The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1908-11-30
FEARING CHARGES
JUMPSlINTO BAY

ing with the dignity and integrity
that is supposed to be part and
parcel of justice of the state
supreme court.
More serious, however, than the
writing of these letters is the con.
duct Of Judge Root in the matter
of a decision relating to a case
in which one Harris sued the Great
Northern railway for property
damages. The case came up on an
appeal from a lower court in which
Harris had been given a verdict
The supreme court affirmed the
verdict of the lower court, and
Root wrote the opinion. In this
opinion he used language, which
while it had no bearing on that
particular case, would prove trou.
blesome to the railroads in future
case. Citing this language, the
railroad asked for rehearing, and
1t was granted.
Root again prepared the opinion,
but, before filing it, he or some
one else, sent a copy of it to Cor.
don. 1t didn't satisfy Gordon, and
he, an attorney for the Great
Northern railroad drew up an opin.
ion and forwarded a copy of it to
the legal department of the Great
Northern at st. Paul, notifying the
head OF that department that if it
appeared satisfactory he could ar
range to have it filed as the de-
cision of the supreme court in the
Harris-Great Northern case.
The opinion prepared by Gordon
was perfectly satisfactory to his
superiors at st. Paul, and today
that opinion is on file in the rec
ords of the state supreme court,
and is the law Of the state in so
far as the points 1t covers are con-
cerned. 1t is entitled w. II. Har-
ris, respondent, VS.. Great Northern
Railway Co., appellant, As Wash
ington, Feb. II, 1908.
The original opinion prepared by
Root and sent to Gordon is now in
the hands of Gordon and his attor-
neys as are also the telegram from
st. Paul stating that the opinion
prepared by Gordon was satisfac-
tory, a carbon copy of the letter
sent by Gordon to st. Paul accom-
pany his opinion, and letters from
Root to Gordon relating to it.
All of the papers relating to this
transaction were shown to the
members of the supreme court, and
1t Is understood also that all let.
ters written by Root to Gordon
were also laid before Roots fellow
justices.
1t was after these proofs of
Roots misconduct had been shown
to the court that Root announced
from Olympia that he desired an
investigation of the charges made
against him.
II las many believe, Gordon has
craftily schemed to protect him.
self from every possible means of
attack, he has been most success
full. He has not only forced Root
to make virtual acknowledgment of
his built, but he has driven the
rofficials of the Great Northern rail-
way to silence lest they should be
guilty of the debauchery of the
highest tribunal of the state of
Washington.
Gordon holds the whip hand. He
is welding the lash without heart
or mercy. In the pillory of public
opinion Justice Root stands fiayed
in all the weakness of his writing
soul. The most charitable thing
that can be said of Gordon Is that
when he planned his own protec-
ton, he did not contemplate the
degradation at his hands of his
old associate and friend, Milo A.
Root. But the situation grew be-
yond him, and to save himself from
prosecution on a charge Of embez-
element and possible Imprisonment
n a felon's cell, he cast the die
that not only forever branded him
an outcast from an honorable pro.
fesslon, but blackened the charac.
ter OF supreme court justice and
led into disgraceful scandal an
Official of q great cornoration.