The Detroit times., 1909-12-07
TRUSTS WILL Be
T|CkLEO IF LURTOM
IS APPOINTED
Private Car Judge, Taft's 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.

N-tSfft HE, teHn., brr. - r;tttc
here To see what kind of "A reputa-
tion his neighbors give to Judge
Horace IL. Lurton. who has been
picked by President Taft 10 succeed
Justice Peckham on the United States
supreme court.
The railroads and the corpora
tons Uf fUnucssee witt be entirely
satisfied with Judge Lurton's appoint
ment.' said the first man ! asked.
lie has served them here in Ten
nessee long and faithfully, and they
viii 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 desgna-
ton. Private Car Lurton. the lawyer
answered II suppose you've heard
what everybody knows throughout
this section OF the south about Judge
l.urton's habitual use OF private cars
furnished by the railroads. Up To the
passage OF the Hepburn law, Judge
urton scarcely moved without the
private car"
Sure enough. everywhere | went /
found tales OF Lurton's private cars.
Not for business merely did 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 occasions the railroads furn-
ished not only the cars but the chef,
the provisions and all the little extras
that go 10 make junket OF the sort
complete
Railroads Were Litigants.
II should be understood that the
expenses OF these cars were borne by
railroads which were actual or poten-
tial litigants in his court. At
one time. | am informed. there was
a receivership which brought the
management Of a railway into Judge
l.urton's court. and the Judge simply
indicated To the receiver his desire to
have a private car. The receiver
naturally obeyed.
Neither Judge Lurton nor his
friends ever have denied his frequent
and habitual use Of private cars. Nor
have they tried To justify II. | 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 paste"
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 pur-
pose 10 appoint Judge Lurton To sue
cecd Justice Brown" the lawyer said,
Judge Taft who was then secretary
Of war. was pressing I.urton-s- name.
But Roosevelt got the story OF Judge
IurtOn's use OF private cars. and heard
about his general railroad lcanings.
aud he dropped that name from his
list"
Taft. Lurton and Day"
President Taft and Judge Lurton
verc ON the bench together. At ONE
time the court was made up OF Taft.
Iurton and Day. the latter now being
Mr. Justice Day of the United states
supreme court The district includ-
od Michigan, Ohio. Kentucky and
Tennessee Judge IurtOn owed his
appoiutment 10 President Cleveland.
\ leading member OF the Nashville
har 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 professionally the
judges friend.
"ln these days said Mr. Vertrees.
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