New-York tribune., 1889-12-19
JUDGE BREWER CONFIRMED
ELEVEN SENATORS CAST THEIR VOTES
AGAINST HIM.
DIVIDING INTO THREE GROUPS EACH OPPOSING
HIM oN.A TRIVIAL GRoUND-CoNFIRMING
MINISTER PHELPS
rBY TELEGRAPH TO THE TkIBUSR-y

IBY TkfBCSEI
Washington, Dec. 1s.-After a session lasting
for nearly three hours. the Senate to-day con-
firmed the nomination of Judge Brewer. of Kan
sas to be one of the Associate Justices Of the
Supreme Court of the United States, in the place
of The late Justice Stanley Matthews The vote
was 81 to III. The Senators voting against con-
fimatiOn were Messrs. Wilson, of Iowa Colquitt.
Reagan, Berry, Jones, of Arkansas, Blair, Call,
Moody, Pettigrew, Pierce and Casey The op-
position, though small in numbers, was determined
| and unyielding. Briefly stated, it was put on
three different grounds.
Messrs Wilson, Colquitt, Reagan and Blair
opposed confirmation because of Judge Brewers
decision in the cases brought by the Kansas
breweres against the State for compensating
damages sustained by the closing of their estab-
lishments in pursuance of the prohibition law
passed by the State Legislature, which decision
was in favor of the breweries but afterward was
reversed by unanimous vote of the Supreme
Court of the United States.
Messrs. Berry and Jones. of Arkansas. opposed
Judge Brewer because he had ventured to render
decision in favor of niger as against an
Arkansas gentleman" who happened to be white.
Frivolous as this objection was it was surpassed
by the which the four Senators from
North and South Dakota gave for their unwilling
ness to confirm Judge Brewer by their votes.
They asserted that he had appointed in Dakota
two court officials not residents of the Territory.
but residents of Kansas and Nebraska respectively.
This heinous offence. in their eyes. untitled the
Judge to sit On the bench of the Supreme Court
of the United States.
The nature of the objections raised furnishes
arguments both for and against the secrecy which
surrounds executive sessions. On the one hand
il is scarcely credible that Senator would, In
public, urge trivial an objection to the con-
hrmation of man who, by fifty-seven Senators
is thought worthy of sitting on the bench of the
highest tribunal in the country; and it would be
better, therefore, in justice to the appointee. If
the proceedings were had openly and without
reserve.
On the other hand, if such objections must be
raised to the confirmation of gentleman of the
standing of Judge Brewer in order to satisfy
score or so Of politicians at home, 1t is
better that such frivolous charges were
preferred behind closed doors, trusting To
the good sense Of the outside public TO take 10
for granted that there is no serious rejection ln-
piled in the votes cast adversely to the conirma-
ton of the candidate. 1t may also be mentioned
as a curious and somewhat significant fact that
with single exception not one of the opponents
of Judge Brewers confirmation probably ever had
case before the Supreme Court
The final vote was preceded by rather tedious
discussion, in which Mr.. Blair took leading part
he had a number of protests in his possession
and expected still more, from friends OF the cause
of prohibition which protests he desired to lay
before the Senate. He therefore favored post
ponement until after the holidays idays MI: Mr
reasonable He asked for delay OF
only twenytouTh hours aatIar, in Which datas to
garding the outrage committed by Judge Brewer
in appointing 1on-residents of Dakota as Officials
who were willing TO oblige Mr. Moody, and who
could not see any harm in delaying confi%ation inf
for another day. A'motion made by Mr.. Moody
to postpone was defeated, however, by a vote of
Az to %.
After the Senate had once more listened to Mr..
Call. who objected to Judge Brewer on the
ground that he was Corporation Judge the
Brewer was Immediately informed by telegraph
of the result and is expected to arrive in Wash
ington shortly to take the oath Of office.
The only other business of any note transacted
by the Senate in executive session was the unan-
imous confirmation of William Walter Phelps to
be Envoy Extraordinary and Minister Plenipo-
tentiary to Germany.