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Excerpt from “The Works of Hubert Howe Bancroft, Vol. XXXVI: Popular Tribunals, Vol. I”

Excerpt from “The Works of Hubert Howe Bancroft, Vol. XXXVI: Popular Tribunals, Vol. I”

Isaac W. Heysinger sends Theodore Roosevelt an excerpt from The Works of Hubert Howe Bancroft, Vol. XXXVI: Popular Tribunals, Vol. I describing a case of judicial recall that occurred in Oregon in 1852. The excerpt includes direct quotes from the book as well as portions summarized by Heysinger. The case involved the fight of two miners, Spenger and Sims, over the rights to a mining claim following an accident that left Sprenger crippled. After Justice Rogers ruled in favor of Sims, a popular tribunal was convened, reopening the case and charging Rogers with malfeasance. The people decided that Sprenger’s rights would be reinstated, and Rogers would have to resign.

Collection

Library of Congress Manuscript Division

Creation Date

1912-01-06

Memorandum on the Children’s Court of New York

Memorandum on the Children’s Court of New York

Memorandum listing major problems with the facilities and services of the Children’s Court of New York County. The building that currently houses the court is inadequate and even though money has been allocated for a new building, the Board of Aldermen has stalled any action. There is one probation officer for 10,000 cases, nineteen have been requested but the Board of Aldermen has not yet acted. The Big Brothers of America have had excellent results with delinquent boys, but it is funded by volunteers and donors.

Collection

Library of Congress Manuscript Division

Creation Date

1911-11-02

Bourne raps Wilson and Roosevelt

Bourne raps Wilson and Roosevelt

Jonathan Bourne expresses criticism towards Theodore Roosevelt and Woodrow Wilson over their disapproval of recalling elected judges. Roosevelt and Wilson fear if judges are able to be recalled, their opinions will be influenced by political interests, but Bourne argues that judges are already politically motivated to rule a certain way because of renominations and promotions. 

Collection

Library of Congress Manuscript Division

Creation Date

1911-06-05

Why the people should have power to recall judges

Why the people should have power to recall judges

Circumstances in Cincinnati, Ohio, provide an illustration why citizens should have the power to recall judges. Two judges have broken with precedent by intervening to prevent a political boss from being tried for perjury, serving the interests of the political parties over that of the citizens of their jurisdictions. If citizens could recall judges from office, they would be more likely to work in the interest of the people, rather than the political bosses.

Collection

Library of Congress Manuscript Division

Creation Date

1911-03-27

Letter from Theodore Roosevelt to Simeon E. Baldwin

Letter from Theodore Roosevelt to Simeon E. Baldwin

Theodore Roosevelt has finally received Judge Baldwin’s recent letter, and states that his own earlier letter to Baldwin was based on what he knew of the letter from it’s appearance in the press. Roosevelt also received a copy of Baldwin’s decision in the case of William H. Hoxie, who was injured while working at his railroad job, and illustrates the case which Roosevelt was thinking of and which he feels is retrogressive, and in no way progressive. Roosevelt thoroughly comments upon the case and the way in which he feels it is a miscarriage of justice.

Collection

Library of Congress Manuscript Division

Creation Date

1910-10

Letter from Theodore Roosevelt to Charles J. Bonaparte

Letter from Theodore Roosevelt to Charles J. Bonaparte

President Roosevelt congratulates Attorney General Charles J. Bonaparte for his speech at Chicago, which showed his fair enforcement of the law. His attackers use the press and their wealth to recruit powerful people, like college presidents and corrupt judges, to their side at the cost of the “plain people.” These attackers know that developments like the Hepburn Rate Law, the Sherman Anti-Trust Law, the Pure Food and Drug Act, and protections for workers have been effective against moneyed interests and criminals, but they are often lawyers or editors who answer to the corporations. The individual men to whom he refers are, however, merely puppets, and the true issue should be taken with the offenders who stand behind them and control enormous wealth. He and Bonaparte are not responsible for the economic panic, but are striving for the right “in the spirit of Abraham Lincoln.”

Collection

Library of Congress Manuscript Division

Creation Date

1907-12-23

Answers without looking

Answers without looking

Theodore Roosevelt recently responded to the open letter of Judge Simeon E. Baldwin, Democratic nominee for Governor of Connecticut, accusing Roosevelt of slander. In his speech, Roosevelt clarified his actual statement, which had been misquoted, and expanded upon his opinion that the statements of several judges, including Baldwin, regarding the unconstitutionality of enacting labor legislation limiting the hours of work was “a retrogressive attitude” and one which the Republican party opposed. While Roosevelt is sure that the judges holding these attitudes are honorable men, he strongly opposes their views.

Collection

Library of Congress Manuscript Division

Creation Date

1910-10-25

Sinbad and the old man of the sea

Sinbad and the old man of the sea

David B. Hill has an “I am a Democrat” feather and rides on Alton B. Parker’s shoulders as he walks from “Esopus” to the “White House.” Parker holds the “Constitution of the United States” while Hill has two papers—”Herrick for judge” and “Stanchfield for governor”—in his back pocket.

