Evening star. [volume], April 06, 1937, Page A-6, Image 6

About Evening star. [volume] (Washington, D.C.) 1854-1972

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CAREER OF T. R."
GUIDEDBY ROOT
Adviser Close at Side of For
mer President Many.
Years.
The story of Elihu Root—the
lawyer, "whose lifelong client was
the United States,’’ who for more
than 40 years before his recent
death at the age of 92 was the
man behind American history—is
told here in a series of articles, of
which this is the first. The writer,
eminent as editor and author and
professor of international law at
Columbia University, had many
close contacts with Mr. Root, both
official and personal. The files of
the Root family have been placed
at his disposal for the preparation
of a definitive biography.
BY PHILIP C. JESSUP.
The resemblance between Franklin
D. Roosevelt and Theodore Roosevelt
is not wholly nominal nor is it con
fined to the coincidence that both
served in the Navy Department, the
New York governorship and the
White House. In the 1932 campaign
there were a number of instances—
like the use of the word "dee-lighted”
—which suggested that the later
Roosevelt was quite aware of the
political value of reminding people of
T. R.
Both men are marked by great
physical vitality, the magic power of
oratorical appeal to the people and
the cordial dislike of what is known
as "Wall Street." The one had his
"malefactors of good wealth,” the
other has his “economic royalists.”
Both expressed dissatisfaction—to put
it mildly—with the courts; both ad
vocated progressive social and labor
policies.
Perhaps their differences are even
more marked. One of these differ
ences is the fact that Theodore Roose
velt had at his side, during most of
his public career, Elihu Root. Root
was there in 1908 when a small group
of men, all close friends of T. R.,
I were gathered at lunch at the White
House. The Circuit Court of Appeals
in Chicago had just reversed Judge
Kenesaw Mountain Landis' fine of
*29,000,000 on the Standard Oil Co.
The President was furious at the re
| versal and. as was his wont, did not
keep his fury bottled up. With fist
| clinched in air and teeth glaring, he
cried: “Any judge who would hand
i down a decision like that is a-”
Root Prompted Roosevelt.
‘‘Just a minute, Mr. President,” Sec
retary of State Root's cold incisive
voice interrupted him. “I think you
were about to say that any judge who
handed down a decision like that
was a damned - - - -.
But being President of the United
| States you are not going to say that
about a Federal judge.”
T. R. glared for a moment in silence.
The clenched fist fell on the table:
“You’re right and I guess I won’t.”
But to Charles J. Bonaparte, he wrote
that two of the circuit judges were
“merely the ordinary type produced
by improper subserviency to corpo
rations.” And to William Allen White:
"There is altogether too much power
in the bench.” Incidentally, the
strong language would be Root's and
not Roosevelt's; when it came to
cussing, the latter was singularly mild.
No Elihu Root advised President
Frankiin D. Roosevelt when he framed
his message on the Supreme Court.
Theodore Roosevelt did not advocate
the popular recall of unpopular Judi
cial decisions—a doctrine which even
a progressive like Senator Borah de
nounced as "bosh"—until after he
had begun to drift away from Elihu
Root.
Theodore Roosevelt’s misconception
of the Judicial function was also ap
parent in 1903, when, under a treaty
with Great Britain, he appointed three
“impartial jurists of repute” to repre
sent the United States on the tri
bunal which was to decide upon the
contested Alaskan boundary with Can
ada. The British government had
appointed Chief Justice Alverstone
and two Judges of the Supreme Court
of Canada. The Canadians were
justly furious when Roosevelt appoint
ed Senator Henry Cabot Lodge, who
was making rabidly anglophobic
speeches, and ex-Senator Turner of
Washington, who had also declared
himself unequivocally on the merits
of the dispute. The third appointee
was Secretary of War Root, but to
him no objection was raised.
Instructed Three Jurists.
