Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-12-23
JUSTICE BUTLER NOW.

THE nomination of Pierce But
l Ter Of St. Paul as justice OF
the supreme court Of the United
States was made by President
Harding some weeks ago and con-
firmation was held up on account
Of objections raised by Senator
LaFollette and other radical sena-
tors. 1t has now been confirmed
by the senate with just eight sena-
tors voting in opposition. Four OF
these were republicans, as follows
LaFollette of Wisconsin, Norris OF
Nebraska, Brookheart of Iowa and
Norbeck Of South Dakota. -Four
democrats joined them: George OF
Georgia, Trammel of Florida,
Shepherd of Texas, and Helm OF
Alabama.
The objection made by these
men to the appointment was that
as Mr.. Butler had largely been en-
ployed by railroads in the past his
trend of mind must be ultra con-
servative and he would, therefore,
he inclined to look on cases that
came before him for decision in
the court of last resort from the
viewpoint of his former employ
ers. The deduction was not war
ranted by anything in the record of
MI. Butler, except his employment
In railroad cases. No charges at
fecting his honesty or intellectual
qualifications were made by any
one. Senator Walsh of Montana
was one of his defenders in the
senate and the citizens of Montana
who know Senator Walsh will not
suspect him Of any bias in favor
Of corporations. In fact while
those senator's who opposed his
confirmation~are nearly all count
ed among the radical element in
the senate, yet a good many 9TH
er radicals supported the nonina-
ton Of Mr.. Butler. These includ-
ed some Of the leaders of the radi-
cal element. 1t cannot, therefore,
be truthfully said that the radical
senator's opposed the confirmation
Of Mr.. Butler, though some OF
them did so.
There is no doubt some weight
to be attached to the theory that a
mans mind is, influenced by his en-
ployrnent. yet it needs to be taken
with a good deal of caution. A
man may have spent a life time in
defending criminals in the courts
without becoming influenced in his
mind in favor of crime or of GRIM
inal acts. He might make a good
criminal judge in spite of such ex-
perience. In fact, he might be a
better criminal judge because OF
such experience. So in the prac-
ticc of law he may have defended
many corporations and yet be a
better judge in corporation cases
because of that fact. To be able
mentally to see both sides OF a case
and fairly estimate their respective
values in law and equity is a gift
that some me- have and some men
have not. That gift is valuable to
the lawyer. 1t enables him to
plead his clients cause more ef-
~ficiently. It is doubly valuable to
the Judge on the bench. = In fact,
the type Of mind that takes sides
and champions one side of a case
d~isqualifies a lawyer for the bench.
Such 4 man sometimes succeeds as
an attorney and makes a big repu-
taition, but he does not succeed
as a judge.
VIZ never took much stock in
the opposition to Judge Butler
based on his previous employment.
Those who know him best vouch
for his mental integrity. And that
is a very different thing from NOR
al integrity. Both are of course
needed on the bench as primary
qualifications, especially. for a life
judge. W. have known lawyers
who spent a whole lifetime as or
poration attorneys who had this
mental integrity strongly develop
ed. To make cur meaning more
plain the late /. Parker Veazey,
ST., was such a man. We believe
the older employees of the Great
Northern railroad would have at
any time been satisfied to leave
the justice of their case to his free
decision knowing that they would
get a square deal. Seeking an IL
Iu~stratio1 on the other side we
would say that Ex-Judge Lands
wax = man who lacked the sort