The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-10-22
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r A C F. O n F. |
SUPREME COURT

undemocratic and pro-corporation
tendencies.
The end of the Gordon period
marked a slight break in the influ-
ence upon the court of the boss
ruled convention system Gordon
IS chief justice, was succeeded by
Dunbar, who was succeeded by
Reavis, VINO was succeeded by Full
lerton. Gordon as member of the
court was succeeded by w. H.
White, an appointee of Governor
Rogers, who, was succeeded in turn
BY Wallace Mount, a system-con-
vention nominee of undemocratic
sympathies. The legislature of 1901
temporarily increased the court
from five to seven members and
Governor Rogers reappointed White
and appointed H. E. Hadley. Thus
three places on the bench were
filled without convention meddling
These changes brought a period of
greater independence, the period of
the restoration.
This was followed by the Root
period, the period Of notorious cor
poration influences, political COR
ruption and public scandal.
NJ. J. Gordon served as a men,
Der of the supreme court five and
a half years, being chief justice
during the last year and a half,
and resigned to become counsel for
the Great Northern railroad, from
which company he was accused
two years ago of having embezzled
100000, but was acquitted of the
Aristocratic in both associations
and sympathies, Gordon, on the
bench, was powerful pro-corpora-
ton influence, handing down de-
cision after decision in which dis
puted points of law were resolved
in favor of the rich and powerful,
curtainng the rights of the poor
and unfortunate.
Many Gordon decisions might be
cited in illustration of this bias but
two will suffice, two decisions deal
ing with the law of the killed and
wounded. Decisions on this SUBJ
ject are selected because suits
brought under the law of the killed
and wounded are almost invariably
suits between poor unfortunates
and powerful corporations.
." Mary Elizabeth Lane was
injured by the fault of the Spo-
kane Falls & Northern rail-
road. She sued the company
in Spokane and won verdict.
The company appealed. Dur
Ing the trial the trial judge
denied a motion by attorneys
for the company asking for the
appointment of a commission
of physicians with authority to
violate the person of the injur-
ed woman, make a physical
examination and testify to the
character of her injuries.
The supreme court reversed
the case in a decision written
by Gordon. Gordon declared
that the ruling the the trial
court was a reversible error,
that the company was entitled,
as a matter of law, to a ply
steal examination of the plain
tiff by persons not of her Sc
lection.
Gordon said in his opinion
that upon this point the courts
of the country were in con-
fIict. He resolved it in favor
of the corporations. Judge
Reavis, in a dissenting opinion,
declared the true character of
the Gordon opinion when he
said, at does not seem that
the necessity exists, in obtain
ing justice in these cases, to
overturn ancient principles of
personal liberty"
Gordon, in this and in other de-
cisions, placed the desires of cor
porations above the ancient prin-
ciples of personal liberty" He and
his associates on the bench had
secured their nominations from
boss-ruled convictions in which
corporate influences were power
full, if not dominant, and such of
those judges as desired to succeed
themselves knew that they would
have to secure their denomination,
not from the people. the cham
pions of the ancient principles of
personal liberty" but from boss
ruled conventions dominated by
interests seeking the overthrow of
those principles.
The rule laid down by Cor
don in the Lane case-Iaid
down In the interest of great
corporations-is still the rule
of law in Washington, and one
of it's effects has been the COR
ruption of portion of the med
icaI profession as we'll as of
the legal profession. In King
county, where there are great
many of these cases, and where
the rule is frequently resorted
to by the corporation defend
ants, It has developed an aris-
toeracy of Iick-spittle corpora
ton physicians, many of them
regular corporation retainers,
who stand ready at all times to
40 on the witness stand and
swear away the opportunities
for recovery Of the poor, MAIN
Cd and crippled victims Of rail-
road, street railroad and other
corporation negligence, ineffi-
cheney and greed.
One of the far-reaching evils of
our decaying judicial system lies In