Moody, William H. (William Henry), 1853-1917

Collection

Library of Congress Manuscript Division

Creation Date

1904-07-13

Creator(s)

Moody, William H. (William Henry), 1853-1917

Language

English

This amendment first re-establishes the fact that the federal government has the ability to regulate interstate trade, and that such regulation may be delegated to commissions. “Due process of law,” in reference to these commissions, does not necessarily mean that the actions of the commissions must be reviewed by courts, except where such actions may conflict with the constitutional right to property. If every action of a commission to regulate railroad rates needed to be evaluated by the courts, it would, for all practical purposes, destroy the ability of the commission to operate.

Collection

Library of Congress Manuscript Division

Creation Date

1906-02-28

Justice William H. Moody presents President Roosevelt with some general rules of constitutional interpretation in light of his understanding of Charles Fremont Amidon’s speech. Moody mentions how interstate commerce has changed in recent years and that the courts must determine what is national and what is local commerce and the role that the nation has in it. Moody encourages Roosevelt to strike all reference to Amidon’s speech. This record is a typed copy of Moody’s letter to Roosevelt.

Collection

Library of Congress Manuscript Division

Creation Date

1907-09-09

The rumors of desertions at Kiel, Germany, are without foundation. Secretary of the Navy Moody has been informed by Admiral Cotton that there were two “stragglers” left behind at Kiel.

Collection

Library of Congress Manuscript Division

Creation Date

1903-07-08

There are reports that revolutionary forces are preparing an attack on the government forces of Colombia in Panama. Due to America’s potential interest in the New Panama Canal Company of France and guarantees of free transit across the isthmus, it may be necessary to secure the railroad terminals and route. Naval forces have been ordered towards Panama to protect the interests of the United States.

Collection

Library of Congress Manuscript Division

Creation Date

1902-09-12

Secretary of the Navy Moody quotes the telegram he sent to Major Littleton Waller Tazewell Waller, discouraging him from giving interviews about actions in the Philippines.

Collection

Library of Congress Manuscript Division

Creation Date

1902-06-14

Attorney General Moody discusses new state constitutions passed in some southern states designed to keep African Americans from having the right to vote. Moody declares that under the Fifteenth Amendment these new laws are unconstitutional. He calls for change so that African Americans are treated equally under the law.

Collection

Library of Congress Manuscript Division

Creation Date

1904-07-05

Attorney General Moody requests William Loeb’s opinion regarding a proposal to promote Mr. Lloyd to the Assistant District Attorney position vacated by Henry C. Platt in New York. In the proposal, Lloyd’s former position is eliminated and the salary distributed among the other employees in the office. Moody also asks if William Michael Byrne, who wished to take Platt’s position, would accept a lesser job in the district attorney’s office.

Collection

Library of Congress Manuscript Division

Creation Date

1904-07-05

Attorney General Moody sends President Roosevelt the account he requested of the conference Moody had with Senators Benjamin R. Tillman and Joseph W. Bailey. Moody recounts the circumstances leading to the conference, and the discussions he had with Roosevelt prior to the conference regarding an amendment to the Hepburn bill and the ability of Congress to limit the ability of courts to issue interlocutory injunctions. Moody told the two senators Roosevelt’s thoughts on the matter and found them to be largely in agreement, leading to the creation of a draft amendment. This amendment had some difficulty in the Senate, and Moody told Tillman and Bailey that it may be difficult for an amendment that the executive branch had a hand in crafting to pass, and suggested that they collaborate with Senator William B. Allison on the creation of a new amendment.

Collection

Library of Congress Manuscript Division

Creation Date

1906-05-14

Attorney General Moody confirms that Representative Hepburn’s actions in the amendment to the Interstate Commerce Law is in line with President Roosevelt’s desires, and gives a detailed reasoning for his conclusion. In a typed addendum, Roosevelt agrees with Moody’s conclusions.