Sir Wilfred Laurier, the Canadian
premier, in the Parliament at Ottawa
commented rather vigorously on the
appointments. Roosevelt saw a news
paper account of the speech and in
hot haste wrote an instruction to his
three “impartial jurists,” explaining
in effect how they were to decide.
“You will, of course,” he wrote,
“impartially judge the questions that
come before you for decision,” but
"in the principle Involved (on the
chief American claims) there will, of
course, be no compromise." •
Root wrote back:
“In view of your dissent from the
positions publicly taken by Sir Al
fred Laurier, I shall refrain from
assuming the correctness of that gen
tleman's statements and opinion in
any consideration which I may give
to the Alaskan boundary subject in
advance of the arguments of counsel."
T. R. would not have missed the
point; he took from Root, usually
with delight, the keenest barbs of wit
and sarcasm. He once told a ques
tioner that Elihu Root was the most
valuable member of this cabinet be
cause “he is the only one who will
fight with me.”
It was while Root was on the ocean,
returning from Europe after the con
clusion of the Alaskan boundary tri
bunal’s work in London, that Roosevelt
“took Panamas.” It was a quick,
violent, Rooseveltian action, as to
which Root was not consulted.
"Roosevelt’s statement that he had
’taken’ Panama,” Mr. Root said later,
“was the kind of exaggeration that he
liked to make. He could have made
a perfectly sound technical presenta
tion of his case, but he had no pa
tience with that.”
Root’s Patience Inexhaustible.
Nothing could more clearly bring
out the different characters of the two
men: Roosevelt loved to exaggerate
and hated to be patient; Root’s store
of patience and far-sightedness was
never exhausted and he knew the
value of explanations even when they
had to be technical.
Root said of a choice which he
made very early in his career, when
it was a question of running for office
or practicing law, “I decided to be a
lawyer, first and all the time.” He
was, but he made an application of
his profession which not all lawyers
have imitated. By accepting McKln
ley’s Invitation to become Secretary of
War, he said, ‘‘I took the United
States for my client.” He kept that
client for the rest of his active life.
"What the people do not understand
about him,” Roosevelt told Oscar
Davis, "is that, if he were President,
they would be his clients."
In the Panama case. Root actually
agreed with Roosevelt, although, if
he had been in Washington at the
time, he might have suggested a sub
tler method of operation. There was
a storm of objection to Roosevelt’s
course. Some of the storm was, Mr.
Root remarked, an evidence of “the
very common practice of objecting so
that you will have an alibi if the thing
turns out wrong. How often I have
seen the Latin Americans dying of
eagerness to have something done
over their objection!”
The President, in a cabinet meet
ing, adverted to the criticism and
proceeded to defend his action.
“Well,” he demanded savagely, as he
concluded, "have I defended myself?
Have I answered the accusations?”
His eye fixed itself upon Secretary
Root, who replied cheerfully:
“You certainly have, Mr. President.
You have shown that you were ac
cused of seduction and you have con
clusively proved that you were guilty
of rape.”
Relations Began Early.
The relations of Root and Roose
velt go back to the very beginning of
the latter's political career. In 1881,
Theodore Roosevelt was a brash young
fellow of 23, just back from a honey
moon in England, armed with an as
sortment- of flashy waistcoats and a
broad "A.” Elihu Root was only 36,
but was already a prominent New
York attorney, handling big cases for
big clients, a friend of President Ar
thur, who, in the following year, ap
pointed him United States district
attorney in New York. Politics was
not at that time established as a so
cially desirable profession, and James
Roosevelt, Theodore's uncle, thought
it disgusting that a gentleman should
go into politics.
Root joined Joseph H. Coate, Judge
Noah Davis and other prominent citi
zens in signing the petition to nomi
nate Roosevelt for the New York
Assembly. Five years later, Root was
chairman of the Republican County
Committee and temporary chairman
of the Republican County Convention.
He had himslef been boomed for
Mayor of New York, but he threw the
weight of his position into obtaining
the nomination for Roosevelt. Prob
ably the stand which he and other
Union League Republicans took made
little difference, since “Boss" Platt
had already decided that Roosevelt
should be nominated, but Root again
appears as an influential party sup
porter of the fiery young Roosevelt.
