for the northern Iowa district
With headquarters at Dubuque. This
was in August, 1882. Colonel Hender-
son was elected to congress the same
year. and A. j. Van Duzee, the other
neniber os the firm. was appointed
clerk of the United States court.
Since his accession to the federal
bench Judge ahiras has held court In
Minnesota, South Dakota, Nebraska.
Kansas. Missouri and Arkansas, and
also sat for number OF terms as a
member of the circuit court of appeals
for tho Eighth circuit. He was mem
Der Of that court when there came be-
fore 1t from the district of Kansas the
celebrated caee of the United States
Va. the Trans Missouri Freight Asso-
citation. Involving the question OF
whether the so-cal,ed Sherman anti
trust act applded to railway compa-
MES, and II SO. whether combinations
between number OF railway conpa
MES entered into for the purpose of
establishing freight rates, the compa-
MES being found to charge the rate
agreed upon under penalty of a fine for
each violation OF the agreement, were
not unlawful under the provision of
the Sherman act. The majority of the
members Of the court of appeals held
that the written contract entered into
could not be held 10 be unlawful, be-
cause 1t was not shown that the rates
fixed We're In themselves reasonable.
Judge Tlrayer, who recently wrote the
OPINION IN the merger test case, and
Judge Sanborn, q noted jurlst, formed
the majority.
From this view Judge Shiras dis
scented, holding that as applied to rail-
way companies the antitrust act for
babe all arrangements or coInbina tions
entered into for the purpose OF avoid :
niss, the pubic being entitled to the
beneht of unrestrained competition be-
tween the companies. Upon appeal to
the supreme court of the United States
that trlbunsM sustained the view taken
by Judge Shiras, and reversed the de-
cisioh by the court of appeals. The
vote was 5 to 4, Judge Shiras brother,
George, being with the minority.
In the case of Murray VS.. the Chi
ego & Northwest tern Railway Com
pany IN the United States circuit court
was presented tine question whether
the principles of the common law We're
in force and Applicable to railways en-
gagsM in interstate commerce. In this
case badge Shiras conlbatted the posi-
ton taken by Judge Gr0sscup, of Chi
cage, that the common law was only
In force when adopted by the several
states and that as The states could not
lsgislate upon the subject OF interstate
commerce, subject wholly wthlllu the
control of congress. the adoption by q