Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1877-03-21
The District JudgeShip,

Last Thursday the president sent 10 the
Senate the name of Hoyt II. Wheeler as
district Judge for the District of Vermont.
The nomination was confirmed the follow
ing day.
This appointment was surprise to the
people of the state as well MS to the Ver-
mont delegation in Congress. 1t is, how
ever, universally conceded to he an ap-
pontment eminently fit to be made, and
the only regrets VIC have heard expressed
are those of members OF the bar, who,
having much more of their practice in the
state than in the district court, are not
pleased with the idea of having Judge
Wheeler taken from the Supreme bench
Hoyt II. Wheeler was born in Chester
field, N. H., August 80, 1888. lie studied
law with Charles X. Field of Brattleboro,
and was admitted TO the bar in Windham
County in 1859. He settled in the town
Of Jamaica for the practice Of his profess
sion. We presume he did this on the
theory that we knew he held ten years
later, that if n lawyer had the right kind
cf stuff in him it didn't make much differ
ence where he hung out his single, rs he
would be sure to get business if he showed
himself competent to do it; and we sus-
pect that his later election to the bench Of
the Supreme Court and the last week IS
sudden taking off" from that bench
which has come upon him have had the
effect of making him rather "set in
holding that theory. 1t wouldn't be
strange.
Mr.. Wheeler represented jamaica in
the House in 1867, and was senator from
Windham county in 1868 and 1869. AT
the session of the last named year he was
elected Judge of the Supreme Court, a
position in which he has won the respect
not only of the bar, but of all men with
whom he has been brought in contact.
The good words spoken of him are none
too good, for they are said of IL courteous,
learned and honest Judge.
His removal to federal court leaves a
vacancy in one Supreme Court which will
doubtless be filled by the appointment by
Gov. Fairbanks Of Hon. Walter G. Dun
ton of Rutland rs n member of that court.
Mr.. Dunton was Il candidate in 1874, when
Judge Powers was elected, and received Il
very fattering vote in the joint convention
of the Senate and House. Judge Wheeler
held court in Rutland and Bennington
counties, so of course the new judge will
be taken from that section, and the Rut-
land county bar have unanimously asked
Gov. Fairbanks to appoint NJ. Dunton.
The nomination of Judge Wheeler was,
us we have said, a surprise-and there
have been various surmiscs us to the way
it came about. While it was made on Mr..
Eyarts' recommendation, it is very posi-.
bic that the president was knowing tc
Judge Wheeler's home reputation for it
is since 1870 that one Mr.. Hayes of Ohio
made quite visit in Wndham county
whence his father and mother emigrated
and where a number of his relatives re.
side. And in view of the presidents
treatment of Mr.. Slillwcl, the husband
of favorite cousin of Mrs. Hayes" it may
be considered rather lucky for Judge
Wheeler that he wasn't one of those rcla
tivcs.
AS to the circumstances of the appo mt
ment we have occasion to know that Mr.
Fitield authorized the withdrawal of hi,
name as II candidate fur District Judge
week ago last Tuesday, and that hi.
withdrawal was sent by telegraph that
day, but Mr.. Fifield did not know it un
til Friday, when in New York. On Thurs
day Judge Wheeler was nominated on the
recommendation of Mr.. Evarts, Secretary
Of State, to whom he was personally
known, without consulting the delegation
from Vermont, there not being time to dc
so.