The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-08-18
W. H. TAFT AS 4 TRAVELERTAFT OUTSPOKEN


who had been injured by a train. The
attorneys petition was poorly prepared.
so poorly that Il would not have stood
the test Of a hearing I give you leave
70 amend that petition" said Judge Taft.
and he pointed out wherein the paper was
defective The attorney did not apeaT
TO understand what was required OF him.
Judge Taft detected the trouble. Let
ME see that petition" he said. He struck
out some sentences in the document and
made interlineations with a pencil. Then
he handed II to the attorney for the rail-
road, man Of prominence in legal cir
eles. II guess that's All right. he re-
marked. and the railroads Representative,
who was prepared TO make technical OBJ
jections, reluctantly accepted Judge Taft's
disposition. The young fellow Won the
case
As a Judge Taft earned the reputation OF
being fearless and Just, and Il was this
reputation which accounts In part for his
popularity In Ohio. He was never afraid
10 strike at evil and always ready 10 ac-
cept full responsibility for his judicial de-
cisions and orders Yet he was as ready
to acknowledge any error on MS part. ane
a remarkable instance is recorded where
he actually apologized 10 a litigant for I'M
complimentary illusions made from the
bench. The town OF HartweH in HaTnil-
ton County, Ohio became involved IN a
dispute with a railroad company. There
were writs Of injunction and mandamus
and other proceedings sought by the town
authorities or the company. The mayor
/ OF HaTtTell tUsned the hose or WorkInent
who tried to lay rails at night When one
aspect Of the case was brought before
T~~aF~ Il
the mayor severely. The mayor willing
TO be made a victim Of the courts pow
er TO punish for contempt, wrote letter
| to Judge Taft complaining bitterly that
the courts reference to himself was obiter
dictum. and was entirely outside the
courts powers. The mayor confidently.
expected to be hailed before the bar To
/ his surprise. however, he received a letter
from Judge Taft admitting that he had
gone farther than he should in his COM
ments on the mayors attitude and ask
ing the mayor TO accept his apology for
what ne had said.
Another instance shows Taft as the en-
bodiment OF stern justice, knowing his
duty and permitting no interference with
its fulfllment An elderly man had been
convicted Of pension frauds in Judge Tafts
court. Under the law it was optional
with the court 70 impose a sentence OF
Imprisonment in a peniten1iary or Jail.
A son Of the convicted man knew Judge
Taft and had been on friendly terms with
him. Presuming on their friendship, the
son saw Judge Taft privately and pro-
lceeded to give reasons why the father
should DC sent 10 Jail instead Of peniten-
tiary. Judge Taft was angry. In Ian
gusge that left no doubt as TO his state
Of mind. he told the son that any repeti-
ton Of the attempt 10 influence MIN in a
judicial matter would result in a term
in jail for contempt Crestfallen and hu-
, inflated. the son went away, believing
, that his father was certain 20 get a pen
Tertiary sentence. Judge Taft sent the
, convicted man 10 jail. Those who know
his peculiar judicial fitness do not know
to be told that Taft was not Influenced
in any way whatever by the sons plea.
He considered the matter on its merits
and declined 10 sIl5w his mind 20 be pre-
. JUDGED against the father for the sons
indiscretiOn or in the fathers favor BY
the sons distress.
It was not often that Judge Taft show
ed anger, beit when be did there was
, nothing half-hearted about il man
: who had heard some idle talk about Taft
} came TO tell the judge OF it. People were
. saying, he asserted, that Taft would not
do full justice 10 one SIDE in a pending
case. You get out OF here or I'll throw
YOU out" he shouted. AS a matter OF
fact, the case was not before Taft's
court He hated a meddler.1 He would
not tolerate a tattler.
It was Taft who rendered the first opin-
y Il -
antitrust law. and ii was Taft who sent
> a labor leader to jail for contempt in in
! terfering with the operation Of railroad
) then In the hands Of the court over which
q Taft presided The man whom he jailed
r was Frank Phelan. a lieutenant OF Eu-
gene Debs, in the American Railway IN
Q ION. There were murmuTs in Cincinnati
. that Judge Taft would not leave the bench
alive if he sent Phelan to jail Members
of the order 10 which Phelan belonged
crowded the courtroom with identifying
: badges conspicuously displayed. Judge
: Taft read his opinion in the case and
ordered that Phelan be confined in JAN for
six months. Then he stepped from the
rostrum and went 10 his private room.
There was not the slightest sign Of trepi-
. dalton in his manner or a hesitating note
s In his voice as he delivered his judgment.
r Months after, Phelan, released from
Jail went 10 Ludlow, a suburb Of Gin
cinnati where most of the railroad men
a who had gene on strike at his command
resided. The agitatcr who had counseled
: violence of a radical kind was touched by
: the suffering among the families Of the
strikers. many of them still out of en-
pioyment Phelan wanted TO help them,
= and curiOuSly enough the man to whom
=
e Judge Taft He called at the judges Of
! fee n company with another man, and
: was received without any delay. Hello.
Phelan," said Judge Taft, what can do
for you?" A gentleman who was present
: on that occasion vouches for the state
q ment that Phelan explained his business
;, in words somewhat TO this effect: Judge.
e / came TO tell you that I never realized
Q what great suffering l would create I'M
:, til l went to Ludlow this morning. I'm
O willing 10 serve another six months or
: a year if you'll help me to get work for
k these men. All those who went out on
d strike and who testified that they went
: out through sympathy, only, told an I'M
G truth, and so did 1. for was sent here by
n Debs to take these men out as I saw fit -
: But strongly as his sympathy was
n aroused by what Phelan said. Judge Tai;
! held that it would be improper for him
: TO make any suggestion to the railroad
e company 10 give employment TO its for
:. mer employees. II can't tell the railroad
d people how TO run their business" he
d said. This incident is told merely to show
d the wonderful human sympathy which
Taft possesses and which he makes peo-
i pie understand. Phelan. in spite of the
4 scoring and the punishment he had re-
t ceiyed from Taft felt that he would find
: 1.-THE stern Judge a kind friend. and his re-
!. H..