Collection

Library of Congress Manuscript Division

Creation Date

1904-09-04

The question solved: what to do with our ex-president

The question solved: what to do with our ex-president

President Roosevelt wears a mask and sits at a desk with Secret Service reports. On the wall are “Rogue’s Gallery no. 1–Members of Congress,” a “list of undesirable citizens–Harriman, Rockefeller, Foraker, Haskell, and Tilman,” and a March 1909 calendar. On the other wall is a sign–“Old Sleuth Hawkshaw & Co.: Private Investigations. Shadowing”–and some disguises, including “mollycoddle masks,” “Ananias masks,” “malefactors of great wealth,’ and a coat “for the frivolous judge disguise.” On the ground are “gum shoes” and a “Muck Rake” cat.

comments and context

Comments and Context

As President Roosevelt’s term drew to a close, many Democratic cartoonists who had routinely criticized him continued without abatement. Other partisans seized the opportunity to increase their level of bitterness and ridicule while he was on his way out.

Still cautious!!

Still cautious!!

Alton B. Parker faces two different ways. On one side, he stands up straight. On the other, he puts his hand to his head. Caption: “From the Judge is expected cautious deliberation; from the candidate, inspiration, energy, promptness and aggressive impulse.” —Advice from a Parker enthusiast.

Collection

Library of Congress Manuscript Division

Creation Date

1904-09-26

Letter from John Campbell Greenway to Theodore Roosevelt

Letter from John Campbell Greenway to Theodore Roosevelt

John Campbell Greenway is sending Theodore Roosevelt the book Life in Mexico. He has just returned from Great Britain and regrets not seeing Roosevelt while he was in New York. Greenway anticipates voting Democrat in the next election but is pleased that President Taft vetoed the Statehood Bill on account of the recall of judges.

Collection

Arizona Historical Society

Creation Date

1911-09-13

A new crime

A new crime

New York City Mayor Robert Anderson Van Wyck is a judge and Richard Croker is a policeman, holding a club labeled “Tammany,” bringing a man labeled “Reform” before the judge in a courtroom.

Collection

Library of Congress Prints and Photographs

Creation Date

1898-02-23

Justice’s “jimmy”

Justice’s “jimmy”

Print shows New York State Supreme Court justice Theodoric R. Westbrook wearing the white robe of Justice and his head mostly bound with cloth. The balance scale of justice sits at his feet, and he hands a crowbar, or “jimmy,” labeled “By Order of the Court,” to a masked man. Another man, in the background, is using a similar bar to pry open doors labeled “Broken, Assets, Stockholders Money, [and] Policy Holders Money.” Next to Westbrook is a container labeled “Court Orders” filled with crowbars. His left hand rests on a piece of paper that states “Supreme Court – Decisions by Everybody’s Friend – Westbrook.” Caption: How the receivers get at the assets of “busted” insurance companies.

Collection

Library of Congress Prints and Photographs

Creation Date

1882-05-24

“Puck” is not going to be left – he has a horse-show of his own

“Puck” is not going to be left – he has a horse-show of his own

Print shows the interior of a barn crowded with horses and even more trying to get in. On the left in the back, George M. Robeson, George F. Hoar, Rutherford B. Hayes, William Mahone, and Thomas Collier Platt are trying to enter; but Uncle Sam, holding a “Rejected” sign, stops them at the door. At center is Benjamin F. Butler leading a horse that looks like himself, followed by Puck’s “Independent” Party figure leading two horses identified as “Cleveland” and “Mayor Low.” Puck, holding a lithograph pencil and a sign that states “Supreme Judge,” is standing with newspaper editors Whitelaw Reid, Carl Schurz, James Gordon Bennett, Joseph Pulitzer, and Murat Halstead. Among the horses waiting in the barn are Chester A. Arthur “Present Holder of First Prize,” Samuel J. Tilden being groomed by Henry Watterson, Thomas Hendricks, Roscoe Conkling, James G. Blaine, Ulysses S. Grant, Winfield Scott Hancock, David Davis, John A. Logan, James D. Cameron(?), Hubert O. Thompson, George Hoadly, Samuel S. Cox, Allen G. Thurman, Thomas F. Bayard, Frederick Edson, Abram S. Hewitt, William S. Holman getting a “Sun Mixture” from Charles A. Dana, John Sherman, and John Kelly as a mule labeled “Tammany” with its owner the “Irish Vote.”

Collection

Library of Congress Prints and Photographs

Creation Date

1883-10-24

The kept judge

The kept judge

Two men, one labeled “Political Boss” and the other labeled “Special Privilege,” with copies of “Blank Injunctions” in his pocket, help a diminutive judge write a “Dictated Decision.” In the background, Justice is partially obscured by a note that states “Remember Thy Creator.” Caption: Does a protest against this type of justice assail “the integrity of the courts”?

Comments and Context

The reform impulses in American politics — finally coalescing in electoral reform, political revolts, Muckraking literature, regulatory action, and the growth of insurgents and progressives in both political parties — finally reached the courts by 1908.

Reformers, of course, had long been frustrated by the court system as a bastion of defense for trusts, special privilege, and corruption. The Sherman Anti-Trust Act (1890), for instance, largely was made toothless by the courts. Judges routinely upheld corporations and governments against labor protests, organizing, and boycotts. When the Supreme Court barely upheld the Theodore Roosevelt Administration’s dissolution of Northern Securities in early 1904, it was the first sign of possible cracks in the monolith that was a monopoly-beholden justice system.

Letter from Theodore Roosevelt to Anna Roosevelt Cowles

Letter from Theodore Roosevelt to Anna Roosevelt Cowles

Theodore Roosevelt has had breakfasts with Platt and Governor Odell, but does not think the events have been viewed as important by the judge, of whom Roosevelt does not think highly. Roosevelt also does not approve of President Wilson’s and Secretary of State Bryan’s relations with Germany.

Collection

Harvard College Library

Creation Date

1915-05-14