Omaha daily bee., 1889-10-25
A NON-PAKTlsAN JUDICIARY.
Mr.. @. 8. Montgomery Makes n Strong
Appeal for ClarksOn.

MIR. g. 8. Montgomery Makes Strong
Appeal for CiarksUn.
OMAHA, Oct 23-To the Editor of TIE
Bee: do not wish to enter upon contro-
versy "to be continued, - through the me-
dium of your valued newspaper, but request
the privilege of noticing the letter of II. W.
Breckenridge printed in your paper on the
22i inst, for the reason that the charges
therein contained might be considered ad-
mitted if not controverted.
MIR. Breckenridge made his professional
debut in this city as q clerk and student
| in the Office of Croft & Montgomery.
He was there taught to be careful and truth
| full in his statements Such training and his
| life since as an upright, able and honorable
| gentleman and lawyer, should have prevent
ed such an exhibition OF foolish aud reck-
| lessly unreliable statements as his letter
presents.
| 1t is true that our democratic lawyers con.
| ceded the proprety of the selection of u re-
publican lawyer to succeed Judge Croft, but
| they always did so with the proyiso that he
! should be chosen by the bar of the district,
| and because they believed the bench should
| be of non-partisan character. This was
| agreed to ana with the express understanding
| that the bar at least should be bound by the
| selection made. 1t was so stated as the un-
| derstanding between Mr.. Breckenridge and
myself during Il conversation of private
|
call for the bar meeting.
| The republican candidate, III. ]. Davis,
temporarily judge, by favor of Governor
| Thayer so understood it, as is evidenced by
| ms hesitancy in accepting the republican
| nomination. That he so understood 1t is also
| evident from the anxious attempt of his sup
| porters to explain his position.
1t is not true that the Douglas county bar
| is numerically democratic Possibly one
! third are democrats. No more
Again, it is not true that we wish to die
| tate. Two years ago we offered to support
three republicans If the republicans would
concede Judge Wakeey as our candidate,
and consent TO the selection of the three re-
| publicans by the bar. This proposition was
refused. and hence followed the fight for a
non-partisan bench, resulting in the election
of the present Judges, including Croft, over
the regular nominees, by majorlties ranging
from 900 to 5000. Still the ward politicians
were not satisfied, but they were warned.
Continuing the fight this fall, they repud-
late again the non-partsan candidate and
nominated another republican, who IN honor
was bound not to accept their choice. Never
theess, he is Il man ana lawyer of high
character and standing, acting from a mis-
taken sense Of duty to party.
Why was he choseni Because, as several
of the delegates have told me, he was the
only man of all who were mentioned who
would have any chance OF election. They
the non-partisan sentiment in this
district, which demands good
| men, He could not have been chosen other
| wise They hope 10 elect him and thereby
defeat the non partisan idea, when they will
| return TO the habits of former years wherein
| political standing rather than fitness for Of
| flee has governed.
| Again il is not true that majority of the
democratic lawyers favored Mr.. Clarkson. |
| would be willing to poll the vote and yield
| the fight If MIR. ClarlSsoI did not have
| more republican supporters than democratic,
| and further, if the republican supper Jers as
! mol
| leading republican lawyers of more than two
| years standing at this bar, present at the
| meeting.
convention merely endorsed Clarkson, if
| more than an endorsement he required. The
democratic supporters OF MIR, Davis de-
| mapded Il ballot for nomination., and ballot
| was had, and Mr. Clarkson was nominated,
not, however as democrat, but, neverthc.
less, as the candidate of the party, which re-
mained true to its record in favor of non
craftsmanship in judicial elections.
| Mr.. Breckenridge's suggestion as TO the
manner of the selection of delegates to the
| Democratic judicial convention is nonsense.
They were selected by large committee ap-
pointed by the county convention, and there
| was no dictation by any one, each member
| from his ward.
1t IS true that the democratic bar is in
favor OF a non partisan judiciary, and hope
1t always will be. 1t is also true that demo-
cratic lawyers wish to assist In naming the
candidates. 1t is, in my opinion. unsafe to
leave the matter wholly to political conven-
tion of either party. In order to have true
| nou- -partisanship, democrats should have
voice in naming the. republican candidates,
and republicans in naming the democratic
candidates.
Mr.. Breckenridge is again wrong in his
| statement that the republican party MAJOR
| ity of 500 votes or anything like 1T IN TINS
| district have before me the official tabu
lated statement OF the vote last fall as com
piled by Secretary of State Laws II shows
| that the Harrison electors in the counties
. | comprising this district, had majority over
the Cleveland electors of exactly 653 votes.
III we take the votes cast for the candidates
for the offices OF lieutenant governor secre
. | tary of state, treasurer and auditor OF pub
| lie accounts. being those little affected oS
local considerations, and by proper addition
, | aud division average their malorltles, tshoW'
|. | republican majority in the district OF Jus
4 | 142. If we average in the same manner I'M
I, | vote for all the state officers, II shows larg'
!, democratic majority, owing TO the large voc
! | cast for the democratic candidates Tor gov
: | ernor and attorney general By reason OF var
? ious Influences IL view of these facts II car
: | hardly be proper TO charge democrats Will
Y "audacious dictation" in seeking hearing
in the selection of our judges.
And, further. in view OF these figures, TN
issue is not one of republican supremacy
backed by invinciDle odds; neither IL IL aques
r | ton of sustaining 'splendid nomination,
q | but is the old question over again Shall Tn
judiciary OF this district be CO coutrolled by po
u litical considerations, or by nou-partisan in
r | fluences and true business considerationst
/, For many years the non partisan idea ha
prevailed, and has kept upon our dlstric
q | bench democrats Savage, Wakeley and Doane
/ | and republicans Neville, Croft and Hope
n | well. | call upon men OF all classe
II | who may at any time be required TO su0ni
g | valuable rights and interests to the consider
a | alton Of our judges, to adhere to the practic
n | SO long and firmly established. Both tn
Is candidates are republicans. Waving wha
n | seems TO me breach of faith on the part o