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Frederick R. Coudert asks Theodore Roosevelt if he has seen Monroe Smith’s article, “Shall we make our Constitution flexible.” He comments that many are thinking of the judiciary and the Constitution and shares his thoughts.
Library of Congress Manuscript Division
1911-10-30
President Roosevelt appreciates Colonel Nelson’s letter of approval. The courts’ recent miscarriages of justice upsets him. While his opinion may have consequences, he is willing to take a risk.
Library of Congress Manuscript Division
1908-08-24
President Roosevelt thinks that the Landis-Sims-Wilkerson matter will gradually resolve itself after they confer with the judge. He does not understand Assistant Attorney General Marsden C. Burch’s telegram and asks Attorney General Bonaparte whether Burch is proceeding against all of the defendants or only Senator William Edgar Borah.
Library of Congress Manuscript Division
1907-09-07
President Roosevelt asks the Department of Justice to give special attention to the request of Commissioner of Indian Affairs Francis E. Leupp, feeling “a peculiar obligation to see that the Indians…where possible be protected by the courts.”
Library of Congress Manuscript Division
1907-08-27
Charles D. Bercaw tells R.W. Crowell that he and Edward Parker leased and managed a theater. He tells a humorous tale related to a show the theater put on called “Ships-a-Hoy” and a young boy who tried to sneak in without a ticket.
Library of Congress Manuscript Division
1911-10-10
Ernest P. Holcombe’s reports on his travels as special inspector to attend the hearing in the case of Holm Olaf Bursum v. Territory of New Mexico. Holcombe mentions his conversations with Judge Albert B. Fall, who was under the influence of alcohol. Holcombe details the proceedings of the Bursum case, which resulted in the Territory owing an amount of money to Bursum.
Library of Congress Manuscript Division
1907-09-19
Alford Warriner Cooley reports to President Roosevelt of his visit to Santa Fe, New Mexico. Although the conspiracy was formed in New Mexico, Cooley observes that the main case can be brought in the District of Columbia because the overt act was committed there. Cooley details his conversation with George Curry, who expects to see the president in Saint Louis, Missouri, on October 1. After Albert B. Fall and William H. H. Llewellyn leave, Cooley does not expect to have any difficulties in New Mexico.
Library of Congress Manuscript Division
1907-09-10
Charles Hopkins Clark responds to President Roosevelt’s inquiry about the note from Yale University President Arthur Twining Hadley. Clark explains that he knows some of the men involved in the matter and that The Courant is not in any way bound to support Senator Frank B. Brandegee’s suggestion. Senators, as well as lawyers, have widely endorsed Walter C. Noyes for the position of United States Circuit Judge. Clark strongly recommends his appointment and says that if he is turned down, it could lead to trouble in Connecticut.
Library of Congress Manuscript Division
1907-09-04
Attorney General Bonaparte can not make the changes United States Attorney Edwin Walter Sims asked for, as the Department of Justice has done all it can to meet the wishes of the court. Bonaparte was not told of the facts from Sims’ telegram, and the department will only consider the new information if the court resubmits the question.
Library of Congress Manuscript Division
1907-09-02
United States Attorney Sims suggests edits to Attorney General Bonaparte’s letter. If Bonaparte does not agree to them, Sims asks for an adjournment of the grand jury in order to resubmit evidence so as to prove that the Department of Justice has taken an incorrect stance. Sims feels the court was unfairly influenced by the witnesses from the railroad company’s traffic department, and that the situation is urgent.
Library of Congress Manuscript Division
1907-09-02
On behalf of the Committee of the Moyer-Haywood Protest Conference, Thomas Crimmins criticizes President Roosevelt for his negative characterization of William Haywood and Charles Moyer. Crimmins points out that Haywood and Moyer have not yet been charged with a crime and are widely believed to be innocent victims of a foul conspiracy. Crimmins expresses concern that Roosevelt’s words will poison the minds of the general public, as well as the possible jury for their trial.
Library of Congress Manuscript Division
1907-04-04
Judge Emory Speer of Georgia seems to be of the opinion that President Roosevelt “did not proceed without authority and certainly not without precedent” when he discharged without honor the African American troops involved in the “shooting up” of Brownsville, Texas, comparing the situation to an incident involving George Washington and the “Connecticut Light Horse” militia. Speer notes that the language of Article 5 of the Federal Constitution suggests that a “different method of punishment” can be inflicted by the President when crimes are committed by members of land and naval forces.
Library of Congress Manuscript Division
1907-01-09
Assistant Secretary of State Loomis believes that is it important to go over the evidence in the Bowen case and compare it carefully with the copy. Loomis would like to go over the final proof with someone who is handling the case and believes that nothing would be lost by holding it for a few weeks until he returns. Loomis asks William Loeb to speak to President Roosevelt about the matter if Loeb agrees.
Library of Congress Manuscript Division
1905-06-23
Similar to the land fraud prosecutions in Oregon and Montana, Benjamin H. Tallmadge, of the C. L. Tallmadge Southwestern Land Company, has been arrested on the charge of subornation of perjury. It is the first of many prosecutions that will be brought for alleged fraud in land entries and deals in New Mexico. Tallmadge maintains his innocence.
Library of Congress Manuscript Division
1905-06-24
Governor McDonald writes to President Roosevelt about a prisoner named C. C. Waggoner. McDonald is responding to Roosevelt’s letter inquiring about Waggoner. Waggoner is being held at the Colorado State Penitentiary and wishes a pardon for his crimes.
Library of Congress Manuscript Division
1905-01-05
The District of Columbia Board of Commissioners writes to President Roosevelt to discuss the enforcement of a “smoke-law” approved February 2, 1899, which intended to reduce the harmful emissions of power plants. Despite some legal setbacks, enforcement of the law has been generally successful, except in a handful of cases, including the Potomac Electric Power Company. Due to the “frequent and flagrant” violations of the plant, 66 prosecutions have been brought against it in court.
Library of Congress Manuscript Division
1905-01-05
Herbert H. D. Peirce provides a summary of some of the charges against Consul General John Goodnow.
Library of Congress Manuscript Division
1904-12-21
Attorney General Moody has decided to make no public comment on the Constitution’s applicability in Alaska until the case has been decided in the Supreme Court. Moody also suggests that President Roosevelt remove the topic from his upcoming speech.
Library of Congress Manuscript Division
1904-11-21
President Roosevelt stands with a big stick in his hand looking ahead to dishes that are running away. One is labeled, “Arrangement of Courts.” Behind him are several broken dishes, “Precedent No. 6–The president never leaves the United States,” “The president should not smile,” “The president should not bust trusts,” “Precedent No. 4–The president should not work hard,” “Precedent No. 10–The President sends few messages to Congress.”
Library of Congress Manuscript Division
1907-01-06
Judge Francis rules in favor of the Little Missouri Land and Stock Company which will retain the property in question, eleven mares.
1888-04-26