The Lynden tribune. [volume] (Lynden, Wash.) 1908-current, 1912-09-05
How Kellogg Got
Lii Ill

chair, and in this connection 1t VIII
also be recalled that the forces that
put him there were the same ones VINO
today control the two daily newspapers
of Whatcom County. And 1t Will also
be recalled that the board of county
commissioners were part of the Mead
Howard machine, which then had
Whatcom County in its grasp.
Armed with the resolution request
ing a second Judge for this county,
Howard and l.. N. Griffin descended
on the Legislature, where they caused
the introduction of a bill providing for
this additional judge, which was IN
troduced in due course of time. linen
came the hearing before the proper
committees. At that hearing w. II.
Pemberton spoke on Judge Neterer S
authority, and told the committee tnat
the Judge declared he was amply able
to care for the work, and that there
was no need of this add1tlonal eH-
pense. Despite this fact, however, the
Legislature passed the bill, and Al
bert e. Mead signed it and lmmedlate-
ly appointed John A. Kellogg.
county are paying tor.
The Herald, under scare-heading,
announced, that Howard had won the
fight" and that Kellogg had been ap-
pointed." In the body of the article
they further distributed the honors OF
Kellogg's victory by stating that Z.
w. Howard and l.. N. Griffin had won
the fight for Kellogg's appointment.
So, voters of Whatcom County, You
have it on the authority of the Herald,
a supporter of Kellogg, declaring that
Kellogg owes his appointment to {.
w. Howard and l. N. Griffin. DO you,
voters of Whatcom County, think that
these gentlemen are the ones VINO
should select your superior judges for
you? Kellogg's reelection two years
later was secured by these same for
ces.
Actually Scandaized the
Newspapers
The daily papers of this state were
scandalized by the Root-Gordon af-
fair. So mortified were they that
they refused to print many OF the de-
tails. This work was left for the mag
azines. A brief summary is pertinent
at this time because of the part How
ard and Kellogg played in it.
A person who had been injured by
the Great Northern railway, secured a
Judgment against that company. This
Judgment was affirmed by the supreme
court. In doing it, they laid down
rule of law, which was very distaste-
full to the railroad attorneys, because
of the effect which it would have on
cases then pending, and which would
ultimately make their way to the SUI
preme court. Therefore, Judge Cor
don, who was counsel for the Great
Northern Railway, and who himself
.oc <xf thn a
Court of the State of Washington, ap-
preached his friend, Jurge Root, and
told him while the railroad company
was willing for the Judgment to stand,
they wanted the court to change the
rule of the law laid down in the de-
cision. This Root agreed should be
done on a rehearing, and not being
able to write a decision meeting with
Gordon's approval finally told Gordon
to write the decision himself. This
Gordon did, and submitted it to the
Great Northern's chief counsel at st.
Paul and secured his approval and
thereupon turned it over to Root, and
it is now a part of the records OF the
Supreme Court of the State of Wash
linton, and found in Harris VS.. Great
Northern case, 4Sth Washington Re-
port, page 44O.
Not long after this Gordon was in
dicted for embeZzling $4,000 from the
Great Northern Railway Company. He
told fellow attorney that large pOr-
ton of this money had been used to
corrupt the courts. Although James j.
HILL the president of the railroad COM
pany, swOre before grand jury that
he would have his directors furnish the
necessary Information for Gordon S
conviction. this was never done, and
the whole affair was hushed up.
Following the disclosures, members
of the State Bar Association demand ed
that Gordon and Root be disbarred. A
committee was Immediately appointed
to investigate the charges. Then came
meeting of the bar association and
the bylaws were changed so that the
investigations should be secret af-
fair and the investigating committee
should report, not to the bar associa-
ton members as whole, but to the
executive committee of the assOcia-
ton. The man who moved the previ-
GUS question in order to shut off de-
bate on the. change in the bylaws was
John A. Kellogg. Proceedings Wash
ington State Bar Association, 1909,
pages 1888.
A year later came another meeting
of the bar association, and this was
held at Bellingham. The investigating
committee had gathered it's evidence
and was ready to report. During the
time the bar association was in ses-
sion here a demand was made from
the floor for a report of this commit
tee. The reply was given that the
committee was not ready, but would
be the next day. The next morning
G. w. Howard was elected president
of the State Bar Association. One OF
the men whom he appointed on its
executive committee was John A. Ke!-
lOgg. No report was ever made by
the executive committee in the Root
Gordon affair, and today both Root
and Gordon are attorneys practicing
at the bar of the State of Washington,
in good standing.
Many of the conscientious attorneys
in the State of Washington resented
the attempt of the corporation section
of the bar to hush up this affair. I'm
fortunately for the legal profession OF
tho Stata Of washington. their desires