The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-12-04
WOULD ROB
MCKENNA OF
THE ERMINE
The Attorney-Generaps Cali
fornia riends Come to
His Defense.
His Opponents Will Ask the Bar to Oppose
Him, but Many Eminent Lawyers
Say He Is the Man for
the Place.

The startling news that some of the
bench and bar of Oregon have taken a
bold stand against the appointment OF
Judge McKenna TO the Supreme bench
was the one theme of conversation in
legal circles yesterday.
Wherever one went the subject was
freely discussed. There was great deal
of criticism directed TO the Federal
Judges for going out OF their way TO inter
fere in the matter, but the antipathy of
Judge Gilbert proved no surprise to those
conversant with Federal. gossip in this
city and elsewhere.
When the story of the protest became
known around the Federal building it
was asserted that Judge Gilbert was the
prime mover in the whole affa and his
animus was freely commented upon. 1t
was known that he and Judge McKenna
had b9en at outs ever since the Sawyer
episode, and that the arrangement and
bitterness OF feeling on the part of Judge
Gilbert had been in;en sitied by his failure
to have S. {. Houghton apponted Mas
ter in Chancery, the incumben;, Judge
Heacock, being the friend of McKenna.
1t Is well known IN f, deral circles,
among tie polite ans and Gle *, that the
first bad feeling between Judge McKenna
and Judge Gilbert arose over the d .sposi-
ton of the spoils of office. The story one
most frequently hears about the corridors
of the big red building is that Judge Gil
bert was a stanch friend Of Clerk Sawyer,
while Judge McKenna was IS strongly in
favor of Colonel Costigan. FINALLY Jud e
McKelna had a law passed-As a rider to
some appropriation bill, some say
whereby he was given power TO disr ose
of the clerkship here, ana Judge Gil bert
was given the same power over the clerk
ship in his district. The office was small,
but the episode was pretext enough for
pretty broad quarrel In this connection
it is said taat Judge McKenna's commits
sion was a few days older than that of
Judge Gilbert. This gave him some adj
vantage of priority and caused harsh
feeling on the part OF Judge Gilbert.
John I. DoyIeand William S. Chapman
are sale to be the most active men in the
opposition here NJ. Chapman says he
never saw Judge McKenna in his life; that
he is animated by purely patriotic
motives. because he does not believe the
man has the ability demanded by the
place.
1t is rum ored that meeting of the bar
will be called to take action on the matter
in this city at an early date. As for cast
ing what that action will pro ba biv be the
following interviews shed some light,
though most OF the lawyers seen declined
TO be quoted relative to the appoint
ment:
United States Circuit Judge Morrow
said: Il did not sign protest" Beyond
that he. declined 10 speak. He did not care
to say anything regarding the subj ct
matter of the protest.
United States District Judge de Haven
said that he had no. signed the protest.
and did not think it would be proper
to say anything regarding the subject at
issue.
United States Attorne v Foote was not
at all timid about expressing his OF inion.
He said: / have not signed a protest
and l would not say a word against Judge
McKenna to save my life, and | have no
reason 10 say anything against him. l
have found him TO be a gentleman and II
man OF abiIi Y, ana l have always seen
HIM susi ain himself properly. On the
o her hand it would be b ghly improper
for me 10 interfere in the matter, even II
/ felt that had cause TO do so. The ap-
pointment is the business OF the Pres
dent and not mine, and il would be highly
disrespectful for me TO interfere by way of
protest or otherwise. | would not want
to say word 1ainst any man from Cali
fornia who is aspiring TO political posi-
ton. President Mckinley is well &C.
qua inted with Jud re McKenna and has
had experience OF him as Attorney Gen
eral. l esteem Judge McKenna as a m n
of honor and charac er and comp etent for
the position. would not sign a protest
against my bite est enemy in a case of
that kind. Mr.. McKenna has done moth
ing against California that this acton
should be taken against him."
Assistant United States ATTORNEY Sam
uel knight said that he hal not appended
his name to the protest of JUDGE Gilbert.
He said: Il bell We Judge McKenna to be
a man of great deal of ability. He is
quick to grasp the points of case that is
presented before him. He is conscen-
tious in his work, and above even the sus-
plc0n of unfai-ness. In all my relations
with Judge McKenna as an officer of the
Government prosecuting cases in his
court, L have every reason 10 feel satisfied
with his judicial determination of the
questions that were brought before him."
Deputy United States Attorney Bert
Schlesinger said: "No. sir; / did not sign
the protest, and l certainly would not 1
think that Judge McKenna has the moral
and the legal ability neces airy and is we'll
qualified for the place. II is not good
policy TO oppose his preferment. His
record on the bench is a good oae in all
respects and his decisions are sound. His
abilIty has been recognized by the people
of this State"
Judge Heacock, Master IN Chancery and
Court Commissioner, was indignant when
the question was asked him. ''No one
has had the assurance to ask me to sign
any such paper. knowing the relations
that exist between Judge McKenna and
myself. / consider him a man of broad
mind and perfectly compe tent for the
position. He will do honor to the State
OF California when he takes his seat on
the Supreme bench of the United States"
Chief Justice Beatty-It is a delicate
matter for me 10 discuss. Personally have a