The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-02-17
The Presidents Second Appoinlee
for the Supreme Bench Fails
Of Confirmation.
Twenty Three Democrats Vote for
Confirmation and Fifteen
Against II.
AeaInst-Vilas MAKES Plea for the
Appointee.

WAmNoroy, Feb. 1G. The senate ad-
iourned few minutes past four o'clock.
after spending tie better part OF two days
considering the nomination OF w. II. Peck
ham, Of New York. 10 be associate justies
OF the snpreme court. The vote had just
been taken on the motion 20 confirm the
nomination, aud the result. which Was re-
| lection by a vote Of thirty-two 10 forty-one
was known. The vote in detail was ~ fol-
lows: leas-Ba;e, blackburn. Brioe, But
Ter, CafeTy Dixon, FLlkner. Geo Ge, Gray
Hale, Harris. Hunter. Kyle, Lindsay. Mc-
Pherson, Martin. Mills. Mitchell (Ore.),
Mitchell tMis.). Palmer. Pasco, Petiigrew,
Platt Proctor. Ransom, Roach. Squire.
StockbridRe. TurpIe. Villas. Voorhees,
White tLa. )-32i nays-Aldrioh, Allen,
Allison, BE ~, Call. Cameron. Carey.
Chandler Cockreli, Coke Cullom. Daniel.
Davis Dolph. Frye, GsliinReT. Gibson.
German. HansbrouQh, Hsw.ey. Higgins.
Hill. Hoar. IrbS. Jones Ark. Lodge. Nc
Lsurin. Manderson. Mornll. Murphy.
Peffsr. Perkins. Power PuRh. Soup,
Stewart. Teller, Vest. Washburn. White
/ (Cal.). Wilson.-4l.
Paired for Peckbam-Camden. Gordon.
Mcmillan. Martin. Morgan - 3; paired
] j.
Quay. Vance, Wolcott-5. Absent without
pairs-Colquitt Sherman. Colquitt re-
leased Wilson. who voted against oonhfma-
tion. and Sherman released Brics, who
voted for confirmation.
For confirmation - Democrats twenty
three. republicans eight. populists one
total thirtY-two; against confirmation -
democrats fifteen. republicans twenty
three. populista three. total forty one;
paired for frmation-Demoorats four
republicans one; paired against conhrma-
/ tion-DemocrAts one. republicans four. Alb
sent and unpaired-DsmoorAts one. repub-
/ licans one.
Proceedings of the exeeutivs session
prior 10 taking the vote consisted entirely
/ Of spseeh-making. Villas, Mitchell, OF
Oregon, George and Gray speaking for con-
/ hTmation. and White, of California, and
/ Hawley against. All the addresses except
those of Villas and George we're very brief,
and consisted mainly of explanations Of
the vots Of the speakers.
Villas spoke two hours. devoting himself
TO a defense OF the character OF Peokham
and the presidents right 10 appoint In q
case like that OF justice OF the supreme
court without consulting senators from
whose states the nominee ts chosen. lie
read extensively from letters concerning
Peckham, which had been laid before the
/ Judiciary committee, giving extracts from
condemnation as well as praise. and anal
yzed and dissected the letters as be PRO
gressed.
summing up, ho declared the better tes.
timony was favorable 20 Peokham, and
/ showed him TO be a man deserving the
| high honor the president had sought 20
/ confer upon him. Villas also made an eI-
plsnati0n of Psekham's telegram 10 Judge
Caldwell concerning the IecsiVership OF
the Atchison, saying his motive In saying
Judge Caldwelps OF der would not be obeyed
| was found IN the fact that the Union Trust
company, for which Peckham was acting
was Of opinion that the order would place
the { ust company IN the light OF pre-
ferred creditor. instead Of the bondholders
for whom 10 acted.
Senator George discussed the constitu-
/ tional points involved In the case and de-
elared HE belief that Mr.. Psckham 10 q man
entirely ft for the position. lie had given
the subject careful consideration aud had
reached the conclusion that Peekham
should be confirmed. White. of California,
said the selection of supreme court Judge
| was matter which greatly interested the
people OF California. There 10 now pend
ing IN tbs courts a auit involving the own
efship Of the water front OF valuable proa-
erty IN that state, and estimated worth
| 800 0o0 900. This suit would eventually
! reach the supreme court and be determined
by that tribunal. He had observed that
| some friends of the nominee in the present
instance we're men interested in the result
Of these suits, and while this might be a
mere coincidence IL was sufhs sient 20 decide
him against the nominee.
Mitchell said hs had become convinced
from investigation of all the facts that
Psokbam was we'll fitted for the supreme
bench. lie called attention to tue fact
that eminent lawyers in New York and else
where had spoken in the highest terms of
him. lawyer who had personally known
all the supreme justices for twenty yeas,
and lad bsen acquainted with Psckham
during that time. had assured him thst the
nominee Is entirely capable of nlliDg she
office. The same gentleman was quoted Rs
saying be was a great deal like she late
/ Justice Miller. firm and Judicial. The
speeches Of Gray and HawlsJ were brief.
but emphatic. tbs former for ana the latter
| against confirmation.
| Occasionally thers "a heard speculation
as 60 what will be the PRESIDENTS course In
view OF the rejection OF his second nominee
for tho associate justiceship. No one
whose opinion Is Of vslue will venture q
surmlse or suggest a name. The supreme
court is now in recess and will be until
| March q. SO that necessity for a full bench
will not BE- urgent until that time.
Nrw loRK, Feb. ia representative of
the Associated press called to-night st the
home OF Wheeler II. peckham, Rni sent
up his card. Peokhnm sent back word
that be had nothing 90 say In regard TO his
rejection.
| William b. Hornblower said; lam verv
sorry the senate has refGsed TO conf M
/ peckhAm's nomination. or conrse, under
tha cifcumstances. it is proper I should say
very little on tho subisot. l am only 40 ~
Peckham was not confirmed. l say this
because l think fsokhAm would hnvs been
a good man for ths office. and would have
oiled 10 with credit and dignity"