The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1908-12-03
CAST
DECIDING
VOTE
SEATTLE ELECTRIC co.
WAS SAVED
$4,000.
Victim of Accident Won
His Case Before Judge
Gillian.

--------~
As a result Of the exposure 81
the methods OF Justice Root while
on the supreme bench. the first
petition for a rehearing in case
decided By Root was filed IN Olym-
pia today.
The CASE 10 that Of Nels G. Raven
against the Seattle Electric com
pany. Raven, an employe OF tho
company. was injured while NOV
ing a motor He sued for $50 900
in Judge Gilnam's court and the
jury gave him ye-Glct Of Sl2 600.
The Seattle Electric company ap-
pealed the case. and Justice Root
wrote the opinion reversing the de-
oiHlon.
". p Dole and ,. r. McGrew, at
torneya for Raven. today filed the
respondents petition for a rencar-
ing The portions Of The petition
bearing on Justice Root are as fol-
lows
Court Was Divided.
THE opinion was written by Mr..
Justice Root and the court. as re-
spOndents counsel understand,
was divided four 10 three. Tbs
suspicious and rumorH long current
touching the integrity Of Mr JUS
tee Root and his recent resipua-
ton peudiag an investigation for
accepting brides cast donbt. so far
az be is concerned. upon the hen
esty Of any opinion written by him
IN q debatable case where the gre
vailing party is rich and is inilu-
enfiai politically or otherwise,
we respectfully submit that
conditions beyond the control OF
this honorable court are such that
the author Of \ written opinion
must OF necessity In many in
stances virtually decide the case.
This court renders about three hum
dred decisions year. In theory
the pleadings aud other papers. ths
statement OF facts and the briefs
In each case are read BY al least
five judges and each Judge indss
pendently investigates the law ap-
plicahlc 10 the case and the de-
cision reached has the mature.
carefully considered and individual
approval OF majority Of the court
Too Much wcrk.
III Is no reflection upon this
court that the theory fails IN prae-
tice. This court oannot perform
lmpossihllities. There are only
three hundred working DAYS Ia
year when this court was Gre
atcd. In 1883. Washington had
about NTH OF its present nopu-
lation and less than a fifth OF It's
present legal business. There was
no need az tha time for a court
intermediate between the superior
courts aud this court or OF fixing
the minimum appellate jurisdic-
ton Of this court at controversies
involving considerable amounts.
Since 1889 conditions have radi-
cally changed and the legislature
shoult realize that appeals have
becomes so numerous That Il is a
physical imp0ssibility for each case
to be Independently and carefully
considered 10y majority OF the
Judges. Under these conditions
concurrence with the Judge who
writes an opinion must often and
necessarily be more or less per
functory. and. II the opinion is
written hy corrupt Judge, Il is
tainted. no matter how exalted the
character VI the judges concurping
In II.
Fear Tainted Decision.
professional zeal the attract
lveness OF the respondents charac-
ter aud disposition. aud the
pathetic condition In which this ac-
cident has left him may cloud our
Judgment but SO us IL seems that
his right 20 recover Is clear Even
though We thought Il a mistake. we
could accept an adverse decision
with good grace II we felt satisfied
that il we're untainted We believe
we are Justified In want of con-
fidence In the integrity of the
judge who wrote the opinion, and.
with great respect for the other
members OF this honorable court,
We question whether the excessive
amount OF work put upon them has
not resulted In a decision which
will be reversed upon further con-
sideration.
Mere Rehearings.
II & be suggested that recon
slderation OF this case may be n
precedent for reconsideriug other
cases. the objection will obviously
apply only to cases IN which Mr..
Justice Root wrote the opinions
and which were sustained by a
bare majority OF thc court Fur
thermore. only a short time has
since the rehearing asked
In this case was denied
we venture to suggest that the
Inconvenience incident to reopen
ing ease tainted with a violent
suspicion of corruption Is matter
Of minor Importance, for the chief
bnlwarh ct free institutions is con-
ndenco In the integrity OF courts
of last resort and no sacrifice IL
too great for its preservation.
ZIP. SIT seems 20 us that the
decision in the Raven case Is In
direct conflict with the almost coss.
decision la the
Wuhian case as Wash. l2N in
which Mr Justice Root took no
pgrt'