The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-01-09
JUDGE CLAYP00L NAMED.
NOMINATED oRU. s. DlsT.ATToRNeY
\ Technically Which Prevented Bailey
From Signing Indictments-win the
Senate Dare Come to Dudley's Aid
And Reject Judge ClaypoOl?

Considerable stir was caused in political cir
cles Thursday afternoon by the announcement
from Washington that the president had with
drawn the nomination of Leon Bailey as U. s.
district-attorney for Indiana, and had sent tbs
name ofJudge solomon Clsypool to the senate.
Behind this change is a very interesting bid
OF history. Bailey was nominated for the po-
sition shortly after the resignation of Mr. Sell
lers, but the nomination was hung up" in the
senate, while every republican battery in the
state was brought TO bear on Bailey, who at the
time was actively engaged 10 presenting the
election fraud cases TO the federal grand jury
Then question was raised as to Mr. Bailey'I
right TO sign indictments unless his name should
be confirmed as L. :. district-atJorncy and his
commission be issued accordingly. In this con-
nectOn Sec 1913 OF the Z. :. revenue statutes
was cited in support OF the declaration that
Associate Justice Harlan was entitled to ap-
point an acting district attorney ad interim
awaiting the action OF the L. ). senate upon
the nomination made by President Cleveland.
IL seems too that there has been some doubt
as 10 whether the resignation of Mr.. Sellers had
created a vacancy until the nomination made
in his stead had been confirmed Mr. Bailey
has been exceedingly anxious that any indict-
mentS which may be returned by the present
grand jury should not be found defective upon
any such technical ground this and has
appointment be made
Soon after the raising OF this technical point
II became evident that Judge Harlan would not
designate Mr.. Bailey as district attorney ad
interim, and as il seemed evident that the
republican senate would refuse to confirm the
presidents nomination, II became necessary, in
order that the election cases might not fall
through 10 select some other man for the place.
The fact of Judge ClaypoOls experience as n
lawyer; his former connection with the prose
cutiOn Of well-known democrats and bis atti-
tude as special assistant in the present investi-
cation made 1t especially important that he
should be designated in this emergency.
Mr.. ClaypoOl was at first unwilling to
permit his name to be used in that
relation, feeling that as special assistant be
would have quite as much latitude and author
lty as could otherwise be given him. but his
appointment so palpably proper and es-
sential, under the circumstances, that even
Judge Harlan and his partisan friends would
not dare decline making II If he would consent
to act. But Harlan was ready and would hare
been glad to have made an outside selection.
Ii has been learned that Senator Mcdonald,
Judge Claypool and Assistant Attorney Bailey
had a long conference upon the subject, at
which Judge ClaypoOl reluctantly consented To
take the appointment If Judge Harlan would
make il. What was said is not known but il is
presumed that Senator Mcdonald, who left
Indianapolis Tuesday afternoon, was fully
authorized to represent both Claypool and
Bailey's conclusion to the president.
The result Of Mr.. McDOnalds visit Is now
known. Wednesday Judge Harlan designated
Judge CIaypOol as district attorney ad interim
and yesterday the president sent his nomina-
ton to the senate.
II Will now be very interesting 70 note what
course the republican senate viii adopt in re-
gard to the confirmation of Judge Claypools
nomination. The reasons assigned for the fall
ure to confirm Mr. Bailey were that be was too
bitter partisan, and that being a young man
he lacked the necessary experience for the
duties OF the Office. With Judge Claypool the
case is quite different. For months past, and
within the past week, the republican or
ganS In this city--the Journal and Aelrs-have
been loud, even extravagsnt in their praises Of
Judge Claypool for his ability as a lawyer, his
integrity as a man and his freedom from par
tisan bias, as shown in his prosecution of Coy
and Bernhamer.
BY the nomination of Judge Claypool the
senate has been put in a position where it
must declare itself The nominee is Endorsed
by all the leading Indiana republicans; he has
exceptional and acknowledged ability and by
his knowledge of the election cases now before
the federal grand jury is peculiarly adapted 10
the work of prosecuting the debauchers of the
ballot His rejection by the senate or the
hanging up of his name can mean but one
thing, VIZ: that the republican senate wants 70
shield Dudley and his colab0rers IN the work
OF bribery and corruption at the recent election
from the penalty of their crimes