Page:The Green Bag (1889–1914), Volume 21.pdf/286

 The

Volume XXI

Green

Bag

June, 1909

Number 6

Mr. Justice Moody, Lately Attorney-General By George Whitelock, of the Baltimore Bar JUSTICE MOODY'S remarkably able opinion in the recent case of Twining v. New Jersey1 calls attention to the work of this jurist in the Supreme Court of the United States both as Attorney-General and as judge. The record is one of high efficiency, and pub lic importance. In ClyaU's case2, Mr. Moody sustained as Attorney-General the Congressional legislation against peonage, demonstra ting its constitutionality under the Thirteenth Amendment, which abolished slavery and established universal liberty. Still earlier, in Swift's case3, he ob tained a perpetual injunction for the Government against a powerful com bination of meat dealers controlling sixtenths of the trade in fresh meats between the states, and which threat ened to monopolize the business by a scheme so vast as to present for de cision a new problem in pleading. It is true that Judge Humphrey afterwards upheld, by his unpopular but accurate and courageous reading of the statute, the pleas of immunity which saved the beef packers from criminal conviction in Chicago, but Attorney- General Moody's ability in the prosecution which failed '211 U. S. 207, 78, December, 1908. •197 U. S. March, 1905. M96 U. S. 375, January, 1905.

was indisputable. Congress has since amended the law to conform with the interpretation for which he contended at the trial (Act June 30th, 1906). In Shipp's case4 he successfully re sisted as Attorney- General the release of persons charged with contempt of the United States Supreme Court for par ticipation in the murder of a prisoner sentenced to death by a state court in Tennessee. This prisoner was lynched while seeking a review of his conviction in the highest Court of the nation. Justice Moody's three-score opinions in the Supreme Court cover a wide range of subjects, federal and otherwise. They show an intellectual fearlessness of dis tinguished merit, and never descend to the level of mediocrity. The Justice's power of analysis, lucidity of statement and cogency of reasoning are impressive, while his style is terse and virile. The opinions abound in historic and legal illustrations, and carry a profound con viction of the author's industry, learn ing and acumen. Mr. Moody represented the United States in the important case of Kansas v. Colorado,5 which involved the irriga tion of arid lands from the Arkansas River within the boundaries of two '203 U. S. 562,May, December, s206 U. S. 46, 1907. 1906.