William H. Taft Appoints a Federal Judge in his Home

William H. Taft Appoints a Federal Judge in his Home State of Ohio

A 1p typed letter signed by sitting 27th U.S. President William H. Taft (1857-1930) as "Wm H Taft" at center. Written on "The White House / Washington" bifold stationery on April 2, 1910. The signature is large but slightly faded. The inner pages are blank. Expected paper folds and isolated foxing, else near fine. 7" x 8.75." Accompanied by its original "The White House" transmittal envelope. The envelope bears a canceled stamp and is postmarked. Neatly letter-opened at top, with weathering, and pencil-inscribed verso.

President Taft wrote Theodore W. Brake, a concerned citizen of Toledo, Ohio, in part: "I have your letter of March 31st protesting against the appointment of Alexander L. Smith to the office of Federal Judge of the Northern District of Ohio, and what you say has been noted…"

Theodore W. Brake was just one of thousands who protested the judicial appointment of Alexander L. Smith in March 1910. The protestors' main contention was that Smith was unfit for a judgeship because he had a track record of defending corporate interests. Smith had served as general counsel for the Ann Arbor Railroad Company since at least March 1893; indeed, he would remain its General Solicitor up through the 1910s. Ann Arbor Railroad Company lawsuits were generally filed against striking or boycotting railroad engineers, firemen, and workers.

Interestingly, Taft had been the presiding judge during the March 1893 Ann Arbor Railroad Company lawsuit, where Smith had represented the plaintiff. Taft served as a Judge of the United States Court of Appeals for the Sixth Circuit between 1892-1900.

After President Taft's nomination of Alexander L. Smith nearly twenty years later, in 1910, 25,000 Ohio railroad workers and 200,000 members of the Ohio Federation of Labor denounced his appointment and brooked their opposition [see attached newspaper clippings from the March 25, 1910 issue of "The Wilkes-Barre Record" (Wilkes-Barre, Pennsylvania) and the March 26, 1910 issue of "The Courier-Journal" (Louisville, Kentucky) included for reference.]

Theodore W. Brake (born 1847) was a Civil War veteran, former minister, chaplain of his Grand Army of the Republic department chapter, and insurance and real estate businessman.

Alexander L. Smith (born 1855) was an Amherst College graduate who passed the Ohio bar in 1882. He was affiliated with various law firms including Smith, Beckwith, and Ohlinger after 1914. Smith's biography as featured in an edition of "Bench and Bar of Northern Ohio: History and Biography" (Cleveland: The Historical Publishing Co., 1921) does not include any reference to the Federal Judgeship of the Northern District of Ohio, so it appears that Smith remained in private practice. Perhaps Taft was persuaded by the complaints of Smith's detractors?

Taft served as president between 1909 and 1913.

This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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