New-York tribune., 1900-05-27
LAWYERS OPPOSE HAZEL.
THEY SAY he Is UNFIT TO BE A
FEDERAL JUDGE.
PROTESTS AGAINST CONFIRMATION MADE
BY PROMINENT MEMBERS OF THE
WESTERN NEw-YORK BAR-A
WEAK DEFENCE PRESENTED.


Saw IN regard 10 confirmation OF John r. Hazel
7oninee for Judge OF the Western District of New
York Only part OF the arguments have been pub
ished Those who spoke IN opposition to con-
f-marou Frank Brundage August Becker
charles r. Wheeler. Frank 2. Perkins and Frank
C Ferguson all OF the bar Of Western New-YorH
They opposed confirmation on the ground that Mr.
Hazel had been politician nearly all his life
na5 practically legal experience. Several Of them
oppressed willingness 10 indorse him for politi-
cal office. but said his appointment to a Federal
Eudgeship would he unjust 10 Itlgants and the
bar Thev said they had been in active practice
FOR years ana with one exception had not known
o; 8Ir HazeIs appearance in a court Of record.
Representative Alexander, Spencer Clinton. State
senator Ellsworth. Norris Morey. John L-aughlin
and James Quackenbush spoke in favor of
arrna1ion. They admitted that Mr.. Hazel had no
experience as trtaI lawyer, but said that he had
Office practice, and through the experience he had
gained and the ability he had shown as a political
leader aao demonstrated that he would grow on
The bench They cited Judge Haight as an example
OF a strong Judge who had been almost unknown
lawyer before his appointment. The COM
n.itee took action.
HAZEL As A P6LITICAI BOSS
George (. Matthews, OF Buffalo. introduced Mr..
f3r1sndalEe the first speaker. Judge Brundage
-ai5 than i the United States Judgeship was a po-
i,-cal office ne would interpose objection Nr
a zei iI-ng il, bur, believing that the Office
handed lawyer, rather than politician. OF
peience and ability. he deemed il his duty pro-
s@zels unntness for the place In seventeen years
OF active practice. M Brundage said only
he known Mr.. Hazel to appear counsel in
active attorney in q court Of record.
August Becker read letters from prominent law
rers i1 NsvF-NOrk strongly opposing the
frrnatl0u OF Mr. Hazel The first letter
from Justice L. L Lewis. retired. the Su-
prene Court OF NeW-York. Justice Lewis said that
his entire service in the Supreme Court extend
ing over fourteen years he never had known Mr..
Hazel TO appear in his court Justice Lewis urged
eED DharicaIiy the unwisdom Of making Mr.. Hazel a
Judge Mr. Becker also read letter from Adelbert
Moot known to all those present prominent
lawyer Mr. Moot pointed the inexperience and
untirness Of Mr Hazel, and urgently forth
sons why the appointment should not be confirmed.
A letter from Frank N Loouis, well known Buf-
falo lawyer, stated that Mr. HazeTs profession is
politics. und that he lifted the Office of
United States Judge A letter from William Ma
cOmber. the Buralo patent lawer. read. in
which he opposed Mr.. HazeFs confirmation On the
ground OF unfitness
M Becker presented an affidavit of Frank B.
Steele. former special deputy county clerk Of Erie
County. which showed that in the last ten years.
according 10 a search OF the records. Mr.. Hazel
appeared IN the trial of cases exactly four times
How uany?'' asked Senator Davis.
-Four times" replied Mr.. Becker.
NJ Becker then said that in his active practice
o. eight years at the bar ne had never seen Mr
Hazel court
NET HIN IN COURT ONLY ONCE.
Charles z Wheeler. another Buffalo lawyer who
was admitted the bar two years before Mr.
Hazel, said that IN all that time he had only once
seen Mr.. Hazel IN a trial or in court even on 4
notion he had nothing personal against Mr.
f1Azei. and would gladly give his consent his
aDDofntrners 70 political Office. But the United
SIa0es Court was not a political institution. He
closed with q strong statement was unjust
70 hriganJs and lawyers. the great community
The new judge would represent and to good govern
men- that Mr. Hazel should be confirmed
rank E0a-lrsr De
lawyer. strongly opposed Mr.. Hazers confrrla-
ton He said that Mr. Hazel was an active poll
rtcan, with many personal friends from train
ing and the occupation Of politics he was unquaIi-
fed. Since Mr.. Hazel admitted 20 the bar he
had devoted himself almost entirely to politics and
he had made himself prominent not by law. but
by politics.
John Laughln, on behalf OF Mr. Hazel asked
M Perkins II within years he had not asked
M Hazel 10 become his law partner. Mr Perkins
said he had not; that he had asked Mr. Hazel
10 come 10 his Office. but had never talked with
him about a partnership Mr. Laughin asked if
M Perkins had asked MI Hazel last year 70 be a
candidate for Justice OF the Supreme Court. and
NJ Perkins replied that he had NOT.
Frank c. Ferguson, former Assistant United
States District Attorney in Western New-Yorl1 also
protested against Nj HazeTs confirmation. Mr.
Laughlin asked Mr.. Ferguson if he had ever asked
5Ir. Hazel 10 be Z candidate for Judge Mr.. Fer
gIlson said he never had, and had promised
70 indorse him. but, on the contrary. had refused
United States Judge
M Hazel had been IN the committee room be-
fore the hearing began. but withdrew before the
proceedings opened. Senator Depew, at the
quest Of Mr.. Hazel, appeared during q part OF the
hear.ng. but sat q spectator. and withdrew
fore the close
WHAT HAZELs FRIENDS SAY.
Spencer Clinton. speaking in behalf of Mr.. Hazel,
said IL pleasure ind that the opposition
had been placed plane where ii could De met
The objection 10 Mr. Hazel he said, TO his
competency. and that involved the question OF
wtar makes good judge. de contended that II
AIr Hazel good lawyer, years
be would be first class one If appointed judge,
Please tell the committee what you know Of his
practice" said Senator Pettus.
i was admitted the bar in 1860" said Mr.. Gin
ton after moments hesitation My experience
q latter years mas not been close in contact
with younger men as with some others"
y cali your attention said Senator Pettus.
What do YOU know Of mis- practice2"
! Rave NOT been n contact with him save once
or twice" said Mr. Clinton THAT was in counsel
and nor n trial He has studious habits 70 make
a lawyer. a counsel lawyer. not trial lawyer"
Ar- Clinton explained that there were some good
lawyers VINO We're exclusively counsel LAWYERS not
trial LAWYERS, and cited George Gorham of Buff
fslo.
Us there 4 bar association in F3uNalop' as-ed
Senator Petrus. suddenly.
-dr Quackenbush. Of the Hazel delegation said
that M Clinton president OF the last associa
ZION
The last association sold out on execution
said Mr. Brundage amid laughter Tt was m NAY,
FOR the rent Of yacht 20 down the Niagara
River. That's the kind Of bar association we
have in Buffalo"
Mr.. Hazel would make a good lawyer d" said
AIr Clinton