Roosevelt fared badly in the cam
paign, trailing both the successful
candidate, Abram S. Hewitt, and the
single-taxer, Henry George, but, when
he returned to New York politics in
1895 as Mayor Strong's president of
the police board. Root was again at
his side. Root was a trusted legal
adviser of the Mayor, and as Roose
i velt became entangled in his rows
with the other police commisisoners,
it was Root who acted as his counsel.
Affection Was Paternal.
It was during this period, when
Root had just passed 50 and Roosevelt
was still in his middle 30s, that the
character of Root's attitude toward
his friend became fixed. There was
in Root's feeling of affection for
‘Theodore” much that was paternal;
he admired him, was amused by him,
chided him, loved him. In October,
1904, Just before T. R. was elected
to the presidency in his own right,
Root wrote to him in his usual ban
tering way: "I congratulate you on
attaining the respectable age of 46.
You have made a good start In life
and your friends have great hopes
for you when you grow up.”
In the Pall of 1898 Roosevelt was
slated for the Republican nomination
for Oovemor of New York. On the
eve of the‘State convention at Sara
toga the newspapers printed the re
sults of somebody’s quiet snooping in
the tax records. It appeared that, in
the preceding January Roosevelt had
made an affidavit that he was a resi
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dent of Washington, where he had
been acting as Assistant Secretary of
the Navy. Like many a taxpayer,
he felt that he was being overtaxed;
he had for a time a house In New
York City and he had a permanent
place at Oyster Bay. He was paying
taxes regularly, but his statements
as to residence were conflicting. Ac
cording to the constitution of New
York, the Governor must have been
a resident of the State for the pre
ceding five years. Roosevelt was
frightened, probably excessively so.
Root later described the situation:
“Roosevelt was a youngster. He didn’t
know much about business affairs.
He got caught in a little inconsistency
of an affidavit about his tax. Jack
Roosevelt, who was looking after his
affairs, had made the affidavit as
strong as he could, and it was open
to a possible, but not a natural, in
terpretation which would have dis
qualified Roosevelt for the governor
ship. I went all over It and came to
the conclusion that it was all right.
It was a question of using the word
‘residence’ in one of several senses.
I went up to Stockbrldge to get Choate
to come in on it and Choate wouldn’t
do It, but said to me: ‘I don't see
anything for it, Root, but for you to
go up to the convention and jump it
on them.’ So I went.”
Root Eliminated Danger.
He made a masterly technical ex
position before the convention and
won his case; the convention nomi
nated Roosevelt. Roosevelt was grate
ful with all the warmth of his exuber
ant nature, which had exaggerated the
danger and therefore exaggerated the
importance of his escape from it.
Assuming that it was a rea. danger,
there is no question that Root alone
eliminated it.
On January 27, 1899, shortly after
his Inauguration, Oov. Theodore
Roosevelt received a shock. As he ar
rived at his office, he noted an at
mosphere of gloom. In came his
private secretary with an expression
which combined bewilderment, anxiety
and indignation. He sent the stenog
rapher out of the room, closed the door
and laid before the Governor the fol
lowing letter;
Sir; In view of the inclosed article I
must decline your further acquaint
ance. Vours truly, E. ROOT.
The inclc*ure was a newspaper clip
ping with a far-fetched attack on
Roosevelt. After ‘‘a moment's awful
calm,” Roosevelt wrote to Root, he re
alized it was a Rootian jest; he was
later to become familiar with them
and to derive constant joy from them,
but this was his first experience. As
President, he would grin with delight
when Secretary of State Root returned
to him a draft message submitted for
comment with a sprawling blue-pen
ciled enfacement—"rottenl” When
he sent word to Root that he felt very
strongly about the foreign diplomats
addressing him as “Excellency” and
would Root please see that they did
not do It, the first member of the
cabinet wrote back: “Why not soak
the foreign gent one when he does it?”
