New Ulm review., 1922-12-06
|PROCRESSIVES
FIGHT BUTlLE|'R'S | / /
APPOINTMENT
Dispatch Relates The Inside
Story Of How He
Was Named.

The ''inside story Of the appoint
ment to the supreme bench Of Pierce
Butler corporation lawyer Of St.
Paul, has been raised by foes Of the
nomination as an argument against
confirmation which is being held up
by the Democratic flibuster against
the Dyer anti-lynching bill, according
to dispatch from Washington in the
Minnesota Daily Star. The dispatch
goes on t. say:
President Harding's announcement
that Mr.. Butler was to be elevated
to the bench came as surprise to
Washington.
Tt was known that he desired to
name a democrat to the bench, since
he had already named Justices Taft
and Sutherland, republicans, and
wished to balance" the politics Of the
court as early as possible.
Kellogg at St. Paul Conference.
: TT was stated here this week that
Mr.. Buffers endorsements came chief
lly from standpat republicans and that
it was exceedingly distasteful to demo-
Gratis like Walsh Of Massachusetts,
Reed of Missouri and others.
According to reports circulated free
ly at the capital. Mr.. Buffers nomi-
nation Was first discussed alta confer
ence in st. Paul shortly before the
Shipstead landslide in which Senators
Frank B. Kellogg, Knute Nelson and
other old guard republican leaders Of
Minnesota participated. It was agreed
at this conference, it is said, that Mr..
Butler, who has supported republican
standpatters for years but has been
listed NORMALLY as democrat, would
be an ideal candidate.
Senator Kellogg returned to Wash
ington following his defeat aud held
several conferences with President
Harding at the White House. The
Butler appointment was discussed at
these parleys.. Chief Justice Taft was
asked for his opinion and he is de-
clared to have urged the president
strongly to appoint the Minnesota
lawyer.
Railroad Connections Pointed Out.
Upon the basis of these negotia-
tions progressives, labor leaders and
farm representatives. at Washington
expressed bitter opposition to the ap-
.poinfment this week. rs q
"They point to the fact Ithat NJ.
Butler has been for years general
| counsel for an impoi tart railroad and
that he has acted in coult and before
the Interstate Comm cree commission
as counsel for the American Railway
Associations.
'tThis organization was formed after
the Railroad Valuation act went into
effect in 1913 for the purpose Of block
ing physical valuation yf the roads.
"Mr. Butler has been an active ad-
vocate in the courts Of the idea of al
lowing the railroads an increased valua-
tion, based upon the inclusion in Their
capitalization of all the unearned in
crement on their lands, which were
| given to them in large part by the
state and federal governments. If the
valuation for which Mr.. Butler has
contended in tie courts is allowed, the
| progressives claim that it will boost
| the present tentative valuation Of ap.
| proximately 19 billions to early q
billions. This increase would, o.
course, make inevitable large in
crease in railroad rates.
Railroad Cases to Come Up.
ssThe pfogressives point out that tht
United States supreme court is soor
TO pass on the whole question of rail
road valuation.
"They see in Mr.. Buffers elevation
to the bench the transfer from the ba
to the court which is to determine tn
question the man who has been mos
conspicuous in pleading the railroad
cause
Senator Kellogg's interestin the ap
pointment has given some color t
5his view Of the appointment. Kellog
is member of the Interstate Com
merce committee of the senate an
was one of the authors Of the Esch
Cummins law. He has always cor
sended for the acceptance OF the raj
road claims of valuation, based o
J. their 1.inyestmen ut accounts and boo
! values, which the Interstate Com
i merce commission has repetedly re-
j jected. The progressive fear tha
. Mr.. Butler will reflect on the benc
. the same view toward transportatio
3 which Senator Kellogg has shown j
the senate. 4
kilograms Protest Confirm alton.
i Foil lowing the ann nouncement of M
Buffers appointment, letters and tel
i grams Of protest poured into Washlnl
q ton from Minnesota and other poin
0 throughout the northwest.
!. "Mr. Buffers connection with tt