Evening star., 1897-02-03
MR.. DAVIS. NOMINATION.
COlOred Lawyers to Endorse His APP
pOintment.

COlOred Lawyers to Endorse His Ap-
pOfntment.
President John NJ. Langston Of the Color
ed Bar Association of the District, has
called a meeting of the association for this
afternoon to take action upon the nomina-
ton Of Mr.. Henry E. Davis to be United
States attorney for the District. The
meeting will be held at 5O31e D street, and
there is little doubt of Mr.. Davis nomina-
tion being heartily indorsed. President
Langston. Mr.. E. NJ. Hewlett, Mr..
Thos. l.. Jones and other members Of the
association are supporting Mr.. Davis.
1t has been reported that Mr.. Davis nom-
ination will be opposed by the dairy in
terests because of his prominent connection
with violators here of the oleomargarine
laws, as counsel for the accused men. But
to Star reporter Mr.. Davis stated that If
he Is confirmed he will prosecute every in
dicted man to the full extent of the law.
While he cannot, perhaps. personally en-
gage In the prosecution of the men now
under indictment, he will nevertheless see
that they are vigorously prosecuted
An interesting question has arisen as to
whether, In the event of Mr.. Davis failing
to be confirmed before Saturday, when Mr.
Birney's term expires, the court can ap-
point the district attorney to act in the
meantime. Section T6s of the Revised
Statutes provides that attorneys of the
United States shall be appointed for q
term of four years, and that their commits
sIons shall cease and expire at the expira-
ticn of four years from their respective
dates Mr.. Birney was commissioned Feb
ruary g. 1898, and his term will expire with
Friday next. Provided Mr.. Davis shall not
then have been confirmed and commiss on-
ed, the question is, can the court appoint
some one to serve until he or some other
person is commissioned?
% of
rides that in case of a vacancy in the Of
flee OF the district attorney within any
circuit, the circuit justice of such circuit
may fill the same, and the person SO ap-
pointed shall serve until an appointment
is made by the President and the ap-
pointee is duly qualified, and no longer
By section go of the Revised Statutes, re-
latirg to the District, it is provided that
the Supreme Court of the District of CO.
| lumbia shall possess the same powers and
exercise the same Jurisdiction as the cir
cult courts of the United States. And the
following section provides that the Justices
OF the District Supreme Court shall sever
ally possess the powers and exercise the
jurisdiction possessed and exercised by the
Justices OF the circuit courts Of the United
States.
The Grief justice of the District Supreme
Court, it is claimed by some members of
| the local bar, is fully authorized and en-
powered by these sections to appoint dis
| trict attorney for the District in the event
| OF such vacancy, while some members
doubt 1t. While it is not, perhaps, gener-
ally known, it Is true, nevertheless, that
with the expiration of Mr.. Birney's term
Of Office the terms of his assistants expire.
| So. in the event of a vacancy In the Office
OF district attorney, there will be, until
| the vacancy Is filled, a complete deadlock
| In the office, much so as If the whole
off1ce force was wiped out of existence.
Becau use CT the doubt existing as to the
power of the District Supreme Court to
make appointment. II is believed that
| the Senate will speedily dispose Of the
| nomination of Mr.. Davis by either con-
firping or rejecting hiU,. There is q gen.
eral belief among the members of the bar
| that he will be confirmed, although they
| expect the silver men to endeavor to de-
| feat him.