The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1922-12-29
(From the New Republic)

The appointment of Pierce Butler,
st. Paul corporation lawyer, as asso-
ciate justice of the supreme court to
fill the vacancy caused by the resig-
nation of Justice Day, has created a
storm of protest from progressive ele-
ments in the northwest, where Mr..
Buffers record, views and tempera-
ment are generally well known.
No doubt it is typical of Mr..
Harding's other appointments for the
court. But coming on the heels of a
most vigorous protest by the people
against the reactionary policies of the
present administration, it is almost
astonishing particularly since the
appointee is from a state which regis
tered the outstanding progressive vic
tory of the recent election by electing
Henrik Shipstead to the United States
senate, running on the Farmer-Labor
ticket in opposition to Senator Frank
B. Kellogg, personal friend of the
president and one who urged the ap-
pointment of Mr.. Butler.
Is Corporation Lawyer.
Who is Pierce Butler and why was
he appointed? Mr.. Butler, for 25
years, has been corporation lawyer.
He is regarded by many members of
his own profession as the foremost
railroad attorney not only in the north
west but in the country. No one dis
putes his ability as an attorney. He
gained his national reputation as a
railroad lawyer by his handling of the
famous Minnesota railroad rate cases
in 1907, when he appeared as chief
counsel for northwestern railroads to
combat the Minnesota rates. The
case attracted nationwide attention,
this being the first real test of the
question of whether state has the
right to regulate interstate rates. The
case was won in the lower courts by
the railroads, but the United States
supreme court reversed the decision.
Represented Big Interests.
Prior to that time Mr. Buffers repu-
tation as a corporation lawyer OF
ability was more than local. One Oh
his first clients-Which he has repre-
sented ever since-was the st. Paul
Gas Light Co., a subsidiary of one of
the large light and power trusts OF
the country. From 1899 to 1905 lie
was trial lawyer for the Omaha, St.
Paul, Minneapolis and Omaha rail-
road, and represented the Hill roads,
the Great Northern, Northern Pacific
and Burlington, in all their import
ant litigation for many years. Dur
ing the valuation hearings before the
Interstate commerce commission IN the
proceedings which resulted in fixing
the valuation of the roads at about
$4,000, 100000, Mr.. Butler represent
ed practically all the western roads,
and was one of the leading attorneys
before the commission. 1t was this
valuation, regarded by many experts
as billions of dollars greater than the
actual value Of the roads, which form
ed the basis for fixing railroad rates
by the interstate commerce commits
sion under the Esch- Cunins law.
Opposed Wage Award.
Mr.. Butler appeared in court on
numerous occasions, as counsel fof
corporations in litigation where the
interests of the corporations were OPP
posed to those of the people. He was
attorney for the Minneapolis Gas
Light Co. in receivership proceedings
in federal court when the recelversnip
was used to get the case INTO tedefal
court as a step for increased rates;
which were obtained He represented
the 81. Paul Gas Light Co. also in a
sLc .eseful fight for increased rates
When the Minneapolis Steel & Ma
chinery Co, a notorious 'abor-baitin,e
corra. alton, conferred an award made
tn their employees by the war labor
oaard, Pierce Ba:'rr appeared as at
tnrney to wage the fight against the
workers. He conducted a similar
fight for the gas companies OF Mime
apolis and st. Paul. Nash Brothers
Produce Co, the large produce con-
Germ in the northwest, was represent
ed by Mr.. Butler to combat charges
against the firm in North Dakota al
leging violation of the antitrust laws
Friend of League Foes.
One of the most dubious cases in
which Mr.. Butler appeared as cou1l-