Fort Mill times. [volume] (Fort Mill, S.C.) 1892-current, 1909-12-16
SUPREME BENCH.
Idt'. usie. Was Once 1s.sea Ds|n By
Ihes1sse Rssseveh
A TRUST" JUDGE

somethins About the Prospective
pu,war& Of Our Liberties In Thee
United States.
"i came here TO see what kind =
. reputation bis neighbors sivs "
Jndee Horace II. Lurton. wno ans
heeu picked by President Taft 70
,ucceed Justice Peckham on 'oeI
United States supreme court. SAID
o,,soo Gardner, In Nashville, Tenn.
q few days eso-
~'Tae railroads and the corpora
,,ons Of Tennessee Will be eod-eiy
eatSsf,ed With Judge Lurton's appoint
rnent.. said the 6rst man l eskea
.ffe has served them here In 1ennee-
ses, long and faithfully. and they VIII
be glad TO see h4m promoted to tue
larger Geld
"I asked what evidence there WaS
OF friendliness between Judge bur
ton and the railroads. The familiar
designation. Private Car Lurton'
the lawyer answered. suppose
you've heard what everybody knows
throughout this section OF the South
about Judge Lurton's haoituaI use
OF private cars furnished by the rat
roads. Up 10 the passage OF the
Hepburn Law. Judge Lurton scarcely
moved without the private car
True enough. everywhere / went
I found tales of Lurton's private
cars. Not for business merely die
he use them. but he gave private
car parties. Once he took part!
OF young friends. men and women
through the West. including Visit
10 the Yellowstone. On such occa
A,ous the railroads furnished not
only tho cars. but tho chef, the pro
visions end ell the little extra6 tha
10 TO mako q junbet OF this sor,
complete.
''it should be understood that the
oxpenses Of these cars were borne
by railroads which were actual oil
poteatial litisants In his court Al
one time. ! am informed. there ws'
O receiveYship which brought the
management Of q railway into Judge
Lurtou's court. and the Judge simp
~ Indicated TO tho receiver his de
sire 70 have q private car. The re
ceiver naturally obeyed.
Neither Judge Lurton nor his
friends ever have denied his FIRE
ouent habitual use OF private care
Nor have they tried to justify II. ]
vas talking to q griz1led corporation
lawyer who was most friendly tt
the Judge.
. ~ don't think that story should
be brought up at this time said IN
lawyer. Judge Lurton has re
formed and seen the error Of hi
waya Why not forget the pastT'
He went on to say that this pri
vate car affair had already lost tn
Judge a promotion to tho supreme
court.
1T was President Roosevelt
purpose TO appoint Judge Lurton II
succeed Justice Brown the lawyer
said. Judge Taft who was then sec.
retary OF war. was pressing Lur
TOMS name. But Roosevelt got th'
story Of Judge Lurton's use OF pri
vate cars. and be dropped that nam
from HE list
President Taft and Judge Lur
ton were on the bench together A
one tip,e the court was made up o
Taft. Lurton and Day. tho latte
being Mr.. Justice Day. OF the Unite
States suprems court Tho iistric
included Michigan. Ohio, Keotuck
and Tennessee. Judge Lurtou owe
his appointment 10 President Cieve
land.
"A leading member OF the Nash
Vile bar and himself a .cotporatio
lawyer John J. vertress. What
had to say OF Judge Luton take
ou added Significance from the fac
that be is personally aid profes
etonaliy tho Judges friend.
In these days said Mr.. Ver
trees. Judges and lawyers are ap'
TO be classified under two heads
tnose who place the emphasis a.
property rights. and those Who place
the emphasis on personal rights. tt
the former class belongs Judge Lur-
ton
The attorney went on TO argue
that this position Is the correct one
end that stability of property sboul6
be made paramount I talked witt
lawyers IN Cincinnati and Memphis
and found nothing TO contradict the
impression as 10 Lurton'5 corporate
and railway leanines.
1T Judge Lurton bst ever do
c1ded a motion OF q case IL way
dfstasteful to the Louisville and
Nashville railroad said q Memphis
attorney. I have never heard of the
case.' and he added: This may
mean that the L.. & ~. road is al
2 ways right: but II that IS what 1t
means It is singular to say the
least
Judge Lurton's pro-rajlrosi and
pro-corporation record covers a po
ROD of about so years. II began
when the firm was Lcrton & Smith.
and he was local attorney for the
l.. q " 1t pis made Up on many