Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1892-03-02
rhe corernor,s orItles sea RIgAt.
CHARLESTON, W. NAr
Feb. 27, 1892.

terSOn county relative 10 uilAhs s"S '~NNs
the bench of the Thirteenth Judicial Circuit
as we'll as your editorisl criticism charging
hasty action on the part Of the Executive in
making the appointment, reflect unfairly upon
Governor Fleming and are not warranted by
the facts. am sure that the Spirit does not
intend 70 do our worthy Governor injustice,
and that il will therefore cheerfully 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 suggestion OF
the death of Judge Duckwall information
came TO the Governor from various credible
sources that an early appointment to NIL the
vacancy was desirable This was supplement-
ed by the prompt action of Berkeley county
bar in recommending, unanimously, the APP
pointment of Hon. f. Boyd Faulkner, and
simultaneously came kilograms from many
prominent citizens Of Morgan and Jefferson
counties endorsing Mr. Faulkner. The Gov
ernor about the same time received the follow
ing telegram, signed by all, or nearly all OF
the members of the jefferson bar, which clear
IL indicated that they also expected early &C
ton. and only desired that it be delayed until
the bars of the circuit could express prefer
ence:
Hon. A. b. Fleming, Governor, Charleston,
W. Va:
The members of the bar of Jefferson county
respectfully request that no action be taken IN
reference to the appointment of judge fol
the Thirteenth Judicial Circuit until concerted
action of the united bars of the circuit can be
taken and communicated to you.
1Signedl w. H. TRAVERS, &c.
There was no intimation from any source
that an appointment to ill the vacancy should
be deferred beyond such time as might be re-
ouired by the several bars of the circuit "a
communicate their preference; on the contra
~. there was manifest general expectation
of and desire for prompt action on the part OF
the Executive. On February Il, four days af
ter the demise of Judge Duckwall, and two
DAYS fter the receipt Of the telegram from the
Jefferson bar requesting that the appointment
be deferred until the united bars of the circuit
could take concerted action in the matter the
Governor received the following telegram
Governor ~ B. Fleming:
| Jefferson county bar. at meeting this morn
| ing. unanimously selected Green as their choice
for Judge Formal report will be mailed;
CRUGER W. SMITH.
The Bar Of Berkeley having already CON-
municated their action, and there being no
hint OF suggestion in the above dispatch OF
any desire for further delay, nor any intima-
ton of any further effort on the part Of the bar
Of jefferson looking toward a conference and
concerted action of the bars of the circuit 1t
was assumed by the Governor that concert OF
action was impossible Jas indeed it was unless
the bar OF Berkely consented to stultiiy itself
bv Withdrawing It's unanimous endorsement
Of Mr.. Faulknerl, and that all contemplated
effort 20 secure such action had been abandon
ed as hopeless. No other construction could
be placed upon this telegram than that 1t was
conclusive of all on the part of the Jefferson
bar. Else why was it sent, OF why did 1t not
contain some staten ent to the effect that q
conference with the Berkeley bar was arranged
for. or suggest further delay The Governor
waited until the day following receipt of this
dispatch, and then made the appointment, Civ
ing. am sure, due and full consideration to
the endorsements of both the bars of Jefferson
and Berkeley, to the merits of the two excel
lent gentlemen suggested for the position and
10 all other matters involved and proper to be
considered in the case. There was no appar-
emit good reason for pOStpouing action further,
and there were several reasons why the vacan-
cy should be filled promptly. Certainly there
was mo- unusual haste exhibited in the matter,
for il may be remembered that Judge Lucas
was appointed 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 Faulk-
ner's resignation
A. 90 the statement that information of the
appointment of Mr.. Faulkner was not prompt
lv received at Chares-Town, and that in con-
sequence members of the Jefferson Bar went
to Marunsburg to arrange a conference only
10 learn there that the vacancy had already
been filled, Deg to say, tina; il this be true it
was clearly not the Governors fault. The
writer happens to know that the Governor
sent addressed To the clerk of the Circuit
Court of Jefferson County telegram aunoun-
cling the appoint ment at precisely the same
time that similar message was sent to Judge
Faulkner at Martiusburg. 1.-THE former fail
ed of immediate delivery or was not made
public as promptly as the latter, it at least
cannot be charged 10 any inadyerteuce ON the
part of the Governor.
In conclusion cannot refrain from brief
reference TO the inexcusably vicious criticism
of the Farmers ldrocgte relative 10 this APP
poiutmeut. It's observations are characterized
bv evident malice and are devoid of both good
sense and propriety. 1t does not advance a
single reason in support of its assertion that
Jefferson county was entitled to this Judge
ship. aud if there be any reason fof ihis claim,
il would hardly weigh against the fact that
the two last Judicial appointments from that
section Of the State were made from Jefferson
county: that Governor Fleming has given
more appointments 70 Jefferson than to any
other county in the State except Ohio and
Kanawha. and that Berkeley had received but
one appointment at his hands until this APP
pointment was made. The Adrocates insinua-
ton that practical politics somehow inhuenc-
eithe Governors action, either means nothing,
seeing that both Mr.. Faulkner and Mr.. Green
are Democrats, OF it means that the Governor
was influenced by the fact that one or the 9TH
er Of these gentlemen is identified with some
particular local or other faction of the Demo