The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-12-21
CONFIRMATION RECCNsIDEREp.
The Senate TO Investigats a Charge
Against a Nominee.

The Senate to Investigats a Charge
Against a Nominee.
Washington, Dec. 20.-The Senate went
into executive session to-day Immediately
after its meeting and recalled the CON
firmation of Charles d. Clark, nominal
ed to be district judge for the eastern
and middle district of Tennessee on Dec.
IL, and who was confirmed Tuesday This
prevents the issuance Of commission to
the recently confirmed judge and leaves
his case still pending before the Senate.
That the Senate should go into executive
session almost the moment the session
convened indicated that something un-
usual had occurred and as soon as the
doors We're closed Senator Harris made
statement to the Senate. He said the
nomination of Judge Clark had been in
dorsed by the bar OF Tennessee ana con-
lrmation promptly followed so that
there might be no delay In filing the va
cancy existing on the bench. Yesterday
however, Mr.. Harris said. he received an
lhNitauon 10 call upon the attorney gen
eral and that official laid before him
charges that had been pre- ferred against
frm of which Judge Clark was mem
Der by prominent legal firm in New
York city. The charges We're that the
tennessee firm had been guilty Of
unprofessional conduct in accepting a fee
on both sides of the same case. The at
torney general thought that charges Of
this nature coming from a reputable firm
should be Investigated before "a commits
sion should be issued to the nominee.
ana in this opinion both Senators Harris
ana Bate agreed. Tt was for the purpose
OF putting the matter before the Senate
tnat ms executive session was called.
Mr.. Bate corroborated what Mr. Harris
had said and the Senate thought that no
harm would come to Judge Clark We're he
not implicated in the charge by having
the whole matter investigated Mr. Hoar
deprecated the undue haste that had been
recently displayed i'm combinations 10 iu-
dlclal Offices and said that this case
whether the charges We're true or false
should suggest to the Senate the ad-
Visaolllty of permitting the public to have
proper hollce OF the appointment Of men
70 once by allowing reasonable time
to elapse before taking action The case
was referred TO the committee on the tu-
dietary with Instructions TO investfg3t To-
ana report, and meanwhile the attorney
general was informed Of the action Of
dhe senate and instructed 10 hold up the
The charges against Judge Clark came
through an attorney Of New York named
McAdoo, member of a well known firm
who sent them to the assistant secretary
to the attorney general.
A special to the Post from Chattanooga
says: The charges communicated to
Senator Harris against Charles D. CLARK
appointed to succeed ID. NJ. KAY as United
states judge for the eastern and middle
dictricts of Tennessee, came from W G.
4ldiAuOOt Il young man IN the DTOkar1
business IN New York, who formerly re
sided in this city, and was associated i'm
the practice of law with J. II. Barr The
charges are that Mr. ClarII's law firm
Clark & Brown, accepted emplovmenf
from parties having conflicting interest.
IN foreclosure proceedings against tho
Chattanooga Union Railway Company.
Judge ID. M. kay the retiring Judge
ana eX-Postmaster general, says he is n
tirely familiar with this suit which is
in his court and that There is nothing i'm
DFODer in the nOGifipn
attorney in IT,, and he has so wired Sena-
tor Harris.
Henry o. Ewing. the master in chan
Gerry IN this state, says he is entirely con
Nersant with this record and that the
position OF Clark & Brown is absolutely
without reproach. They are the solicitors
OF the Farmers Loan and Trust COMPANY
OF New York city, the trustees under the
mortgage. In addition to this, they re
present c. p. James in a small Intervening
petition, and as an exhibit to the deposit
ton of Foster V. Brown accepting en-
ployment from the Farmers Loan and
trust Company, in which they set out
tu!ly, that they represent this intervening
petition and describe it, giving correctly
the amounts and nature of the claim and
ask the Farmers Loan and Trust Com
pany to decide for themselves if they
think there is any reason in this to pro
vent their acting for them. Mr. Ewing
has so wired Senator Harris.
Mr.. Brown, Mr.; Clarks partner, says
that he is responsible for everything done
willing to stand by that record.
and that he has just finished a race for
congress, being elected by a 1900 plurality
in a district which gave Cleveland 265G
in 1892. The record in this case was open
to every one, was wei known to the
parties making these charges, and If there
had been anything unprofessionaI in IT,
it could have been used against him with
telling effect.
James II. Bible. United States attor-
ney Of this city, who was strongly for
Gov Porter for district judge, and I'D ali
in his power to procure his appointment
is familiar with the records, and when in
terviewed stated that any charge against
Judge Clark, growing out Of the Union
Railway litigation was an outrage Judge
Clark said Mr.. Bible stands as high as
any man in the state OF Tennessee, and
any reflection upon his integrity or pro-
fess.onal reputation does violence to what
his neighbors know to be true
Mr.. Barr the law partner of. Mr.. Mac
Adoo, has telegraphed Senator Harris
that in Judge Clark 5 connection with the
Union case there was no unprofessional
conduct on his (CIark's s. part He asks
that Judge Clarks nomination be con
iirmed Mr.. Barr was among those who
recommended Judge Clark's appointment
to President Cleveland