Collection

Library of Congress Manuscript Division

Supreme Court Justice Moody has read the letter and article from William Allen White that President Roosevelt forwarded to him, and offers his thoughts on the matter. Moody writes on the power of the courts to declare laws unconstitutional. This power has to be exercised with caution as, contrary to prior doctrine, the courts are not infallible. While there are checks on the power of the legislative and executive branches, if the Supreme Court exceeds its authority there is little recourse to correct the errors. Moody discusses recent examples where the Supreme Court made explicit that its duty is not to comment on the justice or wisdom of pieces of legislation, but to enforce the law as it is written and determine how laws interact with the Constitution and other laws.

Collection

Library of Congress Manuscript Division

Creation Date

1908-12-03

Supreme Court Associate Justice William H. Moody has examined President Roosevelt’s letter with care. Moody finds the statement about McGraw’s conduct to be as he remembers, but thinks it would be best to say McGraw’s habits and reputation were very poor and his appointment would have caused a scandal. Moody remembers that in the case of the William C. Bristol matter, he felt the benefit of the doubt was deserved. Moody is grateful for Roosevelt’s trouble in the matter, and asks for a copy of the letter when sent.

Collection

Library of Congress Manuscript Division

Creation Date

1907-10-30

Justice Moody asks William Loeb for a copy of the letter Moody wrote to President Roosevelt yesterday. He sends his well wishes to Loeb and his wife, Katharine W. Dorr Loeb.

Collection

Library of Congress Manuscript Division

Creation Date

1907-09-10

Supreme Court Justice Moody presents President Roosevelt with some general rules of constitutional interpretation in light of his understanding of Charles Fremont Amidon’s speech. Moody mentions how interstate commerce has changed in recent years and that the courts must determine what commerce is national, what is local, and what role the nation has in it. Moody encourages Roosevelt to strike all reference to Amidon’s speech.

Collection

Library of Congress Manuscript Division

Creation Date

1907-09-09

Justice Moody tenders his resignation as Attorney General, in order to begin his new position as Associate Justice of the Supreme Court.

Collection

Library of Congress Manuscript Division

Creation Date

1906-12-15

William H. Moody responds to allegations made by Secretary of the Interior Ethan Allen Hitchcock that in matters regarding certain land cases, Wyoming Attorney General Timothy F. Burke and other Department of Justice officials have acted inappropriately and therefore should be removed from office. Moody disputes this and says that the claims Hitchcock has made are too vague and broad, without naming specific people aside from Burke. While Moody acknowledges that it would be impossible to keep up to date with the details of every legal case in the country, he is certain that he would be aware if anything untoward was happening regarding land cases. He will have Burke’s case investigated, though he hopes that specific charges will be filed.

Collection

Library of Congress Manuscript Division

Creation Date

1906-12-08

Attorney General Moody encloses a draft of the announcement appointing trustees for the Nobel Peace Prize, which follows President Roosevelt’s instructions and includes Secretary of War Taft’s suggestion. Moody has added stipulations for the use of income since Roosevelt’s draft was silent on that aspect and thought Roosevelt might wish to take into account Secretary of Agriculture Wilson’s suggestion.

Collection

Library of Congress Manuscript Division

Creation Date

1906-12-07

Attorney General William H. Moody formally resigns from his Cabinet post and expresses his gratitude to President Roosevelt.

Collection

Library of Congress Manuscript Division

Creation Date

1906-12-15

Attorney General Moody reports that charges have been filed against B. F. Oneal, United States Marshall for the western district of Louisiana. Moody recommends that he be removed from office.

Collection

Library of Congress Manuscript Division

Creation Date

1906-10-02

Attorney General Moody emphasizes to William Loeb that he must be in Washington on September 28 to meet with President Roosevelt, as he needs to leave for Massachusetts shortly after to prepare for a convention. Moody writes as a postscript that he will take up the matter of U.S. Marshal Vivian J. Fagin at once.

Collection

Library of Congress Manuscript Division

Creation Date

1906-09-17