New York (State). Court of Appeals

The Washington industrial insurance law held constitutional

The New York Law Journal reports the Supreme Court of Washington has decided the Industrial Insurance Law is constitutional and enforceable. The law is similar to the case in New York which held the Workmen’s Compensation Act to be unconstitutional. The part of the article quoting the Washington court’s opinion which alludes to the New York court’s decision has been highlighted. The rest of the newspaper page reports on court notices and wanted ads.

Collection

Library of Congress Manuscript Division

Creation Date

1911-11-09

Creator(s)

Unknown

Letter from William Barnes to William Loeb

William Barnes, Chairman of the Executive Committee of the New York Republican Party, is sorry to hear that there have been protests against the appointment of G. Howard Davison as Assistant Secretary of Agriculture. Judges Edgar M. Cullen and William E. Werner are the likely nominees for the New York Court of Appeals which will “shut out” John Thomas McDonough. Barnes would like President Roosevelt informed of this situation.

Collection

Library of Congress Manuscript Division

Creation Date

1904-08-08

Creator(s)

Barnes, William, 1866-1930

Letter from Theodore Roosevelt to Charles S. Mellen

President Roosevelt tells Charles S. Mellen in confidence that he may appoint Judge Walter Chadwick Noyes for the circuit court judge position in Connecticut, even though he has a higher opinion of lawyer John K. Beach. Judges, Roosevelt believes, especially federal judges, should be “the judge for everyone.” They should be able to sympathize with the labor faction and capitalists alike. Unfortunately the judges in New York do not understand the labor side. Roosevelt hopes to meet Noyes soon and see if he holds these qualities.

Collection

Library of Congress Manuscript Division

Creation Date

1907-08-31

Creator(s)

Roosevelt, Theodore, 1858-1919

Letter from Theodore Roosevelt to Charles H. Betts

Theodore Roosevelt writes to Charles H. Betts of the Lyons Republican to defend his views of the recent actions of the Court of Appeals of New York as expressed in his article in The Outlook, “that it was a most flagrant and wanton abuse of a great power,” and, if continued, would lead to revolution.

Collection

Library of Congress Manuscript Division

Creation Date

1911-05-30

Creator(s)

Roosevelt, Theodore, 1858-1919

Letter from Theodore Roosevelt to Leon C. Sutton

Theodore Roosevelt writes Leon C. Sutton that he stands with constructive labor unions, and hopes to pass a workers’ compensation act, secure living wages, and arrange some kind of profit sharing. Roosevelt also writes that he hopes the United States Supreme Court will overturn “the recent unhappy decision” of the New York State Court of Appeals.

Collection

Library of Congress Manuscript Division

Creation Date

1911-05-25

Creator(s)

Roosevelt, Theodore, 1858-1919

Letter from Secretary of Theodore Roosevelt to Paul Underwood Kellogg

Theodore Roosevelt’s secretary explains to Paul Underwood Kellogg that, due to all of the work Roosevelt has to catch up on after his trip to the West, he has not yet had an opportunity to reply to Kellogg’s letter of April 5 concerning the decision of the New York Court of Appeals. Roosevelt may indeed write an article similar to the one Kellogg suggested, and Roosevelt’s secretary recommends that Kellogg write to William Bailey Howland at The Outlook to see if he might obtain an advance copy.

Collection

Library of Congress Manuscript Division

Creation Date

1911-04-29

Creator(s)

Secretary of Theodore Roosevelt

Letter from Theodore Roosevelt to Herbert Parsons

President Roosevelt does not wish to interfere in New York State judicial politics, but feels the New York State Court of Appeals has been unwise in its treatment of laborers and could benefit from the addition of judges who interpret the law broadly and use it to protect working class people. Roosevelt fears there will be dangerous consequences if corporations continue to control the court, and he does not want the tabloid press to use this opportunity to paint themselves as “champion of the plain man.”

Collection

Library of Congress Manuscript Division

Creation Date

1907-09-28

Creator(s)

Roosevelt, Theodore, 1858-1919

Letter from Theodore Roosevelt to Frederick Morgan Davenport

President Roosevelt appreciates Professor Davenport’s article in The Outlook. Roosevelt believes that he has dealt fairly with labor unions, although sometimes he has acted to keep them in check.

Collection

Library of Congress Manuscript Division

Creation Date

1907-07-13

Creator(s)

Roosevelt, Theodore, 1858-1919

Letter from John Burke to Theodore Roosevelt

Governor Burke clarifies his reasoning for sending Theodore Roosevelt his speech regarding a decision by the New York Court of Appeals.

