The herald., 1897-12-03
DIL-UTI0N is NOT DESIRED
I'M QUALITY OF THE SUPREME
COURT
By Natural Gifts or Acquired Learn
ing McKenna Asserted to Be
Not Qualified for
Judicial Place
Special to The Herald.

Special to The Herald.
PORTLAND, Ore. Dec. "A petition
to the president and senate that Nc
Kenna ought not to be appointed or con-
firmed as justice of the supreme court
has been circulated in this city for the
past day or two and was last night for
warded to Washington. 1t has been
signed by federal and state judges and
by prominent lawyers of this city to the
number of about fifty
1t is understood that the bench and
bar of California and Washington have
taken similar action.
The petition says:
1--WE, members of the bench and bar Of
the state of Oregon and district of Ore
gon, respectfully represent to the presi-
dent of the United States and to the
senate in congress assembled, that Nc
Kenna, attorney general of the United
States, ought not to be appointed or con-
firmed as justice of the supreme court.
Such office Is of life tenure and the high
est known to the profession of the law
and to the system of jurisprudence of
this country, and necessarily ought to
be held only by one who, in learning,
intellectual ability and determined char
| acter has shown himself to be among
the few of the most eminent of the legal
profession and capable Of executing the
great trust placed upon him and Of
maintaining the character for ability
and independence which has made the
supreme court of the United States one
of the first, if not the very first, Of the
tribunals of the world.
1--WE submit that rather than dilute
the high quality of this court it would
be better that some one be selected not
from the Pacific coast; but we believe
there is abundance of material on this
coast from which to make selection.
I'VE particularly submit that the COM
mon reputation of any man among his
professional brethren is a just and sure
guide to his worth. 1t is always known
who are the leaders of the bar, either in
the country at large or in the locality.
and it is as certain as any human rep
utation is certain that the acknowledged
leader of the learned profession deserves
the leadership accorded to him.
Hon. Jos. McKenna's common repu-
tation among his legal brethren, or
among his judicial brethren, has not
accorded him high place; but on the
contrary, though many who estimated
IL. .afr ira
sion of opinion, the consensus of opinion
has been, and is, that he is not, either
by natural gifts, acquired learning, or
decision of character, qualified for any
judicial place of Importance, much less
for the highest place in the land.
"His life record as barrister, politi-
clan, Judge and attorney general is ac-
cessble and should speak for itself; but
believing that the estimate of him by
members OF the profession to be test,
and believing that we of that profession
owe it to ourselves and to our country
no longer to keep silence, we, acting
without malice, without personal feel
ing, and without preference for any par
ticular Individual, earnestly protest
against the appointment or confirmation
of Joseph McKenna as justice of the
supreme court of the United States"
1t is stated on unquestiOned authority
that the Judge of the United States court
for the district of regon, and member
of the court of appeals, and three circuit
court judge signed the petition.