Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-02-12

A protest by the District against President
Cleveland's appointment Of an outsider as the
successor to Judge Merrick on the District
bench would be unavailing if it should be based
only on the ground that such an appointment
Is . violation Of democratic home-rule pledges
and an unnatural approval and endorsement BY
the democracy Of carpet bag government
Experience has shown that such protest is
fruitless. But in the present case the Senate,
acting in accordance with an avowed political
policy, Is likely to act also in the interests of
the District, and to rebuke by inaction the
effort Of the retiring President to dispose of a
judicial hfe-ofice as a political reward in con-
tempt Of the sentiment of the people whose
laws this officer Is TO copstrue The community
finds, therefore, in this condition of affairs an
eIcellentopportunityt to express itself freely con-
corning such appointments, without deprecia-
ton Of the general ability integrity of the ap-
pointee in the present case and with bearing
upon the action Of future presidents as well as
OF the present incumbent. The public senti-
msnt is that the appointment of an outside
politician to judicial Office in the District is
nothing less than an outrage.-an insulting i'm
putation Of unfitness concerning the District
bar and lasting injury to the community
Practice in the District is essential to a model
District judge. There ia nothing in common
between modern code procedure and the Dis
trict common-law practice modified by rules of
court, and the more that lawyer is imbued
with the spirit of one the more united he
is to practice or direct practice under
the other. A knowledge of the substantive
law Of the District, with all its omissions and
imperfections and varied sources Of derivation.
sufficient to enable one to preside satisfactorily
as judge. can be obtained only protracted
study. 1t is not to the interest of the District
to have its Supreme Court supplied with APP
prentice members, who will be required to
learn and and administer District law stimuli
taneously. And these apprentices from the
states will generally be used-up and discarded
politicians, too old and fixed TO learn, even if
they retain the ability to do SO. The District
bar boasts many men of ability and integrity.
Professional jealousies NAV prevent the unani-
nous selection of one among their num-
Der for elevation TO the bench. and
reasonable fears of the petty revenge which
may be visited upon them by lifelong judge
whose confirmation they may fail to prevent,
often Restraints them from active opposition to
the confirmation of an outside appointment,
which they, nevertheless. condemn as a men,
ace to the community, and resent as an insult
TO themselves. In this case. however, the bar
can safely be outspoken. The Senate will
hardly make an exception and confirm Mr.
Stevenson, and what the lawyers of the city
say will have special reference to the action of
Gen Harrison. But whatever the opinion
Of the resident lawyers so contemptu-
ously set aside in outside appoint
ment. the people Of the District
enter their solemn protest against policy
which will inevitably fill their supreme court
with semi-legal, out-of-job politicians, rusty
not merely in District law. but in law in gen.
eral, appointed as a reward for political serv-
ices and not as a recognition of legal reputa-
ton. who viii draw their salaries as pensions,
muddle the law, damage the community, and
subject the Districts court to the contempt of
the other legal tribunals of the republic, as
long as they live.