Daily Republican., 1884-03-07
a judge 1t Last


Judge 1t Last
At last the long agony is over, and
the vacancy on the bench of the United
States District Court of Delaware is
filed. As usual the President has
preserved his reputation for making
good appointments. Whatever may be
said in general way eulogistic of the
ability and high character of Mr. Spru-
ance, the gentleman most strongly en-
,dorsed for the position, not word can
be said derogatory to the ability and
character of Judge Wales.
His many years Of experience upon
the bench of the State Courts have
proven him to be an upright, able, i'm
partial and conscientious Judge, fitted
by experience, and in every other re-
. quirement for the high position he is
called upon to fill 1t has been the
cause of a months wonder why the
President did not speedily fill the posi-
ton and stop the agitation upon the
subject, but this need cause no sur
prise nor wonder when the circum-
stances are all taken into considera-
ton.
While President Arthur is generally
acknowledged to have made an unex-
ceptionallv good President, and re-
cord of which he and the country may
be proud, it cannot be denied that he
is a stalwart Republican in politics, and
all who receive official favors of him
are required to measure up to his
standard of Republicanism. No doubt
Mr.Spruance would have been appoint
ed long ago to the vacancy had it not
been manifested that he was dissatis-
fed with the head of the last Republi-
can ticket in this State, and said to
have voted the ticket without voting
tOr candidates for Governor and is for
Congress.
This, though to many seemed to be a
trivial affair, 10 the rejected candidates
and their friends it was matter of
considerable moment. The President
was soon made acquainted with this
fact, and his sympathies were with the
remonstrants against Mr.. Spruance.
To him the rejecting of the main part
of Republican ticket was political
Offense Of such Importance that he re-
fused to sanctios i, by rewarding the
action with political favor. This, we
have from undolbtei authority, was
the only reason why he hesitated to APP
point Mr.. Spruancr He acknowledged
that his ability and character were of
the highest order AMI were unassailable,
but the drawback was that he did not
consider man who would not vote for
the whole ticket nominated by his
party full Republican,.
Then what course was he to pursue
Who were the other candidates brought
forward to his notice from which to
make choice? For - long timeJudge
Fisher was the only one lamed in OPP
position with Mr.. Splulnce. With an
appreciate ke'nuess Of perception aud
an eye to the future political changes
which might suddenly take place, he
ruled that Judge Fisher was too old for
the office This decision acted as an
etfectual bar TO any other gentlemen
well qualified for the position, and left
Mr.. Spruance as the only candidate for
the position. Then who was to be the
man? Lawyers In the prime of life
like Mr.. Higgins, Mr.. Bird and f. G.
Bradford, having large paying prac-
tice, did not want the position. Jacob
Moore, of Sussex County, well qualified,
refused the Use of his name.
Mr.. Massey, Of Dover, was in the
last emergency suggested, but unfortu-
nately for him, he, though not accused
Of disatiection to the head of his ticket,
denounced the Republican State Cen
trail Committee, and refused during the
campaign to work under its direction.
The name of Judge Wales was suggest
ell soon after Mr.. Fisher ceased to be a
candidate, but he was on the State
bench.
To take him from that position was
to insure the appointment of Demo
crat to succeed him, and thus to make
the bench, which was as fairly balanc-
ed in politics as it could possibly be,
Democratic.
To the credit of Judge Wales it must
be said that he hesitated to leave the
bench he had for so many years honor
ed, even though the salary for United
States District Judge was about double
the salary of a State Judge. President
Arthur did not want to take Judge
Wales from the State Courts, and he
waited for candidate who would
measure up to the ability and charac-
ter of Mr.. Spruance and Judge Wales
before he made the appointment. There
were none brought forward who, in his
estimation, came up to the proper re-
Juirements.
Virtually, there were but two candi-
dates, Judge Wales and Mr.. Spruance,
before the President, and after weighing
the arguments for and against each and
taking in the situation in an intelligent
manner, he evidently came to the con-
clusion that while the interests of JUS
tee would be as well subserved by the
appointment Of Judge Wales, the inter
ests of the Republican party would be
better SubServsd.
The only regret that the public can
have at the appointment is the fact
that it destroys the political equilibrium
of the State Courts, which, as a general
thing, have not only been conservative,
but bipartisan.
Aside from this the public has reason
to congratulate itself that the high ,ju-
dicial character Of the United States
District Court, attained under such
able .jurists as the late Judges Hall and
Bradford is to be continued under
Judge Wales.