The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-12-13
BERRY IS TURNED DOWN.
The Senate Refuses 10 Confirm Him for
The Atlanta JudgeShip.

President Venable Leads the Fight
Against the Nominee on the Ground
That He is Incompetent to Fill the Po-
sition-The charge Also Made That
Gov. Atkinson Made the Appointments
to Pay Political Debt-rhe Governor
Very Angry at the senate's Action.
Atlanta. Ca. Dec. 12.-The Senate fell
down on the appointment OF John d. Berry
to be the Judge Of the city court Of Atlantis
to-day Gov. Atkinson sent the appoints
ment in with those Of Judge Lang for the
county court OF Terrell. r. r. Martin to be
solicitor OF the same court, and r. IL.
Sheffield to be solicitor Of the county court
OF Early county. These latter we're
promptly confirmed. but President vena4
BILE took the floor and made a vigorous pro-
test against Mr. Berry on the ground of in
competency. and that he was not the
choice of the bar. Acting upon this the
Senate rejected Mr.. Berry by a vote OF "a
TO 3. The Senate's action created a sem
sation. While a majority of the bar had
endorsed the other candidate Harry Reid.
ness men had endorsed Mr.. Berry and cer4
titled to his ability. A report circulated
that probably hurt Mr. Berry before the
Senate was that his appointment was i'm
payment OF a political debt which Gov.
Atkinson owed TO his father. Mr.. Berry's
father Is "A wealthy banker and merchant
Of Newman, and was a great friend OF
Gov. Atkinson. Young Mr.. Berry. how
ever, has lived in Atlanta for several years
being member of the firm Of Bigby q
Berry 1t was said by his enemies that his
father had given a good deal OF money to
Gov Atknson's campaign expenses, ana
that the appointment was in aclnowl-
edgement OF that debt. OF course Mr..
Berry's friends were indignant at this, as
well as the charge OF incompetency. IL
had been charged that he had never had A
case In the superior court. President Vena-
Die repeating this on the floor OF the Sem
ate, II rs understood, and was not at all
ht to be judge Of the city court.
Gov. Atkinson was indignant at the turn
ing down OF Mr.. Berry and took no pains
10 conceal his feelings He said II was
brought about by a man (referrine TO
president Nenable) who wanted to humiii-
ate him because he had triumphed over
him in being elected governor.
After the Senate adjourned for dinner,
the governors friends and the friends OF
Mr.. Berry went to work on the senator's
and at the afternoon session the rejection
OF Mr. Berry was reconsidered and the
matter allowed to go over to the next ses-
sion. The Senate would not confirm him,
however. The reconsideration was based
on the ground Of hasty action. President
Nenable did not oppose the reconsidera-
ton. He left the chamber shortly after
the reconsideration for his home the Sem
ate being notified by one OF the members
that he was too IN to be present at the
balance OF the session.
Mr.. Venable was very angry at the after
noon papers for publishing the proceedings
OF the Senate in rejecting Mr.. Berry's
nomination and Il is said threatened to
have the Journal reporter who wrote it
up arrested If he appeared in the Senate
chamber again.
The city court judgeship will not be va
cant until August, 1895 II Is not likely
that Mr. Berry Will be re-appointed until
after the Senate meets again and acts on
his nomination. but some one else will be
appointed TO fill the position from August
till the legislature meets although some
of the friends Of the governor and OF Mr..
Berry think ne should be appointed in def.
ance of the Senate.
Gov. Atkinson said this afternoon he de-
sired the statement made that the Sem
ate's action in refusing 10 confirm Mr..
Berry as judge of the city court was not
because Of his incompetency or any special
opposition to him, but that 1t was the work
Of a faction that has never become recon-
ciled over his election as governor. AS
soon as the Senate discovered the animus
of the opposition. it.almost unanimously
reconsidered its action. The governor as
sumes all the burden of the complication
and wants the public to understand that
the attack on Mr. Berry's competency was
merely an excuse Of his enemies.