The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1909-12-11
LURTON'S RECORD
MAY PRBYBNT HIS
BEING ELEVATED
Senate Committee Holds Up
Appointment to Supreme
Bench.
Will Pass on Standard Oil
Company Case.
AND REPUBLICANS ARE WARY

Washington, Dec. 11.-Judge Hor-
ace II. Lurton. of Tennessee, will not
be associate justice OF the supreme
court to succeed Justice X. W. Peck
ham, of New York, without a big
fight in the senate. The Republican
members of the senate Judiciary COM
mittee are opposed to Judge Lurton
and will not vote to confirm him.
should President Taft send in the
nomination.
Senator Clark, of Wyoming. chair
man of the committee, was delegated
by his Republican colleagues to ask
the president 10 consider some one
else for the appointment.
II Is understood the Republican
members of the committee opposed
Judge Lurton because of his strict
construction of the antitrust laws in
decisions involving corporation COM
bina tons.
Similar reasoning by Judge Lurton
would lead hir to take an adverse
opinion. 1t is believed, on the de-
cisions of the federal courts ordering
dissolution of the Standard Oil COM
bination.
AS Judge Lurton il &C years OF age
Il is not thought that he could adopt
a different line of reasoning. To do
so would result in self-stultification
Favored Corporations.
Members or the senate judiciary
committee have hardened to the de-
mands OF the people that the anti
trust laws be literally construed to
resist enCroachments from trusts and
monopolies. II is not their desire to
weaken the position of the govern
ment in its hard-earned victory over
Standard Oil, whose appeal will be
before the supreme court soon.
Intimation has been given MEM
bers of the judiciary committee that
II Judge Lurton's name is presented
by the committee there will be an
open and bitter fight against the con-
frmation on the floor of the senate.
Leading Democratic members oppose
Judge Lurton, although the latter is
a Democrat.
Masses of information inim,csl to
the acceptance of Judge Lurton have
been piled upon the judiciary COM
mittee. A careful study of the cor
poration declHons' of the judge has
been made, and the analysis shows a
strict construction of the
antitrust laws. This construction
was in favor. usually, of the corpora
lions.
The Hccla Mining Case.
One case in particular has been
brought TO the attention of the COM
mittee and its members are studying
IL closely. Action was brought to
have the Hecla-Calumet Mining COM
pany dissolved as being in restraint
OF trade and permitting a monopoly.
There were rival companies. In this
ease II was claimed that the purpose
of the combination was to control
the output OF the mines and to pre-
vent competition.
The decision of Judge Lurton,
based on a majority decision of the
supreme court, was in favor of the
mining corporation. Judge Lurton
took no notice that this decision of
the supreme court has been emascu-
lated by later decisions, carrying
broader constructions of the anti
trust law.
II is pointed out by senators who
are opposing Judge Lurton. that the
dangers CT placing such a strict con-
struction on the supreme court at the
present time are far reaching. The
supreme court Is now considered
nearly evenly divided by strict and
liberal construction Of the law. Chief
Justice Fuller and Assistant Justice
White lead the former school, while
Associate justices Harlan and Brewer
are to be liberals in their views.
Great Deal at stake.
II might fall out that a single vote
will determine the fate of the final
decision in reference to the Standard
oil. The opportunities of Judge Lur-
ton hold II is unfair and unreason-
able that the president should ask the
senate to accept as a member Of the
supreme court a man with the known
views of Judge Lurton. His one vote
might knock out the decision of the
lower court ordering dissolution Of
the Standard Oh and all the work of
the government with the terrific ex-
pense involved and the important
effect of the present decision be nulli-
fled and rendered OF no effect.
IL is appreciated that should the
Standard Oil decision fail. the anti
trust law will remain to be scoffed
at and to be disregarded.
Senator Clark would not comment