The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-07-13
LINCOLN INTERCEPTED FOR
JUSTICE LURTON'S RELEASE
Jurist Who Died Yesterday Had Exciting Expert
ences in the Confederate Army-.-Was on
the Bench for 81 Years

| 1T IL Just the simple truth to tell you y
President Taft wrote to Judge Lurton
when he appointed him to the Supreme
Court bench IN December. 1909. that
the chief pleasure of my Admlnistra tion,
as l have contemplated IT In the past, has
been to commission you a Justice of the
| Supreme Court and never had any
other purpose and was never shaken In
II until there was presented 20 me the
challenge whether I was not gratifying
my personal desires at the expense Of
public interest in putting a Judge OF your
age upon the bench under present con-
ditions For this reason took back my
determination 20 appoint you. wiped II OF
the slate and gave two or three days to
the interpretive process TO know whether
] was yielding TO personal preference at
the expense Of the public. became con-
WINGED that ] was not--that the circum-
stances justified the departure from the
ordinary rule and that I had the right
to crafty my personal prediction by
| doing what I have done, because the
motive In doing II included a desire to
strengthen that court as much as I could
strengthen It,"
Judge Lurton was then SIS years old
and had been on the United States Circuit
Court bench for seventeen years.
Opposition TO His Appointments.
When Judge Lurton's name first was
suggested by President Taft for successor
to the late Rufus W. Peckham In the Su-
preme Court some opposition was voiced
CHIEFLY on the ground OF his age and on
the part OF Senators from the Atlantic sea-
board. on the ground that the death OF
Justice Peckham. a New York State man,
had left the Supreme Court with no rep
resentative of the great territory along
tho Atlantic and Gulf coasts between
Massachusetts and Louisiana. The fact
that Judge Lurton was Democrat was
In his favor even with the Republican
Senate since the death of JUST q Peckham,
a Democrat, had left only two members
OF that party among the eight remaining
Judges Of the court
The advanced age of other members Of
the court, however. and the probability
that there soon would be other vacancies
through retirement to one Of which a |
Judge from the Atlantic seaboard could |
be selected silenced the opposition raised
on geographical grounds.
In naming Judge Lnrton President TAFT /
felt that he was righting n wrong which /
he considered had been done his friend
when President Roosevelt practically had
agreed TO appoint Judge Lurton to the
Supreme Court bench and then had
yielded to those who said the jurist had
been unfrendly TO labor in his decisions
and had accepted favors from the rail-
road companies.
Reports that fight would be made in
the judiciary Committee OF the Senate
against the appointment on the basis of
decisions handed down by Judge Lurton
alleged 10 be favorable to corporations
never found a champion IN committee.
President Taft. after holding UP the an
pointment until he had been assured that
the nomination would bs confirmed. sent
Judge Lurton's name 10 the Senate on
December 10. 1909. the appointment was
confirmed on December 20, and JUSTICE
Lurton took his seat In the court on Janu-
iry $3.50.
Justice Lurton's health began TO fail
almost from the day he went upon the
Supreme Court bench.
Probably the most important opinion he
''fN'l'N "oS 'iidt inc LOUIS Ter : ,
ninal case. In the big antitrust suits HI.
held with the majority OF the court in
he construction and application OF the
sherman law
The opinion in the Dick duplicating
Machine case, in which the so-called
patent monopoly" was upheld by a
iivded court, was prepared by Justice
.urton. He also wrote the courts oninion
n the case of the City OF Manila in which !
he new city was held 10 be liable for the
OF the old City of Manila He
ilso prepared the opinion in the case of ,
ne Oklahoma state Capitol contest the !
anthracite coal case and a series of cases ,
constituting and applying the Carmack ,
amendment to the Interstate Commerce
aw limiting the liability OF carriers
Served in Confederate Army. :
Horace Harmon Lurton was born at {
Newport, Campbell county. Kentucky. in q
s4. He was educated In the public
chools Of the neighborhood and in Doug d
as and Cumberland universities. Like |
'hief Justice White, he fought on the v
side In the civil war Il
He enlisted at the opening OF tho war
n the Thirty fifth Tennessee Regiment as h