The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1908-12-26
ROOT VERDICT WILL
SAY DEFENDANT
WAS A DUPE

who believe themselves 90 be thor
oughly honorable might lilSowise
have done.
SERIOUS Charge.
Tho one serious charge against
Root lH that hc filed az "a supreme
court record the per curtain opinion
iu the Harris Great Northern C8se
that was prepared aud forwarded
90 him by Judge Gordon. Roots
explanation ~ this. aud letters IN the
hands OF the committee bear him
out is much Inclined to minimize
the aoflouanean Of what al first
glance seems 10 be an objectionable
breach of trust
when The case was first passed
upon by tho court, ROOD WIS one ~
four Judges 10 hold against the rail-
road company three Of the court
being favorable 10 the company.
Root wrote tho decision. the three
dissenting Judges fling au opinion
holding that The case should have
been decided Ia favor OF the rail-
road
Personal Letter.
Gordon wrote "a personal letter 10
Root complaining Of the decision
and Root replied that inaamuch aa
he believed the plaintif 90 be wholly
la the right he was compelled o.
30 az he did. Later Gordon pointed
ont 60 Root in IL subsequent letter
that the decision co. part erred, IN
namuch aH 81 was fH conflict with
tho federal law upon tho point IN
question. Gordon followed thia
with Re- request Tor "a rohcafing and
a. was granted
Root then prepared the modified
decision but being IN doubt as TO
the question raised by Gordon, sent
a copy of tbe decision 10 Gordon.
with The request that Gordon IN
form him u be had properly over
come the error in the previous de-
ciEion Gordon was atiii dissatisfied
and himself prepared a substitute
for che Root decision. This was
sent 60 81 Paul 90 General Counsel
BosEa. ~ the Great Northern. who
wired back to Gordon the Gre word
satisfactory The substitute de-
cinion was then sent 10 Root and
filed
IL Coed Law.
This modified decision ala not af-
feet the outcome 81 tho Harris
Great Northern case. bat It settled
n point ~ Law which was likely 70
bear upon future cases % the disad
81 the Great Northern Tho
seemingly remarkable part u u is.
however. that the decision prepared
~ Gordon is good law. while that
prepared BY Root was defective.
That Root was guilty Of what VIII
generally be- considered serious mis-
conduct IN taking this matter up
with Gordon. an attorney Of record
iu the case under consideration. h.
beyond question. bat with fBii
knowledge of All - the facts In the
case. the lay mind viii find much
% eondone tho crime
Root asked Tor and secured from
Gordon transportation for hts dsnf
brother from ST. Paul 60 Seattle
Another indiscrcet thing for Root
20 do. but in view ~ his long and
Intimate acquaintance with Gordon
perhaps not az serious a. az first
thought q aesfns
Palmer Protissd.
y y. Palmer b. said 20 have trad
30 upon hts legal partnership with
Root 60 secure business. II h. quite
probable that Root never kneW ~
this There BE- nothing 90 indicate
that BE did know % Il. and N he
didnL there can be- no reflection
upon him upon this score
in the Tony Richardson case there
are indications n a leak from Root
90 Palmer Palmer evidently knew
before thu decision was flied what
the nature % it was 60 be. II Root
ala eonfids tn Palmer 70 the
extent ~ discussing this Richardson
case with him. IL does not ncces.
sariiY follow that Root knew or sus-
pectcd that Palmer would take ad-
vantage ~ this Information in an
attempt 20 add 60 his income as
practicing attorney Not a very So
rious crime for Root but neycrths-
less a breach OF trust
Campaign Money.
II wasn't very serious crime for
Root 10 agree 90 accept campaign
from his old friend
Judge Gordon. even though Gordon
was the attorney % the Great
Northern. hug u was an exceedingly
unwimc thing for him 20 do. and san
more iudisefeet was n for him 20
write 90 Gordon regarding IL.
When all has been said. there can
be- but one conclusion. and that
" that Root was weak IN permitting
his friendship Tor any man or men
TO lead him into breaches Of trust
such a. he seems o. have commit
ted. Also. u would seem that Root
has been unfortunate in choosing
friends and partners
That Judge Root will qualify for
tho term 20 which he was elected
last November. I DO not believe.
Unwise friends are urging him 10
DO 50. That he has served his DAYS
" usefulness as supreme Judge
there can be little doubt IN spite Of
the fact that Tho committee wll not
find him guilty Of anything other
than "indiscretions" when Judge
Root finishes his hearing with the
committee next Monday afternoon.
there win be no doubt In his mind
M 10 his future course.
Practice Law.