Root Gave Primary Law Advice.
Just a few days before the abrupt
note which frightened the Governor’s
stair, Root had advised him on the
subject of a new primary law. and
Roosevelt had replied: “I cannot
thank you enough, old man, for the
literally invaluable aid you are giving
me.”
Root, attorney for Thomas Fortune
Ryan and others with interests in the
New York street railways, opposed
Roosevelt’s attempt to tax the
franchises. Yet Roosevelt rather
chided him for leaning over backward
in not urging upon him the interests
of his clients in various matters while
others were bombarding him with
their own Interests. He apparently
took it for granted that Root was dis
gruntled about the franchise tax
matter, but such was far from being
he case. Root kept his law practice
and his clients’ interests wholly sepa
rate and apart from his duties as a
citizen.
"To be a lawyer working ror lees is
not to be any the lees a citizen whose
unbought service is due to his com
munity and his country with his best
and constant effort,” Root told the
students at Yale in 1904.
Some years later Root argued
against the constitutionality of this
franchise tax law in the United 6tates
Supreme Court. The court decided
against him—“Quite properly,” he said
later. "Roosevelt never could see that
a lawyer could argue a case under a
law whicji gave his clients rights and
not be responsible for the policy of
the law. Of course, you can’t deprive
a client of his rights under the law
just because you think the law ought
to be repealed. When a lawyer is in
a case he is looking out for his
client's rights, and if they rest on
statute he is bound to give him the
benefit of them and he isn’t think
ing of the policy of the statute.
When a court decides a case it has
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to decide on the record before It.
I never could make Roosevelt eee
that.”
(Copyright, 1937, by the North Americas
Newspaper Alliance Inc.)
Greenbelt
(Continued From First Page.)
regulate the class of tenants in the
communtly and to pass upon their
acceptability. The authority like
wise would receive all rents paid by
tenants.
The authority, which would be
composed of nine persons designed
under the bill, would have nothing
to do, however, with management of
the municipal corporation set up
under the second bill, its functions
being entirely separate and distinct.
The Mayor and Council provided
for in the second bill would be cloaked
with all ordinary municipal powers.
The municipality also would have a
city manager, who would have the
authorities usually extended to such
officials.
• Members of Authority.
Members of the authority would be:
Chairman of the Prince Georges
County commissioners.
Chairman of the Maryland-Na
tional Capital Park and Planning
Commission.
Chairman of the Washington Sub
urban Sanitary Commission.
The member of the Park and
Planning Commission from Prince
Georges County other than the chair
men of the Washington Suburban
Sanitary and Park and Planning
Commissions.
The president of the University of
Maryland.
Mayor of Greenbelt.
One resident of Prince Georges, se
lected by the county commissioners.
One resident of Greenbelt, to be
chosen at the first town meeting.
One person to be designed by "the
Federal agency administering the
Interests of the United 8tates In the
property, title, control or administra
tion of which is vested in the Green
belt Housing Authority.”
Adapted as Amendment.
The first six members would be ex
officio members and serve only while
they hold the positions designated in
the measure.
The housing measure was adopted
by amendment in the Senate of a
House bill which originally dealt with
the sale of fireworks in Prince Georges
County.
The latter was lying dormant in a
Senate committee, and the housing
proposal was inserted after striking
out all of the text of the fireworks
measure as first drawn.
Many manufacturers in Mexico are
planning to enlarge their plants.
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SHLOSS RITES HELD
Funeral services for Mrs. Mary M.
Shloss, 58, of 1926 Calvert street, who
was fatally injured Saturday when
struck by a street car at Eighteenth
street and Columbia road, were held
yesterday in Hines' funeral home,
2901 Fourteenth street. Burial was to
be in National Park Cemetery.
Mrs. Shloss was the mother of
Leon W. Shloss, International New*
Service correspondent. A native of
Butler, Pa., she had been a resident
of this city since 1918.
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