Your TR Source
President Roosevelt thanks Judge Munger for his letter and opinion. Certain judges’ reckless use of the injunctive process concerns him. Roosevelt believes the injunctive process is necessary and the most important court function when used correctly. He sought Munger’s opinion as a guide when dealing with the matter.
Library of Congress Manuscript Division
1907-11-16
President Roosevelt does not suspect Judge Bartlett of working against him. Roosevelt is concerned that New York judges interpret the law in ways that limit social and industrial reform. He has always liked Bartlett, but wonders if he believes in interpreting the Constitution so that it might help help bring justice to the common people. Roosevelt understands that many other Republicans do not agree with him, but wants to give Bartlett an idea of how he believes a judge should approach the law.
Library of Congress Manuscript Division
1907-10-02
President Roosevelt has discussed the proposed Constitutional amendment with Nebraska Governor George L. Sheldon, who explained why Republicans in his state had given it their support. Roosevelt agrees that federal judges often abuse the injunctive process and suggests he and Senator Burkett might find some way to reform it.
Library of Congress Manuscript Division
1907-10-04
President Roosevelt commends United States Circuit Court Judge Henry G. Ward. If other judges acted as he did, it would be easier to convince labor to trust the judiciary as their friend.
Library of Congress Manuscript Division
1907-06-28
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.
Library of Congress Manuscript Division
1906-05-14
President Roosevelt tells Otto Gresham that he believes the recent decision in the beef trust court case to be bad law, and that “from the moral and social standpoint it was a blow to righteousness in the community.” Roosevelt believes Commissioner of Corporations James Rudolph Garfield and Attorney General William H. Moody acted well throughout the trial.
Library of Congress Manuscript Division
1906-03-29
President Roosevelt informs Secretary of the Interior Hitchcock that Secretary of the Treasury Leslie M. Shaw requests that Asmus Boysen be allowed to inspect the land where he pleases. The government can contest his right to select land outside of his lease when he files his selection.
Library of Congress Manuscript Division
1905-10-21
President Roosevelt plans to discuss government interference in elections in his message to Congress. He believes the federal government can “undoubtedly” interfere about representatives but it is less clear whether the federal government can interfere about presidential electors as court decisions are on both sides.
Library of Congress Manuscript Division
1904-11-17
President Roosevelt assures Senator Proctor that Converse J. Smith will have his case thoroughly heard. Roosevelt will treat Proctor’s letter as an application for reinstatement and see that a hearing is scheduled as soon as possible.
Library of Congress Manuscript Division
1904-09-27
President Roosevelt looks forward to seeing Robert Metzger after the election and will carefully consider Metzger’s thoughts on the judgeship.
Library of Congress Manuscript Division
1902-06-23
President Roosevelt asks Judge Jones for advice about the judgement of a personal friend. He believes the boy should serve three months and then “purchase his discharge.” Roosevelt knows he must remember to treat the case as if a close friend “of high social standing” was not involved.
Library of Congress Manuscript Division
1901-12-30
Lewis M. Hosea introduces himself to Theodore Roosevelt as the Commander of the Loyal Legion, who called on him during William McKinley’s funeral. He appreciates Roosevelt’s good work exposing the “true nature of the evils in our administrative system.” However, he disagrees with Roosevelt’s criticism of the courts and discusses why.
Library of Congress Manuscript Division
1911-11-11
W. P. Dewey is interested in Theodore Roosevelt’s position on the conduct of courts and judges. He recently became aware of the issue concerning receiverships and reorganizing corporations through receiverships resulting from court actions. Dewey believes in the need for an investigation into the matter and proposes Roosevelt carry it out.
James Rudolph Garfield is sorry he could not wait to see Theodore Roosevelt in New York, as he had to leave for a business trip. He was glad to hear about Edith Kermit Carow Roosevelt’s improvement from Frank Harper. Garfield wants Roosevelt’s opinion on the action against the United States Steel Corporation, as he heard nothing that made him suspect Elbert H. Gary deceived them. The case illustrates the difference between destructive litigation and constructive legislation. He feels that the government’s current position is destructive to legitimate business and comments on the role of courts.
Library of Congress Manuscript Division
1911-10-27
Louis Starr encloses a copy of an article he believes will interest Theodore Roosevelt. He also expresses admiration for Roosevelt’s achievements, especially those pertaining to the improvements of laws and the courts.
Library of Congress Manuscript Division
1911-07-17
Charles H. Betts was glad to receive Theodore Roosevelt’s letter to him regarding a recent judicial decision, but finds himself unable to agree with Roosevelt’s ideas of judicial recall. Betts outlines his thoughts on the topic, and explains why he must disagree with Roosevelt.
Library of Congress Manuscript Division
1911-07-10
Judge Thomas Goode Jones acknowledges receipt of Theodore Roosevelt’s letter, but disputes the statements that former Alabama Governor B. B. Comer made to Roosevelt regarding a controversy of several years ago.
Library of Congress Manuscript Division
1911-06-30
Charles H. Betts responds to Theodore Roosevelt’s recent articles in The Outlook, agreeing with his piece entitled “Murder is Murder” while heartily disagreeing with article from May 13th attacking the decision of the Court of Appeals. He remarks that, “if the time ever comes when the courts of this country interpret the laws in harmony with ignorant public sentiment, fanned into flame by uninformed and ignorant yellow journals, it will be a sad day for this Republic,” as anarchy and unnecessary revolution would overtake the United States.
Library of Congress Manuscript Division
1911-05-26
Herbert A. Drake supports everything Theodore Roosevelt had done in his presidential campaign except advocating for Senator Henry Cabot Lodge’s re-election. Having read Woodrow Wilson’s Constitutional Government in the United States, Drake was surprised by its “covert radicalism under the guise of conservatism.”
Library of Congress Manuscript Division
1911-04-29
William W. Morrow sends Theodore Roosevelt a copy of the Green Bag, as it contains Elihu Root’s January address to the New York State Bar Association on the reform of procedure. He discusses the numerous codes of civil procedure and how they influence the courts.
Library of Congress Manuscript Division
1911-04-01