United States. Supreme Court

Letter from Milton Dwight Purdy to Charles J. Bonaparte

Milton Dwight Purdy, assistant to the Attorney General, submits his views regarding the imperfections in the Sherman Act to Attorney General Bonaparte after a discussion with President Roosevelt earlier in the week. Rather than try to formulate new legislation, Purdy has summarized the problems with the existing antitrust laws in order to make clear the issues that need to be addressed by Congress. Purdy details the many problems with enforcing the Sherman Act, particularly that it prevents all trusts whether they be good or bad, and that the time required to win cases under the law dilutes any remedies won.

Collection

Library of Congress Manuscript Division

Creation Date

1907-11-04

Letter from Albert J. Beveridge to Theodore Roosevelt

Senator Beveridge writes to follow up on an earlier conversation with President Roosevelt about the constitutionality of the Child Labor Bill. The jurisprudence is unambiguous in demonstrating that Congress may regulate all matters relating to interstate commerce. Beveridge also notes that many initiatives by the states to solve this issue have been ineffective, citing several examples. He has also seen the popular sentiment stirred up by the long campaign against child labor, and believes this bill is an example of good governance.

Collection

Library of Congress Manuscript Division

Creation Date

1907-10-22

Letter from John R. Arbuckle to Theodore Roosevelt

John R. Arbuckle of Arbuckle Brothers Coffee provides President Roosevelt with complimentary coffee through a prepaid express receipt. Arbuckle discloses a conversation he had with a Supreme Court judge, where they agreed that Roosevelt has acted for the good of the entire country, and is the ablest and most intelligent man to have been president.

Collection

Library of Congress Manuscript Division

Creation Date

1907-07-05

Letter from Clifford Howard to Theodore Roosevelt

Clifford Howard argues that attitude of labor organizations in regard to the the Charles H. Moyer, Big Bill Haywood, and George A. Pettibone murder trial is due to the Supreme Court’s practice of issuing divided opinions. Justice J. MicKenna’s dissenting opinion provides the basis for the claims labor agitators and anarchists make for interference.

Collection

Library of Congress Manuscript Division

Creation Date

1907-04-25

Letter from William H. Fleming to Theodore Roosevelt

Attorney William H. Fleming appreciates President Theodore Roosevelt’s suggestion that the appointment of a commission would be most palatable if it comes from “some high class southern senator or congressman.” Fleming suggests Senator Alexander Stephens Clay, Congressman Clark Howell, or Congressman William Gordon Brantley for the task. Fleming commends Roosevelt’s caution in the matter and agrees to discuss it with him before the meeting of Congress. Fleming encloses an editorial he wrote about race hatred in Georgia that rebuts the claims of Hoke Smith and Congressman Thomas William Hardwick and discusses the disenfranchisement situation in Alabama.

Collection

Library of Congress Manuscript Division

Creation Date

1906-11-09

Letter from William H. Moody to Theodore Roosevelt

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

Letter from Frederic Jesup Stimson to Theodore Roosevelt

Frederic Jesup Stimson informs President Roosevelt that all the men at Harvard College with whom he has conferred agree that Roosevelt’s son Theodore Roosevelt, has behaved well. Stimson thinks that District Attorney John B. Moran dragging his son before a grand jury is a political stunt. Stimson plans to vote the straight Republican ticket. He also commends Roosevelt, Secretary of War William H. Taft, and Attorney General William H. Moody for the work they have been doing. Stimson regrets missing Moody in Boston, and thinks it is too bad that Moody cannot become a Supreme Court justice.

Collection

Library of Congress Manuscript Division

Creation Date

1906-10-04

Letter from Henry Cabot Lodge to Stephen Minot Weld

Senator Lodge writes to Stephen Minot Weld about rumors of an inheritance tax being proposed. Lodge points out that the country has a budget surplus and is not in need of raising money, but says that he finds inheritance tax to be one valid method of raising funds for civilized nations. Lodge thinks rich men should pay tax upon their property to even the burden. Public ownership of property, for which William Jennings Bryan, John B. Moran, and others are calling, verges on socialism and could cause disaster. Lodge is confident in President Roosevelt’s stand against government ownership.

