The Bridgeport evening farmer., 1911-01-07
REMAINED JUDGE FOR THE CHANGE OF DOING GOOD. Justice Whitney a Nephew of Governor Baldwin
 Death Leaves Un-
 fillable Void Native of Connecticut and Descendant of Famous Stock-His Life Work.
(New York PoSt.)

t1On, he said: 1T should like to stay
 on the bench because I feel that I am
 doing good here.'
 The election went against him; but
 shortly afterward when a place was
 left vacant by the death of Justice
 Dayton, Gov White was compelled
 by force of popular pressure to ap-
 point Justice Whitney to fill the va
 cancy.
 This moral victory of judge who preferred the bench to private prac-
 tice because he could do good had
 been a source of qualification to his family and friends at the Christmas season; but with it came the attack
 of pneumonia, which, acting on a con-
 additionally weak heart, brought about his death.
 He was cut off in his prime at fifty
 three years. All his life he had be- longed to the class of public men who, having more than the usual amount ing their own liking, but do a great deal for the public beside. He was independent in politics, though a Democrat fundamentally. Tn the early Cleveland days, he was an anti-snap- per- As assistant attorney-general
 under Cleveland. he won the first anti Trust suit brought under the Sherman
 act. He argued successfully the case
 establishing the criminal responsibil-
 ity of railroad officers for discrirnina-
 tions among shippers; he fought for
 free transfers in New York city; he
 was credited by Gov. Hughes with
 having done more than any other one
 man to give the citizens of New York
 eighty-cent gas; and he frequently
 gave his services without charge,
 when they were needed by political
 organizations which lacked the means
 always so readily obtainable by the
 bigger political machines.
 Gov. Hughes appointed him to the
 Supreme Court about a year ago to
 fill the unexp,red term of Justice Gil-
 dersleeve. He appointed him, be-
 cause from personal and professional
 association with him, he believed in him. He belonged to no party long CT than that party continued to do what he considered high-minded and right.
 Justice Whitney was a slight man, and one who never enjoyed robust health. Had nature endowed him more generously, he would undoubted- ly have had a remarkable career, for he had every other possible advantage ney,. the Yale philologist and editor His mother, who still lives, was a daughter of Governor of Connecti- cut, and descendant of Roger Sher- man, one of the original signers of the Declaration of Independence. Her brother, Simeon E.. Baldwin-Justice Whitney's uncle-is the present Gov ernor oe Connecticut.
 Born in New Haven in 1857 and brought up in the New Haven atmos- phere, he was graduated from Yale in the class of 1873. Another mem Der of that class was William H. Taft, now President of the United I'M 1-l.f~ two men, intesfied by membership together in the senior society of Skull and Bones, and later by association in the Ohio courts-Taft as judge Whit ney as government counSel-has con- tinued strong up to the present day.
 After studying at the Yale and Co., lumbia Law Schools, Whitney was ad- mitted to the bar in 1880, and began practising in New York. He helped organize the National Association of Clubs, and was it's secre- tary from it's organization in 1888 to 1890.
 While under MI. Olney at Washing of many important constitu- tional cases, including the income tax case, the trans Missouri and Addyson pipe cases, which established the ef1- cacy of the Federal antitrust law, and the Wight case, which has been to above as having establish ed the criminal liability of railroad of- f1cers for discriminatory treatment of shippers.
 He was counsel to the New York State Tenement-HouSe Commission of 1900. He acted as special assistant to Corporation Counsel Rives in 1903, to examine the franchise of the gas, electric lighting, and electric subway of the Borough of Manhat- 1 tan; and, as counsel to the Peoples 1 Institute and other organizations, he l led the opposition to the Remsen Gas l bill of 1904 before the Mayor and Gov ernor.
 As one of the counsel for the West l Side Transit Reform Committee, and i've part in the litigation which es- ablished the right to free transfer | ,n the surface street railroads. He l argued the case which put tCunneen ,n the Prohibition ticket and resulted Il his election to the attorney-gener- for the Citizens Union in the of 1901 and for W. R. Hearst in the election contest of 1905. He was lecturer on international law tt one time in the New York Law school.
 Iearst- Twins Mcclellan Mayoralty contest decided to run candidates for he Supreme Court just.ceships, MT. Whitney was one of them. All were efeated.
 Mr. Hearst left MT. Whitney off his ticket in 1906, and this led Sov. Hughes to make a campaign beech in which he forced the issue pon MT. Hearst. The Governor strip 'ed MT. Hearst of the credit which e claimed for getting eighty-cent as, and declared that MT. Whitney vas the man who deserved the most long that line. MT. Hughes had been ounsel to the gas investigation con- nittee before becoming official inquis- tor of the insurance investigators. Justice G ldersleeve's retirement a ear ago gave Gov. Hughes the chance 0 appoint MT. Whitney to the Su- reme bench; but the unexpired term 7as to run only until January l, 911 When the time came to make , ominations for the fall elections, sev- ral of the newspapers and many or and individuals urged Iurphy to renominate Justice Whit ey on the Tammany ticket. Murphy owever, chose to name John J. De- my. Justice Whitney's cause was ( espoused by the Citizens , 1nion, and the Republicans, in spite f the difference in politics, put him ( n their ticket. The Democratic land ( tide obl 'terated his otherwise good ( hances oe election. According to lawyers who are famil- { lr with the manner in which Justice 1 1 Whitney conducted the business of his ] ourt, his efforts were successfully ] irected toward prevention of the | ,, I>I .-~Y-