The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1910-12-22

JUDGE CARLAIND'S.
Record as Shown to Presi-.
dent, it Discloses Decisions
in Behalf Of the People

! Washington. D. {. II learned
upon good authority that u. D. III
hott's appointment to 1udye ofy the
United States Circuit bench, u a1J sa
successor to Judge Garland viii rest
with Senator Gamble ana President
Taft, Senator Crawford having taken
neutral position In the natter. ow-
ing to Mr.. Elliott's connection - con
sci for the Chicago, MilWaukess q ST.
Paul Railway company. While q
personal friend and admirer ot Mr.
Elliott, Senator Crawtofd. 1t = Sun-
derstood. feels that the declaKalion
In the last South Dak6ta platform
against naming 9 corporation attor-
ney Judge places him In the embar-
RAISING position Of choosing between
personal friend and fidelity stO his
party's pledges. sF sa;2 g
Ju GO Carland's Record. J. (, 3S
In view OF some OF the decisions
rendered by Judge Garland n litiga-
tton between the railway companies.
and the people. Senator Crawford
recommended and secured his ap-
potntment to seat ON the bench OF
the court Of commerce.
In looking mp Judge CarlAnd's rec
ord a. United States Judge Of this
district, It 10 found that 81 al Inn
partant railroad cases tried tn his
court he has decided Tor the people
In the rate case 4naer tn law pase4d
BY the populist s1egt gtalatafS q 1897
Judge Garland sustained the South
Dakota railway commissioned
In the 1897 rate case fudge Car
land held that reduced rates n1ed ~
the board Of railway Gennfssfoners
were not conaseatory md :tha& they,
should be upheld. The pubtet1o e1fts
Of the United states. yeseEesdA Aitt hgt;
sent the case b1ek b6f EtoAAef hear;
ing, and before It was flnaa3YSdSfef@s
mined ~ compromise settlement Y4E
made. I -, 'ssss. /
In another notable case Judge Car
land decided against his superiof,
Judge Walter Sanborn, Of st. Paul.
one Of the United States circuit
Judges of the Sth district. Of which
South Dakota is part. This was the
case of the Chicago. Burlington &
Quincy Railway company against the
Board of Railway Commissioners OF
the case were United States Circuit
OuU6N SoAOOlA, ANdkAo 0nO S0I I0HUR
this district Judge sitting with them
In that case the Chicago, Burlington
and Quincy Railway company at
tempted to enjoin the Nebraska State
Railway Commission from investigar-
ing the question of whether or not
rates on grain and grain products In
straight car loads transported be-
tween points in the state OF Me-
braska should not bereduced. Judge
Sanborn decided in favor Of the rail
road company, but Judge Garland
and the other United States Circuit
Judge, who was Judge Adams. went
together and decided in favor Of the
Nebraska Commissioners and Judge
Garland wrote the opinion IN the
case. It was rendered on April IL.
1908. and is reported in Volume 1872.
of the Federal Reporter, page 242-
Judge Sanborn disseated from the de-
cision rendered by Judge Garland but,
the other circuit Judge sided with
Judge Garland, and his position was
sustained by the United States circuit
court Of appeals.
President Taft, 1t is known exam
ined Judge Carland's record very
carefully, and state before he sent
his appointment to the senate that
1t was one Of the very best records
made by any United States district
Judge in the whole country.