Collection

Library of Congress Manuscript Division

Creation Date

1906-10-09

Letter from Henry Cabot Lodge to Theodore Roosevelt

Senator Lodge is glad to hear of Judge Horace H. Lurton’s opinions; Lodge is most concerned at present with the difference between nationalists and separatists. Lodge would like to see a judge on the bench who holds the views of Alexander Hamilton and John Marshall not Thomas Jefferson and John C. Calhoun. He would someday like to see Attorney General Moody in the Supreme Court. Lodge closes with a discussion of his anxiety regarding the campaign in Maine.

Collection

Library of Congress Manuscript Division

Creation Date

1906-09-10

Letter from William H. Taft to William H. Moody

Secretary of War Taft tells Attorney General Moody that he believes Judge Horace H. Lurton is the best man for the vacancy on the Supreme Court and would ensure greatest public approval. Taft also believes Supreme Court Justice Harlan is going to retire, creating another vacancy. (Moody would actually be appointed for the first vacancy in late 1906, and Lurton would be appointed to the Court in 1909 by Taft who was then President.)

Collection

Library of Congress Manuscript Division

Creation Date

1906-08-30

Letter from Henry Cabot Lodge to Theodore Roosevelt

Henry Cabot Lodge spoke with Attorney General Moody about the platform he is preparing for the Republican State Convention. During their conversation, Lodge learned that President Roosevelt is thinking about appointing Democratic Judge Horace H. Lurton to the Supreme Court. Lodge has strong feelings that the Republican Party should only appoint Republican judges. As a Hamiltonian in his beliefs on the Constitution, he worries about appointing a “strict constructionist who inherits the separatist tradition.” Lodge concludes with some comments about William Jennings Bryan, the beef trust, and “the silver question,” also called bimetallism.

Collection

Library of Congress Manuscript Division

Creation Date

1906-09-01

Letter from Lucien Hugh Alexander to Theodore Roosevelt

Lucien Hugh Alexander lets Theodore Roosevelt know that the legal ethics report was well received and his recommendation was unanimously adopted by the American Bar Association. Alexander also addresses the conflict between Roosevelt and Mr. Porter, which Alexander believes stems from a “gross misunderstanding” that should be resolved. Alexander points out that with Chief Justice Fuller’s retirement, Roosevelt could have the opportunity to appoint a new Chief Justice, which provides even more impetus for Roosevelt to mend ties with Porter. Alexander will write Roosevelt soon concerning a matter relating to “the great James Wilson.”

Collection

Library of Congress Manuscript Division

Creation Date

1906-09-04

Letter from William H. Moody to William H. Taft

Attorney General Moody received Secretary of War Taft’s letter forwarding one from Governor Edward Wallis Hoch regarding the appointment of Judge J. T. Dickerson to the District Court. Moody thinks President Roosevelt will not take this matter up until at or before statehood is consummated. Moody further offers Taft a few considerations regarding the appointment of a judge to the United States Supreme Court to fill Judge Henry Billings Brown’s vacancy.

Collection

Library of Congress Manuscript Division

Creation Date

1906-08-27

Letter from William H. Taft to Theodore Roosevelt

Secretary of War Taft agrees with President Roosevelt’s decision to appoint John Marshall Harlan. Taft then analyzes the political considerations in making the appointment of the Supreme Court justice who will succeed Henry Billings Brown. Taft also expresses concern about Chief Engineer of the Panama Canal John F. Stevens’s inability to answer the charges of Poultney Bigelow’s article in The Cosmopolitan, even if the charges have no foundation. In addition, Taft notifies Roosevelt that he tried to get Major George W. Goethals, an army engineer, to be Secretary of the Board to live on the Isthmus of Panama, but the presence of Secretary of the Isthmian Canal Commission Joseph Bucklin Bishop prevents it. Taft recognizes that Congressman Julius C. Burrows is “indignant” about Taft’s involvement in the appointment of District Judge in the Western District of Michigan, but Taft does not think Burrows is justified.

