The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-01-14
NO WIRE=PULLING.
How a Judicial Position
Was Obtained.
The Peculiar Circumstances That
Led to the Appointment of
Judge Gilbert.

Judge Joseph McKenna of this city.
Judge William B. Gilbert of Portland. Or,
and any District Judge W HON they call to
sit with them constitute the United States
Court OF Appeals for the Ninth District.
The position is for life and ranks higher
than Circuit Judge. being the highest judi
cial Office In the Government, excepting
only the Federal Supreme bench.
So distinguished an honor came to Judge
Gilbert without his seeking, without polit-
ical influence and without an effort of his
own, further than his life's effort to equip
himself with a classical education, with
deep knowledge Of the law and maintain
ing epotless reputation.
And yet the appointment Of Judge Gil
bert started as joke among a small party
of friends. with no other thought than
gcod-natured banter.
Leading ca ndidates for the position were
dOseph Simon of Portland, Or, and W.
Lair Hill Of Seattle. Wash, with Judge
Knowles of Montana as q possibility.
Simon had the Endorsement of the Oregon
Senators. but for personal reasons Presi-
dent Harrison declined to appoint him.
Hill was well recommended, and about the
time the President had made up his mind
TO appoint the Seattle man an episode in
the memorable pOst-election contest of
1876 was recalled which had the effect Of
destroying HIPS chances.
1t will be remembered that Tilden
needed only one vote in the electoral col
lege to gain the Presidency. One of the
Oregon Republicans, "Fog-hOrn" Watts,
held the Office of postmaster at the time of
the election, and on this ground legal
steps were taken to have his election de-
clared void. This would have given Tilden
thu vote of CTOnin. a Democratic elector
whose bibulous nose aud the caricatures
upon II gave the country something TO
laugh at for three months. Hill was then
the editor of the OregoniaD. the leading
Republican journal, and also head of the
law firm of Hill, Durham 81 Thompson
all three republicans.
The firm was engaged for fee of $1,000
paid by the Dem ocratic National Commit
tee, to appear before the Supreme Court
of Oregon in defense of CronD's claim to
a seat in the electoral college. This act at
the time was condemned by party man
ayers, and lapse of sixteen years was not
sufficient to obliterate the memory of TAX
ing fee IN cause which, If successful,
would have delivered the country over to
the Democratic party. For this reason
President Harrison declined to appoint
Hill whose legal attainments well quail
fed him for the position.
Thus matters stood for some weeks.
Specials from Washington announced that
neither Hill nor Simon would be ap-
pointed. The Oregon Senators, having
recommended one man, would not present
another.
Judge Gilbert thought no more about
himself for the place than be does now for
the vacant place on the Federal Supreme
bench. a man more modest than b 9 does
not live. He had practiced law in Port
land for twenty years and devoted himself
exclusively to his profession, keeping out
nf fiao Hic
ticularly In late years, but it was mainly
Office practice. Seldom did he get his n anne
into the newspapers He avoided publicity
He belonged to no clubs or secret societies
and never made political speech. His
leisure be devoted TO literature. To the
members of the bar Pc was known as a
frst-clRss lawyer of unimpeachable in
tegrIty and of the judicial temperament-a
man who found in professional work the
means of gratifying bis ambition.
For fifteen years Judge Gilbert took his
daily lunch in downtown restaurant at
table always occupied by himself and a
small coterie of friends. Among them was
Charles j. Reed, member of tie Bohe-
miam Club of San Francisco and one of
the brightest men in Oregon. This little
party every day discussed affairs of state,
local and national. Late in February,
1892, the Oregonian published a special
from Washington, announcing the Pres-
dents determination not to appoint any Of
the men who had been recommended, and
this was the topic for the lunch table that
day. MIR. Reed spoke up: 'If Harrison
has good sense he'll appoint our friend
Gilbert. There's worse men in the peni-
tertiary" The remark was received with
laughter, and for the remainder OF the
meal every enc addressed Mr.. Gilbert as
Judge" and he came in for considerable
chatting.
AS they filed out of the restaurant, Reed
called Mr.. Gilbert aside and said in earn
est: You are just the man for the place,
and you can get it If you are not too mod
est to ask for it," The future Judge
demurred. whereupon Reed said, impul-
sively, 'If you will allow me, I'll get up a
petition before 1 90 back to my office.
strong enough to secure the appoint
meDt." In less than an hour Reed OBJ
tanned number of influential names, and
that evening the petition was mailed to
Washington. Mr.. Gilberts law partner,
Zera Snow. happened 70 be at the national
capital at the time, and took care of the
petition in the Department of Justice.
Inquiry by the President of the Oregon