TO JOHN H. WIGMORE
Washington, December 3, 1909
MY DEAR DOCTOR,—… I think there is but little doubt that De Vries will receive the appointment, though of course everything here is in absolute chaos. … The best symptom in my own case is that I have been called in twice to consult over proposed amendments to the law, and the President's [Taft's] reference thereto in his forthcoming message. He seems to think my judgment worth something—more than I do myself, in fact—for down in my heart, though I do not let anybody see it, I am really a modest creature.
Since my return from the West we have had one merry round of sickness in the house … but all are on their feet once more and as gay as they can be with a more or less grumpy head of the household in the neighborhood, (assuming for the nonce that I am the head of the household).
The President is going to appoint Lurton. [Footnote: To the Supreme Bench.] He should have said so when he made up his mind to do it, which was immediately after Peckham's death. He would have saved himself an immense amount of trouble. Lurton seems to have been very hostile to the Interstate Commerce Commission, and is too old, but otherwise I hear nothing said against him. I really would like to see Bowers put on the bench very much. He has made a very favorable impression here, and is a clear lawyer, a very strong man, and in sympathy with Federal control that's real.
By the way, I had a talk the other day with Attorney General Wickersham regarding the treatment of criminals, and I believe you can secure through him the initiation of an enlightened policy in this matter. He told me that he was going to make some recommendations in his report, and perhaps the President may deal with the matter slightly in his message. Wickersham is a thoroughly modern proposition, and as he has charge of all the penitentiaries, and his recommendations, with relation to parole and such things, absolutely go with the President, I believe you could do more good in an hour's talk with him than you could effect in a year otherwise. If you could run down, during the holiday vacation, I would bring you two together for a talk on this matter, and you, also, might take up the very live question with the President of cutting off red-tape in the courts. Give my love to Mrs. Wigmore, and tell her, too, that we would be most delighted to see her here. Faithfully yours,
FRANKLIN K. LANE
On December 9,1909, President Taft reappointed Franklin K. Lane as a member of the Interstate Commerce Commission.