Collection

Library of Congress Manuscript Division

Creation Date

1906-08-21

Letter from William H. Taft to Theodore Roosevelt

Secretary of War Taft responds to President Roosevelt’s offer to appoint him to the Supreme Court as a replacement for Justice Henry Billings Brown. While Taft sincerely wishes to accept, he believes he should stay as the head of the War Department for the time being, given the situation in Panama and in the Philippines. He addresses several issues, including an ongoing investigation into possible misconduct in the War Department. He summarizes the great progress that has been made in the Philippines, as well as some of the challenges that remain. Taft feels responsible for these issues and thinks he would be able to help push through measures in the next session of Congress that would benefit the Filipinos. Given his reluctance, Taft proceeds to give his opinion on other potential candidates to the Supreme Court. He favors the appointment of Horace H. Lurton over William H. Moody.

Collection

Library of Congress Manuscript Division

Creation Date

1906-07-30

Letter from John Marshall Harlan to Theodore Roosevelt

Supreme Court Justice Harlan is surprised that President Roosevelt has been having trouble appointing his son, James Shanklin Harlan, to the Interstate Commerce Commission because of his familial connection. Such objections if followed, Harlan points out, would preclude any family member of a Justice from being appointed to any sort of federal or state judgeship. Harlan feels that Supreme Court Justices recognize the weight of their office and would be able to impartially judge the actions of family members, and moreover act as one of a group, which would not allow them to act unilaterally in any case.

Collection

Library of Congress Manuscript Division

Creation Date

1906-07-05

Letter from Alfred Spring to Theodore Roosevelt

Judge Spring writes to President Roosevelt on the situation in New York. According to Spring, the administration of Governor Higgins has been good and free of taint. Spring details “factional quarrels,” happening in New York and hopes that Roosevelt can persuade Warren to put an end to it. Spring worries that the quarrel could add to Democratic strength in New York. He also discusses Roosevelt’s appointment of a successor to Justice Brown for the United States Supreme Court.

Collection

Library of Congress Manuscript Division

Creation Date

1906-07-06

Justice Brewer raps Roosevelt

An article in The Sun reports on an event at Carnegie Hall featuring Supreme Court Justice David J. Brewer and New York Governor Charles Evans Hughes as speakers. While Hughes briefly spoke on public officials’ duty being towards the people rather than their own ambitions, Brewer caused a stir by harshly criticizing President Theodore Roosevelt’s time in office, demanding that he not be given a third term, and calling Hughes a superior politician.

Collection

Library of Congress Manuscript Division

Creation Date

1907-11-21

Letter from Brooks Adams to Theodore Roosevelt

Brooks Adams writes to President Roosevelt providing his interpretation of the action the Supreme Court will take regarding the Allison Amendment and the Hepburn Act. He believes that if William H. Taft is on the bench, the Supreme Court will give the act a liberal construction.

Collection

Library of Congress Manuscript Division

Creation Date

1906-05-05

Letter from Wayne MacVeagh to Theodore Roosevelt

Wayne MacVeagh writes to President Roosevelt that he hopes Roosevelt was able to find “the act of Congress and its affirmance by the Supreme Court.” It was accepted quietly and approved, hardly a “violent form of anarchy.” Although not well-drafted, MacVeagh believes the idea is there. A few weeks after Roosevelt’s speech on graduated inheritance taxes, H. H. Asquith, Chancellor of the Exchequer of the United Kingdom, announced support to begin graduated income taxes, after experiencing success with inheritance taxes since 1894.

Collection

Library of Congress Manuscript Division

Creation Date

1906-05-09