The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-09-27
FAMOUS JUDGE RETIRING.
oliver Perry Shlras. Twenty Years on the
Federal Bench in the West.

Judge Oliver Perry Shiras Of the United
States District Court OF the northern dis
trict OF Iowa, brother Of ex-Justice George
Shiras OF the United States Supreme Court,
will leave the bench on Nov. I, having
reached the age limit, 10 years.
During the twenty years since this
court was created Judge Shiras has con-
tinuously presided over it, and his fame as
a jurist has extended beyond the limits
of Iowa. 1t has 80 happened that he has
had to decide several famous cases, which
have subsequently passed on appeal to
the highest court in the Union. In almost
all OF these his judgments have been up
held.
As q member of the Court OF Appeals
for the Eighth United States Circuit Judge
Shiras heard the famous case against the
Trans Missouri Freight Association, in
volving the question whether the Sherman
Antitrust act applied TO railway COM
panies, and, II So whether oombina tons
between railroad companies for the pur-
pose Of maintaining certain freight rates
were lawful under the provisions Of that
act.
The two other members Of the court,
one Of them Judge Thayer, who recently
wrote the opinion in the Northern Securi-
entered into by the railway companies
was not unlawful, because the rates fixed
In It were not shown to be unreasonable.
Judge Shiras, dissenting, held that the
Sherman act did apply to railway COM
panies, and that 1t forbade their entering
into any arrangement for the purpose
Of avoiding competition among them.
The Supreme Court supported him and
reversed the judgment, though the Judges
own brother voted in the minority against
his view.
No Federal Judge in the West has 80 wide
an experience In trying cases In which
Indians were Interested as Judge Shiras.
In celebrated case In which Sioux chief,
having killed an officer few days before
q peace treaty was made with his tribe by
Gen Miles, was subsequently arrested and
tried for murder the Judge made the jury
acqut the Indian, holding that the con-
yention made with his tribe by Gen. Miles
forgive the crime.
In a frequently quoted pension case he
held that the State laws do not apply in the
matter Of pensions a. subject wholly con-
trolled by the acts Of Congress. The United
States Supreme Court upheld this view.
1t has been the subject OF much com
ment that 30 able a jurist remained on the
District Court bench. He IL one OF the few
, District Judges who occasionally sit as a
member OF the Circuit Court Of Appeals
and it Is believed that had he chosen he
could have been promoted years ago: He
Is popular and the Dubuque Bar Association
Is preparing demonstration in his honor
on his retirement.
Judge Shiras was Pittsburg boy. He
served In the civil war as Adjutant on the
| staff of Gen. Heron. One Of his former
law partners is ex-Speaker Henderson.
As Judge he has the reputation Of dis
| posing OF more cases in a term than the
! average District Judge does In two. In
private life he IL a.model OF precision. His
F, only painful duty on the bench, he has
| often said, il To sentence prisoners, no
matter how serious their crime may have
been.