New-York tribune., 1910-11-05
JUSTICE WHITNEY CANDIDACY
DR.. Peters Urges Retention Of This
Inrist On States Supreme Court Bench.

To tre Editor of The Tribune
sir There g nothing that affects the
interest Of the people more closely than the
character Of the judiciary. and yet the
ordinary man IS probably most careless
e--,- his vote on candidates for judicial
Office The ordinary man becomes entnusl-
asr+r about the nominees for Governor
CONGRESSMAN. Assenblyuan or the IKE
,,,-- unless he be lawyer he interests him
self very little IN the judicial nominations.
last YEAR Governor Hughes appointed as
Justice or the bench Of the Supreme Court
Edward B Whitney. a Democrat, 10 MI
Democratic vacancy. In ordinary course
N- Whitnev, having proved hinself an uli-
usually good Judge, should have been nom
,7s+e5 for the regular term by both parties;
but. although Nj Whitney is Democrat
Tsrmanv Hall has refused 70 nominate
him. preferring to see on the bench one OF
IS own henchnen- Fortunately, Repubh-
7s-s fn6erendents and the Citizens Union
have united IN nominating the present JUS
-foe NJ Whitney. TO succeed himself, and
zo honest men viii have a chance TO vote
for hin.
L the average man sufficiently awake to
--a tr-portsrce Of the principles and inter
es+s involved in such an issue 70 vote and
work for M Whitney? Or through pure
a-athy. will the majority vote the party
ticket. without regard 10 their own true
irterests-and their interests are NitalIy IN
volved in this judicial election
Nv experience in numerous fights for the
rights of the plain man has been that the
courts too frequently stood in the way OF
those rights. either because Judges were not
sufficiently intelligent OF sufficiently pro-
eressive or sufficiently forceful, or because
they were swaved by party or class infiu-
encas T Is Of the utmost importance, not
merely sor The man Of large property, but
f0r rhe plain people, 70 have Judges VINO
will protect them in their everyday rights
IS consumers Of gas, as passengers on
street railroads. etc.-to have or the bench
progressive. forceful and absolutely impair
tia Judges. Precisely such Judge and
such lawyer has Mr.. Whitney been
As chairman OF the Transit Reform Com
rrit-ee of one Hundred. I had the pleasure
~ close association with Mr. Whitney IN
work for the public good He was a leader
IN the movement which resulted in COM
neTIng the streetcar lines TO observe the
,av and grant free transfers 10 the people
and in preventing the traction companies
from robbing the people through sneak
thief legislation a. Albany.
II was not the first time that 7 had been
associated with Mr Whitney in a fight for
reform. IN which mis- clear legal mind was
Of the first Importance for the success OF
the cause and he has always been ready
70 give his services for nothing in such
lights for the peoples rights. His record
as lawyer. Of which the average man
ordinarily knows too little, whore the law
yer is q modest man and does not find
some way Of fauntng his deeds before the
public. is one OF splendid service TO the
public. national and civic.
Ftrsr-As President Clevelands $ First
Assistant Attorney General. Whitney Sc
cured from the federal Supreme Court the
tao most farreaching and important de-
cigions under the interstate commerce act
and the Sherman antitrust law, respec-
lively establishing for the first time the
criminal responsibility Of high railroad Off
Gals for giving rebates 10 favored ship
pers. and also the applicability Of the sher-
man antitrust la 10 industrial comDina-
ticns. The latter is the decision upon
which all subsequent actions against trusts
operating in restraint Of trade have beer
based.
second-As a lawyer in private practice
IN New York. from 1897 10 1853 Whitney
drafted and secured the passage OF many
amendments 10 and new sections in the
code Of civil procedure 10 lessen the laws
delay. that the poor man may have z
more equal chance with his richer adver
sary il htigztion-a public service OF th'
highest value.
Third-As counsel 10 the Tenement HOUSE
Commission without pay, from a public
spirited desire TO serve those Of his fellow
citizens Ulo needed such service most, h
drafted the present tenement house law.
Fourth-He fought the Remsen gas bill
which was an effort 70 make perpetual al