The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1909-12-17
BY gibson GARDNER.

. NASHVILLE, Tenn, Dec. i'll
came here to see what kind of
reputation his neighbors give to
Judge Horace H. Lurton, who has
been picked by President Taft to
succeed Justice Peckham on the
United States supreme court.
"The railroads and the corpora
tons OF Tennessee will be entirely
be brought up at this time" said
the lawyer. Judge Lurton has re-
formed and seen the error of his
ways. Why not forget the past? ?"
He went on to say that this pri-
vate car affair had already lost the
Judge a promotion to the supreme
court
1T was President Roosevelt's
purpose to appoint Judge Lurton
to succeed Justice Brown" the law
yer said. Judge Taft who was then
secretary of war, was pressing Lur-
tons name. But Roosevelt got the
story of Judge Lurton's use of pri-
vate cars, and heard about his gen
eral railroad leanings, and he
dropped that name from his list"
satisfied with Judge Lurtons ap-
pointment," said the firts man |
asked. HE has served them here
in Tennessee long and faithfully,
and they will be glad to see him
promoted to the larger field"
| asked what evidence there was
of friendliness between Judge Lur-
ton and the railroads. 1.-THE familiar
designation, Private Car Lurton,'"
the, lawyer answered. Il suppose
you've heard what everybody
knows throughout this section of
the south about Judge Lurton's ha.
bitual use of private cars furnished
by the railroads. Up to the pass
age of the Hepburn law, Judge Lur-
ton scarcely moved without the
private car"
Sure enough, everywhere | went
l found tales of Lurton's private
cars. Not for business merely did
he use them, but he gave private
car parties. Once he took a party
of young friends, men and women,
through the west, including a visit
to the Yellowstone. On such occa-
sions the railroads furnished not
only the cars, but the chef, the pro-
visions and all the little extras that
go to make a junket of this sort
complete.
1t should be understood that the
expenses of these cars were borne
by railroads which were actual or
potential litigants in his court. At
one time, | am informed, there was
a receivership which brought the
management of railway into
Judge Lurton's court, and the Judge
simply indicated to the receiver his
desire to have private car. The
receiver naturally obeyed.
Neither Judge Lorton nor his
friends ever have denied his fire.
Quent and habitual use of private
cars. Nor have they tried to justify
1t. | was talking to a grizzled cor
poration lawyer who was most
friendly to the judge.
81 don't think that story should
President Taft and Judge Lurton
we're on hte bench together. At one
time the court was made up of Taft,
Lurton and Day. the latter being
Mr.. Justice Day of the United
States supreme court. The district
included Michigan. Ohio. Kentucky
and Tennessee. Judge Lurton owed
his appointment to President Cleve-
land.
" A leading member of the Nash
vile bar and himself corporation
lawyer is John j. Vertrees. What he
had to say of Judge Lurton takes
on added significance from the fact
that" he Is personally and profess
sionally the judges friend
I'm these days" said Mr. Yer.
trees. Judges and lawyers are apt
to be classified under two heads;
those who place the emphasis on
property rights and those who place
the emphasis on personal rights.
To the former class belongs Judge
Lurton.'
The attorney went on to argue
that this position is the correct one,
and that stability of property
should be made paramount. | talk
ed with lawyers in Cincinnati and
Memphis. and found nothing to con-
tradict the impression as to Lur-
tons corporate and railway lean
ings.
IF Judge Lurton has ever decid
ed a motion or case in way dis
tasteful to the Louisville & Nash
Vile railroad" said Memphis at
torney, II have never heard of the
case" and he added: This. may
mean that the l.. 4 N. road is al
ways. right; but II that is what it
means it is singular to say the
least" 49,
> 1T is recalled that when he was
a member of the chancellors court
he read paper before the bar as
sociation arguing the entire suffi-