The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-10-11
In recent letter to Justice Moody, upon the
occasion of his retirement, Mr.. Taft said

occasion of his retirement, Mr. Taft said:
The approaching of every question
for decision with indifference TO every
consideration except to reach right
and just conclusion and TO preserve the
fundamental structure of our Govern
ment as our fathers gave ii to us makes
he functions Of the office most precious
to one who feels in every fiber their
sacred importance.
Whatever Mr. Roots abilities as lawyer, and
they are concedodv great, the consensus OF opin-
ion throughout the country is that he is and has
been too long identified with particular class
Of interests to permit him to measure up to the
high standard indicated by Mr.. Taft's express
sion quoted above We attach no particular inn
portancc to the ott-s,ated criticism that Mr.. Root
defended Boss Tweed when the latter was
under Indictment. The duty of defending a
client Is Of the highest incidents OF Il lawyer S
functions. He is not 10 be logically charged with
hi clients guilt or Shortcomings. When Tweed
was in the public eve Mr.. Root was merely a
precociousy able Young man. and in addition 10
the fact that he had perfect right TO defend whom
he pleased before the courts he has since had
ample time for growth and development. But 1t
is III the mature practice Of this man that the
great objection to him MS "A Judge necessarily
hes All OF a long course Of practice he has de-
voted almost solely 10 partisan nursing of one
side of great economic and industrial equation
which is even now pressing for solution III the
court for which he Is suggested 10 the trusts
and the great coalitions of capital he has given
the best wears Of his life he utmost power Of
his brain. He ha, necessarily been in direct an-
tagonin to the broad spirit with which. hatlngly
and uncertainty, thc government has been at.
tempting Ia meet ever and ever more difficult
problems. He would be indeed ii supelman had
not this training and this effort impinged upon
The Judicial quality OF his mind. We believe
both in Mr. Roots honesty and in his patriotism.
but do hot helieve-and certain that
the country at large does hot belieyc-that he
could. however anxious 10 do 50. relieve himself
of all his experience and all the trend of his
thought as 10 approach every question for de
cision with indifference to every consideration
except 10 reach right and just conclusion 1t
is not Ill nature that he should be able TO do SO.
and with all his preemincnt ability. Mr.. Root
mind is distinctly formal, which Is distinctly
natural
The powers Of the Supreme Court, especially
al his time when its forthcoming decisions are
| 70 be III many respects epochal, place upon the
shoulders of the President burden which, II
adequately carried, will make his term blessing
to the country, even should he make mistakes
even more disastrous than those whereof he Is
already held accountable by public opinion. The
country has confidence in his choice of judicial
timber and the confidence has thus far been
amply Justified. Ia the matter of Mr. Root
however the country must be taken into consid-
! Grafton. 1t must be remembered that even the
prestige of the highest court depends upon pop
ular confidence. That prestige would be ineyi
tably weakened were there to be placed on the
bench a man 50 eonspicuously friendly to OF
the two principles which coming to final
clash with the Supreme Court as arbier of the
rights and wrongs and limitations of delicate
and complex problem.
Corporate enterprise aud property rights would
be justified Ill grave alarm at the elevation 10
the bench. say, of Kennesaw Mountain Lands
popular confidence in the court would likewise
he reasonably shocked at the placing thereon of
his mental and temperanental anthithesis in the
person of Elihu Root.
YOUNG FOR PROHIBITION.
IL