The times., 1899-07-09
The VACANT JUDGESHIP
Opposition VIII Be Made TO Mr..
Davis Appointment.
MnttinGly and Cnrusi Practically
Out of the Racc-The President Ia
dicatcs He Wants Younger Man
Politics Entering Into the Contest
A. ID. DuvaIi's Name 10 BE Presented

IL "
seems well authenticated, that President
Mckinley is looking for a young man to
name as the successor TO Walter s. Cox as
an associate justice Of the Supreme Court
OF the District. This practically side
tracks both William F. Mattingly and Eu-
gene Carusi in the race for the vacancy
The fact that Mr.. Mckinley is desirous OF
having the names of some of the younger
members Of the District bar submitted to
him for consideration caused meeting
TO be held of number of the members OF
the local bar yesterday afternoon at the
City Hall. The meeting was called o.
rather agreed upon by the friends OF
United States District Attorney Henry E.
Davis. There were quite a number of the
members Of the bar present and when the
question came TO a vote they were almost
unanimous in their endorsement of the
proposition for the appointment of COM
mittee to urge the appointment of Mr.. Da-
Wis to fill the vacancy caused by the retire
ment of Justice Cox.
The meeting was presided over by James
E. Padgett, with Charles w. Clagett act
ing as secretary The purpose was stated
sire Of number of Mr. Davis friends that
his name should be submitted to President
Mckinley for consideration in connection
with the appointment. With this purpose
in view he, Mr.. Baker, moved that COM
mittee Of five members of the bar be ap-
pointed by the chair to present to the
President Mr.. Davis fitness for the posi-
tion.
The motion was opposed by Messrs. J. E.
m q u 1afr y
all young members of the District bar and
friends of both Mr.. Davis and Mr. Carusi
1t was urged by these gentlemen that it
would not be proper at this time, espe-
eially as Mr.. Davis was pledged to the
support of Mr.. Carusi, TO ask for his ap-
pointment TO the Office for which he is
favoring another candidate. In the course
of his remarks Mr.. Merilatt stated that
he had called upon the President yester-
day in the interest OF Mr. Carusi and that
Mr.. Mckinley said he would like TO have
the names Of some Of the younger members
OF the local bar submitted.
AT this stage of the discussion some one
stated that Mr.. Mckinley had intimated
that he desired that the names of some of
the prominent members Of the bar rang
ing in age from forty to fifty years or even
fifty-ive, should be submitted Mr. Mer-
Hiatt then offered an amendment to the mo-
. ton OF Mr.. Baker, TO the effect that the
proposed action be taken provided that
Mr.. Mckinley decides not to appoint any
one to the vacancy who is over sixty years
OF age The amendment was defeated al
most unanimously.
Assistant District Attorney Ashley NJ.
Gould also TOOK a prominent part in the
discussion. maintaining that Mr. Davis
pledge TO Mr.. Carusi could and in no way
should deter the friends of the former
from taking such action In reference to
urging his appointment to the position as
they deemed proper and timely The mem
bers who opposed the action taken by the
meeting announced that they are pledged
TO Mr.. Carusi.
Two or three others favored delaying ac-
tion on the proposition until next week.
when, il was claimed, in all probability.
Mr.. Davis would be endorsed by a larger
membership OF the District Bar Associa-
tion- All other propositions which sug-
gested delay, however. were voted down.
Among the others who took part in the
discussion were Alexander Wolf George
c. Meigs, E. S. McCalmont. Franklin n.
Maekey, and Wharton E. Lester.
When vote was called for on Mr. Ba-
ker's motion an amendment was offered
Increasing the number of the committee
from five to seven members The amend
ment was adopted and the following were
named by the chair as members Of the
committee; James E. Padgett. Chairman:
E. H. Thomas, Wharton E. Lester, D. W
Baker, Charles W. Darr, Alexander Wolf.
and E. B. Hay.
After the meeting adjourned the commit
tee decided 10 call upon President MeKin-
ley tomorrow morning and urge the ap.
pointment OF Mr.. Davis.
a delegation, consisting of United States
District Attorney Henry E. Davis, Clar-
ence z. Norment, MRhlon Ashford c. Maui
rice Smith. William ]. Miller, Charles ].
Bell, and Lewis J. Davis, visited the
President yesterday in the interest Of Eu-
gene Carusi, who is strongly endorsed by
members of the District Bar Association
for the vacancy.
Each one of the delegation made
strong plea for Mr.. Carusis appointment.
The President listened attentively, and
said that he intended to give the place 10
q local man. Both Mattingly and Carusi,
he said, were strongly recommended, but
be would prefer to appoint younger man.
While up to this time apparently no poll
itics has been injected into the fight for
the vacant justiceship. 1t is believed that
Mr.. Davis nomination by the President
Will be strongly opposed by prominent Re
publicans in the District and IN the United
States Senate.
II is recalled that when President Cleve-
land sent Mr.. Davis name to the Senate as
United States District Attorney that body
refused to confirm him. There were sew
eral reasons assigned for this, and ii is ar
gued that IL MIR. Mckinley should appoint
him TO the vacant judgeship the same and
possibly other objections will be urged
against his confirmation. Mr.. Davis, il will
be remembered, was finally appointed Dis
tricJ Attorney by the judges of the Su-
preme Court Of the District, authority
having been given them by a special act
of Congress, that the Office might be filled
before Mr.. Cleveland's term expired he
having declined to make another appoint
ment after the refusal OF the Senate TO
confirm Mr.. Davis.
II was stated at the time when Mr..
Cleveland appointed Mr.. Davis that it was
a reward for his political services in op-
posing the election Of the Democratic tick