The times. [volume] (Richmond, Va.) 1890-1903, 1900-08-22
Two of the AbIest Of Virginia Ear
risters the Executives Choice.
JUDGE MANN MAY MAKE A FlGH1 I
1t is Generally Conceded! I hat he Not
tcway Lawyer Could Easily Win
in Democratic Caucus-Ihe
Funeral of Judge John
". Rely VIII Take
Place To-Day.
Special Dispatch to The Tines.)


EAST KADF2ORD, VA, August A-
Governor Tyler viii tomorrow tender tle
appointment to MI the vacancy on the
appellate bench by the death Of Judge
Rely to Hon. A. A: Phlegar, of Chr.s-
tansburS. Some of Mr.. Phegar's friends
think there is some doubt about his ac-
cepting- Should .se decline, Judge Stafford
G. Whittle, Of the Fourth Circuit, will
very probably be rendered the position.
There is profound sorrow here because
OF the death of Judge Rely, and the bar
viii assembly tomorrow to pass suitable
resolutions.
Under the law the Governor only ap-
points n man to serve in the place OF
Judge Rely until the Legislature shall
have elected his successor. Mr.. PhleGar.
who Will be rendered the appointment by
Governor Tyler to morrow, is not only
lawyer of marked ability but has long
been one of the Governors most devoted
friends He is a man of broad knowledge
of the law, and is regarded as in every
way qualified for the high office vacated
by the death of Judge Rely. Mr.. Phlesar
was a candidate for the bench at the last
election.
Judge Whitte is also a, distinguished
member Of tlla bar and an able lawyer.
He has figured in a number of important
cases and has been an eminently success
full practitioner He is a fin man and
has a large following Of strongest friends
who would be delighted to see him ele-
vate1 to the Supreme bench of the State.
The funeral of the late Judge John W
Ricly, of the Court of Appeals. will take
place from St Johns Episcopal Church
ir Houston at II o'clock to-day. Rev.
Ian(Ion r. Mason of Grace Church, Rich
mond, will oticate.
Clerk George Keith Taylor. of the Court
of Appeals. is away on his vacation. he
is at All-Healing Springs, several miles
from any telegraph office, and could not
! be reached. Judge Cardwell was advised
bv his physician not to take the trip, for
| his health is not good, and he would have
had to travel at night in order to reach
Houston this morning. 1t is probable
that Judges Keith and Harrison have
gone direct from their home to Halifax
county.
The death Of Judge Ri1Fy and the ap-
| po;ntment OF his successor may change
| the political situation in the Democratic
| party, as far as the contests for State
| Offices are concerned.
A STRONG NAN.
Judge William Hodges Mann, of Motto
! way. will have a powerful backing for
| the place. He made q good run when the
| Judges were chosen in the winter of 1S92-
| '9i The Legislature gave to each of the
| FIVE grand divisions Of the State a Judge
Judge Mann comes from the same
section as Judge Rely.
! Judge Mann, who is a member of the
| State Senate, supported Nj. Martin for
| United States Senator over Governor Ty
| ler Whether or not this will have any
| weight VITA the Executive in deciding the
| question is rot known, but II Is pre-
sumed that, all things being equal,
| the Governor would prefer TO give the
| place to one of his political friends.
1t is conceded generally that Judge Mann
| could easily win in the caucus of Demo-
| cratic members of the General Assembly.
! He is a lawyer OF distinction; a gentleman
| of unimpeachabie character, and is one of
| the most popular men in the Legislature.
| No matter who may be appointed by the
| Governor if Judge Mann wants to go
! on the bench his friends Will make the
| fight for him. He will have behind him
| the powerful influences that arr at work
| for Serator John L. Jeffries for Attorney
General. Judge Mann is at present q
candidate for that Office and il will be
to the interest of the Jeffries people to
get him out of the way. 1t would not be
surprising If a petition signed by a large
majority of the members OF the General
Assembly should be presented to the Gov
! ernor, asking for the appointment of Judge
Mann.
The Legislature will NEST in extra ses-
sion within the next few months, and ths
Governors appointee will not have long
to serve, unless he shall be SO fortunate
as to win out for the unexpired term.
The appointment Of Judge Mann would
necessitate his withdrawal as one of the
Democratic candidates for elector-at-large.
The State Democratic Committee would
Ill the vancancy thus occasioned.
THE ATTORNEY-GENE
Acknowledgement Montague has been
spoken Of as a good man for the bench
and the name Of Hon. William P. McRae
of Petersburg. the chairman of the Com
mittee fer Courts Of Justice of the House
OF Delegates, has been mentioned He is
young man of marked ability. and in the
opinion of some of the best lawyers in
Richmond, no better selection could be
made.