The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-18
ANOTHER UNFIT NOMINATION.

The president has sent the name Of
Joseph McKenna, his present attorney
general, to the senate for its confirma-
ton of his nomination of that gentle
man as an associate justice of the
supreme court to fill the vacancy caus-
ed by the resignation of Justice Field.
This appointment has been foreshad-
owed for some time. The custom Of the
senate to confirm Immediately the ap-
pointment of a cabinet officer when
transferred to some other position has
been, in this case, suspended, and the
nomination goes to the judiciary COM
nittee with the statement that it will
ret he reported back until after the
Holiday recess. This, it is said in ex-
piaLStiCr, IS iccGuse nominations to
the supreme bench need more careful
investigation than do others.
There is good reason in this case
fer the suspension and for unusual in
vestigation. There are, in fact, two
good reasons. The first is the remark
able course of the nominee as attor-
ney general in his official treatment
of the notorious section % of the Ding
ley act. We have shown heretofore
how, within a month, he completely
reversed himself in his official inter-
probation of this provision. On Aug.
II he approved of the opinion of his
subordinate that the act covered and
subjected to the additional 10 per cent
duty 100000 worth of diamonds import
ed from Europe through Canada; and,
q month later, Sept. Il, he held
that the act did not apply to goods
so imported. The first opinion was a
clearly reasoned, logical construction
of the law; the latter, written by him
self, was so involved and confused as
to call down upon him the criticism
even of organs of his party. The Ell
kins trick of Interpolation had put the
party in hole, and the attorney gen.
eral was charged with the task of ex-
Treating it. He showed himself capa-
Bile of twisting, distorting, concealing,
sophisticating, making a plain provi-
mean it's own negation, solely because
q party emergency seemed to demand
that the law should be nullified. No
man, no lawyer, no attorney general
capable of such disqualification is a
fit man to sit upon the bench of the
court of last resort in this country
Another reason, secondary, and i'm
portant only as it confirms the first,
is the protest sent to the president
from the Pacific coast against the nom
iEation of Mr.. McKenna. Whatever
may be the personal motives inspiring
it, whether, as Mr.. McKenna says, it
is because of unpleasant personal re-
latiOns with the protesters or, as Is
intimated, because he is Roman
Catholic, and the attack is inspired
by the A. P. A, it is remarkable in
the character of the men making 1t.
The protest is signed by Judge Gil
bert, of the United States circuit court
of appeals, and Judge Bellinger, Of
the district court, the former a men,
Der of the bench of that court with
Mr. McKenna when the latter was ap-
pointed to the cabinet, together with
judges of the state courts of the coast
and a large number of attorneys.
After stating their conception of the
Importance of the Office to which they
understood the president intended ap-
pointing his attorney general, the
qualifications needed for it, the pc
culiar facilities a lawyers associates
have for determining his qualities, the
fact that leadership at the bar is won
only by merit, they protest that Mr..
McKenna is fitted for a place on the
supreme bench or for any judicial po-
sition neither by natural gifts, ac-
quired learning nor decision of char
acter." This is a remarkable arraign-
ment 1t took rare courage to make it,
for, if it failed of it's purpose, it an
tagonized a man who would be in
position to make it very unpleasant, to
say the least, for the protesters. The
compulsion Of duty must have been
very strong to induce his associates on
the bench to violate the canons of jul
dicial courtesy. But Mr.. McKenna in
the section % case, has furnished the
strongest confederation of their judg-
ment of his qualifications 1t showed
his lack of decision of character" it
revealed a lack of clearness of mind,
and it betrayed a willingness to bend