St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-12-05
Governor Merriam Appointsa
Republican to the District
Court Bench.
The Democrats, Indignant at
This Treatment, Threaten
Vengeance Later.
Judge Flandrau Condemns the
Governors Failure to Hold
the Balance Even.
Mr.. Cornish May Not Accept
the Appointment Under
the Circumstances.

ID. Cornish to the vacancy on the dis-
trict court bench created by the death
| of Judge Orlando SlmOns. 70 say that
| this action of the governor was a sur
| prise to the members of both political
| parties in the city is putting it mildly,
| indeed. The Democrats are angry to
| man at this breach of an ancient and
| time -hOnored custom. while all good
and far-seeing Republicans deprecate
| the appointment of Mr.. Cornish, be-
cause OF the influence it will WELD
toward dragging the judiciary back
| into politics in Ramsey county. For the
Democrats in this Democratic county
will never agree that twO-thirdS Of the
Judges shall be taken from the ranks Of
the minority party.
There we've some very harsh criticisms
made oh the governors action yester-
day, and they were not connned to the
ranks of the Democracy, either. MIR.
Cornish, while an able lawyer. is decid-
edly unpopular with the rank and file
OF his own party. One gentleman,
very prominent Republican attorney.
with offices i'll the New York Life
building, declared that Mr.. Cornish
could not SECURE nomination from the
Republican party two years hence.
Il do not believe Cornish will accept the
appointment" said this gentleman, when
he takes square look at the situation. He
caunot afford to give up a valuable law prae-
tice for Two years On the bench: he cannot |
get more. lie must know that he is decided
~ unpopular III the political circles of
ms ms own party, and deseryedly so.
Tor he is most cold-plooded
common with The great majority of the peo-
pie. confess l was surprised at the gov
ernor acucn i'll this matter, for by appoint
ing Cornish he has jeopardiZed the chances
OF Judges Kerr, Kelly and Brill. the Repab
leaus now on the bench, for the Democrats
Will. IN the future, insist upon making
Straight party nominations"
Some of the friends of the governor
are claiming that he appointed Repub-
| llcan because the Democrats could not
| Ill lite upon a man. This is absolutely
untrue. The names of a number Of
Democrats were presented to the gov
| ernor, but two days ago, when it was
| runored that the name of Republican
| was being considered, nearly all of the
| gentlemen whose names had been hand
| ed to the governor called and withdrew.
All they desired. was that the judi.
| ciary be kept out of politics, and
Democrat be named to succeed
| Democrat. The charges were freely
| made yesterday by those on the Inside
that it was the intention of Gov. Mer-
RAM from the beginning to appoint Mr..
Cornish. For the purpose of dispoSing
of the diSagreeable contest which Hon.
&. III. Beuedict proposed to institute
against Hon. II. f. Stevens for seat i'm !
the next state senate it is charged that
MIR. Benedict was led to believe that he 4
would be named for the vacant Judge
ship. This was kept up until yesterday, 1
and Tuesday was the last day for Mr.
! Benedict 10 file notice OF conCeSt. The
| reason this was delayed by MIR. Benedict
was Solely because if he started the con-
test the governor would then say that
he could not appoint him because it
would look too much like buyng off the
contest. As it is now, the governor has
made sure of one vote in the state SEN
! ate whenever he calls for it.
For the purpose of learning the opin
ions of some of the prominent Demo
cratic attorneys of the city, GLOBE
reporter called at their offices yesterday
afternoon. Judge Flantlrau was found
i'll his private office hard at work under
| the shadow of splendid picture of
! President Andrew Jackson. In reply
| TO a question of the reporter he said:
| think the appointment of Mr.. Cornish to
| the vacant judgeShip is an excellent one, SO
| far as the personal qualifications of the ap-
| polntee are concerned. He will make an
| upright and thoroughly acceptable Judge to
| all parties interested in the administration of
! Justice. w linb OuJeCt III III the appointment
| is this: The Second judicial district is
strongly Democratic, and can elect all SIX of
the judges from that party if it so desires, and
| no executive or other power can prevent it;
| but it has always been deemed desirable 10
keep politics out of the Judiciary. and
! the Democrats have yielded one-half of
| the judges to the Republicans. The Demo-
! cratic party has always been faithful 20 this
| traditional CONTACT and has elected Repub-
| licanS To the bench whenever they have been
| chosen to fill vacancies, and they naturally
| expected that the same fidelity to this good
[ rule would re found IN the Republicau party
| Judge Si1nens was n Democrat and Oil his
| deayh he left on the bench Judges Brill
Kelly and kerr all Republicans,
ocrats. The Democrats thought they
| Ea1 right to one OF their partv to fill the
| vacancy caused by the death OF Judge ST.
mons, and they were right in SO thinking;
| common honesty demanded it. They pre-
| scented 20 the governor the names of several
| lie nocrats the peers of Mr.. Cornish in every
| respect. They were all rel 'cted, and for one
member of the Democratic party am free to
| say think we have been very Gnjustly treat
| ed. and that The time my and probably. will
! come when we will show our teeth in re-
| sentiment.
Brief Opinions.
| Hon John H. Ives-I think the governor
| made mistake. He has started us on the
! road towards Il partisan Judiciary again, and
| fancy his own friends will suffer more than
| the Democrats.
John l.. Towniey-There was no excuse for
| appointing Il Republican. The governor
| ought to have Fad wisdom enough to appoint
| a Democrat.
County Attorney Elect Thomas D. O Brien-
| / DO lot approve of making the Judiciary a
! partisan body, and think that this action of
| the governor will be bad all around not only
| for the Republican party, but also for the (,
| people who desire good judges. 1t is not q
| good plan to make judicial nominations a
| part of the contest i'll political conventions.
j. G. Michael-ihe district court bench
| ought to be made Democratic fast as her
| law will permit am i'll favor of accepting
| the challenge and eleetin5 none but Demo- {
| Gratis hereafter.
| Pierce Butler-l am not in favor of another 4
! compromise. Democrat will be eIec.ed to
| succeed Mr. Cornish TWO years hence
| Deputy Clerk Armstrong-Mr Cornish is a.
| good lawyer, but Democrat ought to have i
| been appointed. =
| Two OF the judges on the district bench.
| spoke of the abb Ity of Mr.. Cornish and spoke I.
i'll way that indicated they scarcely ap-rI
| proved OF making political issue of the
matter. =
Assistant United States District Attorney