The Detroit times., 1909-12-07
TRUSTS WILL Be
T|CKLED IF LURTON
IS APPOINTED
"Private Car" Judge, Tafts Choice
for Supreme Bench To Succeed
Late Justice Peckham, Was
Turned Down by Roosevelt.
Railroads Furnished Car, Chef. Pro.
visions, Etc, for Trip to
Yellowstone Park.
BY gibson GARDNER.

NASHVILLE, Tenn Dec. IL came
here To see what kind of reputa-
ton his ncighbors give to Judge
Horace II. Lurton. who has beea
picked hy President TAFT 20 succeed
Justice Peckham on the United States
supreme court.
The railroads and the corpora.
tions OF Tennessee will be entirely
satisfied with Judge Lurton's appoint
ment.' said the first man | asked.
He has served them here in Ten
nessce 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 Lurton and
the railroads. THE familiar desigpa.
ton. Private Car l.urton. the lawyer
answered. 81 suppose you've heard
what everybody knows throughout
this section OF the south about Judge
IurtOn's habitual use of private cars
furnished by the railroads. Up to the
passage of the Hepburn law. judge
IurtOn scarcely moved without the
private car"
Sure enough. everywhere | went I
found tales OF l.urtOn's private cars.
Not for business merely did he use
them, but he gave private car parties.
Once he took a part of young friends.
men and women, through the west.
including "A visit 10 the Yellowstone.
ON such occasions the railroads furn-
jshed not only the cars, but the cher,
jhe provisions and all the little extras
Chat go to make junket of the sort
complete
Railroads Were litieants
II should be understood that the
expenses of these cars were borne Nv
railroads which were actual or potcn-
tia ltigants in his court. ~
one time. | am informed, there was
"a receivership which brought tn"
management OF a railway into Judge
I.urtons court. and the Judge simply
indicated TO the receiver his desire 90
have private car. The receiver
naturally obeved,
Neither Judge T.urton nor his
friends ever have denied his frequent
and habitual use OF private cars Nor
have they tried 10 Justify IL. was
talking to grizzled corporation
lawyer who was most friendly to the
Judge.
Il don't think that story should he
brought up AT this time said the
lawyer Judge Lurton has reformed
and seen the error Of his ways. why
not forget the past?
He went on to say that this private
car AFFAIR had already lost the Judge
promotion to the supreme court
1T was President Roosevelt's pnr-
nose TO appoint Judge Lurton to sue
ceed Justice Brown" the lawyer said,
Judge Taft who was then secretary
Of war. was pressing Lurton's name.
But Roosevelt got the story Of Judge
Iurton's use OF private cars, and heard
about his general railroad leaningS.
and he dropped that name from MS
list"
Taft. Curton and Day"
President Taft and Judge Lurton
wore on the bench together. At on"
time the court was made mp of Taft.
IuNon and Day. the latter now Deing
Mr. Justice Day OF the United states
suprcme court. The district includ-
ed Michigan. Ohio. Kentucky ana
Tennessee Judge Lurton owed MS
nnuointment 10 President Cleveland.
leading member Of tho Nashville
bar and himself q corporation lawyer
Is John !. Vertrees What he had TO
say of ~Iudgc Lurton takes on addel
sirrifcance from the fact that he is
pcrsonally and professionally the
Judges friend.
ON these days" said Mr.. Nertrees.
"iudees aud 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 10 argue that
this position is the correct one, end
that stability OF property should be
made paramount | talked with law
sers in Cincinnati and Memphis, and
found nothing 10 contradict the inn
urcssion as TO LuFtons corporate and
railway lcanings.
"If Judge Lurton has ever decided
= motion or a case In a wav distaste-
ruI In the Louisville & Nashville rail
road said a Memphis attorney, II
have never heard OF the case" and
ne added: "Thls may mean that the
l.. & ~ road is always right; but IL