Collection

Library of Congress Manuscript Division

Creation Date

1912-01-29

Creator(s)

Burke, John, 1859-1937

Letter from John Burke to Theodore Roosevelt

Governor Burke is sending the text of a speech he delivered before the Iowa Bar Association regarding the New York Court of Appeals decision that held the Employers’ Liability and Workingmen’s Compensation Act to be unconstitutional. He requests Theodore Roosevelt’s opinion of the speech.

Collection

Library of Congress Manuscript Division

Creation Date

1912-01-20

Creator(s)

Burke, John, 1859-1937

Letter from Walter Chadwick Noyes to Theodore Roosevelt

Judge Noyes enjoyed Theodore Roosevelt’s editorial about the recent worker’s compensation case in New York, and regrets that the New York Court of Appeals does not share the same view.

Collection

Library of Congress Manuscript Division

Creation Date

1911-05-17

Creator(s)

Noyes, Walter Chadwick, 1865-1926

Letter from Timothy L. Woodruff to William Loeb

Timothy L. Woodruff explains his desire to meet with President Roosevelt about political matters in New York. Woodruff is particularly concerned about the nomination of judges to the New York State Court of Appeals. He does not intend to discuss reapportionment.

Collection

Library of Congress Manuscript Division

Creation Date

1907-06-25

Creator(s)

Woodruff, Timothy L. (Timothy Lester), 1858-1913

M’Donough’s resignation

John Thomas McDonough has resigned from the Supreme Court of the Philippines. It is rumored that President Roosevelt wants McDonough on the New York state ticket due to his labor connections. McDonough will be seeking the office of Associate Judge of the Court of Appeals.

Collection

Library of Congress Manuscript Division

Creation Date

1904-06-07

Creator(s)

Unknown

Jno. T. M’Donough coming home

John Thomas McDonough has resigned his position as Justice of the Supreme Court of the Philippines and is returning to the United States. It has been reported that McDonough, with the support of President Roosevelt, is seeking the Republican nomination for Associate Judge of the New York Court of Appeals.

Collection

Library of Congress Manuscript Division

Creation Date

1904-06-07

Creator(s)

Unknown

Letter from Theodore Roosevelt to Amasa Pierce Thornton

Theodore Roosevelt refutes Amasa Pierce Thornton’s statement that Roosevelt’s platform is “abandoning civilization” by explaining that all of his proposals for judicial review were made in favor of obtaining justice for the “plain people” of the United States. He writes that he would have gladly supported someone else who made a similar, practical proposal that would allow the people to review the decisions of the New York Court of Appeals regarding the Workman’s Compensation Act, the Bake Shop Case, the prevention of child labor or over-working of women, and the elimination of the sweatshop. Roosevelt ends his argument by stating that the U.S. is the only civilized country in the world where courts are able to review acts passed by the legislature and that Thornton should call Canada and countries in Europe and the Pacific uncivilized if he really believes Roosevelt is in the wrong.

Collection

Library of Congress Manuscript Division

Creation Date

1912-06-10

Creator(s)

Roosevelt, Theodore, 1858-1919

Letter from Thomas Collier Platt to Theodore Roosevelt

Senator Platt tells President Roosevelt he has no doubt that Denis O’Brien will be nominated for Judge to the Court of Appeals in autumn.

Collection

Library of Congress Manuscript Division

Creation Date

1903-06-26

Creator(s)

Platt, Thomas Collier, 1833-1910

Letter from John Clay Davies to Theodore Roosevelt

John Clay Davies encloses the opinions from the Court of Appeals in the American Ice Company case. He believes the case affirms President Roosevelt’s stance on the trust issue. Davies lauds Roosevelt’s efforts to establish the Republican Party in the South.

Collection

Library of Congress Manuscript Division

Creation Date

1901-11-01

Creator(s)

Davies, John Clay, 1857-1925

Letter from Celora E. Martin to Theodore Roosevelt

In response to a previous request from Governor Roosevelt, Celora E. Martin provides his opinion on who should be appointed to the judicial position previously held by Judge Follett. In a situation he deems “not without its embarrassments,” Martin covers the pros and cons of each judge in his district and recommends Judge Walter Lloyd Smith as the only viable candidate. He feels that either Smith ought to be appointed or a judge be selected from some other district. The position is Associate Justice of the Appellate Division, 4th Department.

Collection

Library of Congress Manuscript Division

Creation Date

1899-08-03

Creator(s)

Martin, Celora E. (Celora Eaton), 1834-1909