Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1892-03-01
The Governors Critics Set
Right.
CHARLESTON, w. VA,
Feb. 81, 1892.

relative to filing the vacancy on the
bench of the Thirteenth Judicial Cir
cult, as we'll as your editorial criti-
cism charging hasty action on the
part of the Executive in making the
appointment, reflect unfairly upon
Governor Fleming and are not war
ranted by the facts. l am sure that
the SPIRIT does not intend to do our
worthy Governor injustice, and that
it will therefore cheerfuIly grant me
space to show that the Governor,
while acting promptly, certainly did
not act with undue haste, and that he
accorded to the action of the Jefferson
bar due respect and consideration.
Immediately following the sugges-
ton of the death of Judge Duckwall,
information came to the Governor
from various credible sources that an
early appointment to fill the vacancy
was desirable. This was supple
mented by the prompt action of the
Berkeley county bar in recommend
ing, unanimously, the appointment of
Hon. E. Boyd Faulkner, and stimuli
taneouslY came kilograms from many
prominent citizens of Morgan and
Jefferson counties endorsing Mr..
Faulkner. The Governor about the
same time received the following tel
egram, signed by all, or nearly all,
of the members of the Jefferson bar,
which clearly indicated that they also
expected early action, and only de-
sired that it be delayed until the bars
of the circuit could express a pref
erence:
Hon. A. B. Fleming, Governor, Charleston,
The members of the bar of Jefferson county
respectfully request that no action be taken in
reference to the appointment of Judge for
the Thirteenth Judicial Circuit until concerted
action of the united bars of the circuit can be
taken and communicated to you.
(Signed) w. H. TRAvERs, &c.
There was no intimation from any
source that an appointment to fill the
vacancy should be deferred beyond
such time as might be required by
the several bars of the circuit TO COM
municate their preference; on the
contrary, there was manifest a gen
eral expectation of and desire for
prompt action on the part of the Ex-
ecutive. On February IL, four days
after the demise of Judge DuckwaII,
and two days after receipt of the
telegram from the Jefferson bar re-
questing that the appointment be de-
ferred until the united bars of the
circuit could take concerted action in
the matter, the Governor received
the following telegram:
Governor A. B. Fleming:
Jefferson county bar, at a meeting this morn
ing. unanimously selected Green as their choice
for judge. Formal report will be mailed.
CRUGER ". SMITH.
The bar of Berkeley having already
communicated their action, and there
being no hint or suggestion in the
above dispatch of any desire for fur
Their delay, nor any intimation of any
further effort on the part of the bar
of Jefferson looking toward confer
ence and concerted action of the bars
of the circuit, it was assumed by the
Governor that concert of action was
impossible Gas indeed. it was unless
the bar of Berkeley consented to
stultify itself by Withdrawing its
unanimous endorsement of Mr..
Faulkner), and that all contemplated
effort to secure such action had been
abandoned as hopeless. No other
construction could be placed upon
this telegram than that it was conclu-
sive of all action on the part of the
Jefferson bar. Else why was it sent,
or why did it not contain some state
ment to the effect that conference
with the Berkeley bar was being ar
ranged for, or suggest further delay !?
The Governor waited until the day
following receipt of this dispatch, and
then made the appointment, giving,
1 am sure, due and full consideration
to the endorsements of both the bars
of Jefferson and Berkeley, to the
merits of the two excellent gentlemen
suggested for the position and to all
other matters involved and proper to
be considered in the case. There
was no apparent good reason for
postponing action further, and there
were several reasons why the vacancy
should be filled promptly. Certainly
there was no unusual haste exhibited
in the matter, for it may be remem-
hered that Judge Lucas was appoint
ed to the Supreme Bench on the sixth
day following the death of Judge
Green, and Judge Beckwith to the
Circuit Bench within three days of
the date of Judge Faulkner's resig-
nation.
AS to the statement that informa-
tion of the appointment of Mr.. Faulk-
ner was not promptly received at
Charles Town, and that in conse-
quence members of the Jefferson Bar
went to Martinsburg to arrange con-
ference only to learn there that the
had already been filled, L
beg TO say, that if this'be true it was
clearly not the Governor fault. The
writer happens TO know that the Gov
enor sent, addressed to the clerk of
the Circuit Court of jefferson Coun-
ty, a telegram announcing the APP
pointment, at precisely the same time
that similar message was sent to
Judge Faulkner at Martinsburg. If
the former failed of immediate deliv-
cry or was not made public as prompt
ly as the latter, it at least cannot be
to any inadvertence on the
part of the governor.
In conclusion l cannot refrain
from brief reference to the mex
cusably vicious criticism of the Far
a i