The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1908-12-29

4
of the committee to protect Root or
anyone else. If President Bridges
had searched for year the member
ship roster of the state bar associa-
ton, he could not have secured Eve
men more intent upon doing their
full duty than are Messrs. Powell,
Pre- ton, Wright, Futson and Styles.
The two men who seem to be re
sponsible for all of Roots troubles
are Judge M. j. Gordon of Tacoma
and Edward &. Palmer of Seattle.
5otE of these men have been closely
associated with Root for a num5e:
of years. This association and it's
consequent friendships led Root TO
do things which he should 1ot have
cone, but which thousands of men
who believe themselves to be thor
oughly honorable might likewise
have done.
The one serious charge again
Root is that he filed as a supreme
court record the per curtain opinion
in the Harris-Great Northern case
that was prepared and forwarded to
him by Judge Gordon. Roots ex-
PLANTATION of this, and letters in the
hands of the committee bear him
out, is much inclined to minimize the
seriousness of what at first glance
seems to be an objectionable breach
of trust.
When the case was first passed
upon by the court, Root was one of
four judges to hold against the rail-
road company, three of the court
being favorable to the company.
Root wrote the decision, the three
dissenting judges filing an opinion
holding that the case should have
! been decided in favor of the railroad
| Gordon wrote a personal letter to
Root complaining of the decision,
and Root replied that inasmuch as
he believed the plaintiff to be wholly
in the right he was compelled to
do as he did. Later Gordon pointed
out to Root in a subsequent letter
that the decision in part erred, in
asmuch as it was in conflict with
the federal law upon the point in
question. Gordon followed this
60 r,LD o,;,
it was granted.
Root then prepared the modified
decision, but being in doubt as to
the question raised by Gordon, sent
copy of the decision to Gordon,
with the request that Gordon in
form him if he had properly over
come the error in the previous de-
cision. Gordon was still dissatisfied
and himself prepared a substitute
for the Root decision. This was
sent to St. Paul to General Counsel
Beggs, of the Great Northern, who
wired back to Gordon the one word.
Satisfactory The substitute de-
cision was then sent to Root and
subsequently filed.
This modified decision did not af-
feet the outcome of the Harris Great
Northern case, but it settled a point
of law which was likely to bear upon
future cases to the disadvantage of
the Great Northern. The seemingly
remarkable part of it is, however,
that the decision prepared by Gordon
is good law, while that prepared by
Root was defective.
That Root was guilty of what will
generally be considered serious mis-
conduct in taking this matter up
with Gordon, an attorney of record
in the case under consideration, is
beyond question, but with full
knowledge of all the facts in the case,
the lay mind will find much to con-
done in the crime.
Root asked for and secured from
Gordon transportation for his deaf
brother from St. Paul to Seattle.
Another indiscreet thing for Root to
do, but in view of his long and init
mate acquaintance with Gordon per-
haps not as serious as at first thought
it seems.
E. B. Palmer is said to have trad
ed upon his legal partnership with
Root to secure business. 1t is quite
probable that Root never knew of
this. There is nothing to indicate
that he did know of it, and if he
didn't, there can be no reflection
upon him upon this score.
In the Tony Richardson case there
are indications of leak from Root
to Palmer. Palmer evidently knew
before the decision was filed what
the nature of it was to be. If Root
did confide in Palmer to the extent