New-York tribune., 1907-11-03
TWO RAILING ACCUSATIONS.

At the beginning of the New Jersey campaign
two accusations were made against the char
acter and career of Mr.. Fort. They are all that
have been alleged against him. Now, at the
close of the campaign let us see what has be-
come of them and how the object'Of them stands
before the public.
One charge was that Il year and half ago
Mr. Fort. then a Supreme Court justice, i'm
properly interested himself in the enactment of
a law which some people regard as an improper
one. Passing by the question whether the law
is good or bad-the chief law officer Of the
state approved ii as good and advised its enact
ment-it is to be observed that Mr.. Fort cate
gorically denies that he had anything to do
with il. the Governor of the state confirms that
denial circumstantially and explicitly, and no.
body is able to produce a scintia of evidence
to the contrary. The more the case has been
investigated and discussed the more it appears
that the correct explanation is that made by
The Tribune some time ago-namey that Mr..
Forts sole connection with the law was his
preston of opinion that there should be some
legislation of some kind-he did not say or
hint what kind-on the subject, an expression
of opinion which Was made months before the
bill in question was drafted. If the Attorney
General or the Governor regarded that express
sion of opinion as an advocacy and approval Of
the measure which was afterward drafted Mr..
Fort is surely not tOibe blamed for it, We may
therefore confidently dismiss that charge, on
the basis of all known evidence, as entirely I'M
| founded.
The other chargeswas that twenty-one years
ago another lawyer, now deceased, made ap-
plication to the Supreme Court to have Mr.. Fort
disbarred, and that since there has been a cor
rupt conspiracy to keep the records Of the in
cident from publicity Let us see what is said
of that by a ''man who knows TO wit, the law
yer who was engaged by Mr.. Fort to represent
/ and defend him in the proceedings. He de-
! clares that neither Mr.. Fort nor himself was
! ever permitted to see the afidavits against him.
The author of the affidavits and of the charges
which they contained refused to furnish copies
of them Application was then made by Mr..
/ Forts counsel to the Supreme Court for per
mission to see the afiidavits and thus learn
what were the charges against him. This ap-
pcation was denied by the presiding justice
on the ground that the demand for Mr.. Forts
dsbarment had been considered and rejected
and that no rule would be entered"
Now. the fact that the Supreme Court thus
sHmmarily dismissed the charges against Mr.
Fort without even asking him to explain or
refute them, should sufficiently indicate their
emptiness. But there is something more The
! presiding Justice Of the court before whom the
case came was Jonathan Dixon, than whom no
Judge had or deserved a higher reputation for
stern and incorruptble integrity and for jealous
! insistence upon the highest and strictest code
of professional ethics. That distinguished jurst
not only dismissed the charges against Mr.. Fort
as unworthy of action, but also, less than three
years later recommended Mr.. Forts appoint
ment by the President as Solicitor General Of
the United States, in which recommendation he
was Joined by Chancellor Runyon, Vfce-Chan-
celIor Van Fleet, Justice Depue and other emil
nent iurists. To lnsinuate that Justice Dixon
corruptly connived at keeping an unfit man at
the bar and that he and Chancellor Runyon
and the others urged for appointment to high
federal Office a man against whose character
there was so much as n reasonable suspicion
is to hint something which every intelligent Jer-
seyman must regard with incredulous contempt
It is not against Mr.. Fort alone that this railing
accusation is directed, but against the memo
ries and the repute Of Jonathan Dixon and
| Theodore Runyon. We are inclined to think
that in the minds of Jerseymen OF all parties
they are secure against any personal spite or
factional venom. and as they are secure so also
is the professional honor of John Franklin Fort