The times., 1901-05-12
A JUDGEsHIP MIX-UP.
4 Mistake Nearly Caused the Wrong
Mans Confirmation.
80 - saturdav Evening 20 J

(From the Saturday Evening Post)
Late in the year 1909 it was decided by
/ the powers that be that Daniel II. AlcMil-
/ Ian. ex-State Senator of New York and
: for many years general counsel, in the
: city Of Buffalo. for the Vanderbilt sys-
tenn Of railroads. was to be appointed
Associate Justice Of the Supreme Court of
: New Mexico.
/ This appointment had been urged not
only by those who knew Mr.. Mcmillan in
the State of New York, but by lawyers Of
( Santa Fe and OF other cities in New Mex
leo. who knew Of him ana desired to see
him obtain the place.
Toward the close of 1890. with Governor
/ OJero, OF the Territory, Mr Mcmillan was
I on q Lake Shore train speeding toward
( Washington. When the train stopped at
gainesville, Ohio, newsboys boarded it.
/ The Governor Of the Territory and Mr.
Mcmillan bought a paper; and in that pa
! per they read in glaring headlines that
( Silas Alexander, Of Santa F'e, had received
the appointment to the vacant judgeship.
/ Mr.. Mcmillan, the morning Of his arri-
. val in the Capital, went al once to the
F<office Of the Secretary Of War.
/ How did it happen 1 was not appoint
( ed he asked.
/ why, said Mr. Root, you are appoint
/ why" said Mr.. Mcmillan, you are
( mistaken" and he drew from his pocket
+ the Cleveland newspaper Of the day be
/ fore. Secretary Root turned all coi0rs.
/ rms Is a mistake, ne Sald' an absurd
strange mistake, for / have it from the
President own lips, corrObOrated by
MIR. Griggs, Attorney General, that your
name was sent yesterday to the Senate
for action and that the recommendation
was duly signed by President Mckinley"
Then the men went to the State, War
and Navy building and found Attorney
General Grggs.
But you have been given the appoint
ment said Mr.. Griggs.
"Fhcn what does this newspaper report
I meauE' was thereby.
The Attorney General was dumbfOund-
cd. Il cannot conceive what it means
he said He tapped mis- bell, and when a
messenger came in response he requested
the attendance of the clerk, in cOniiden-
tiai relations with him. whose duty it is
to fill in, upon appointment blanks, the
names Of those who are designed for ap-
, pOintments by the Executive.
The clerk appeared. Mr.. Blank" said
the Attorney General, find out at once
whose name was sent yesterday TO the
I Senate with the recommendation by the
President that he be appointed Associate
Justice Of the Supreme Court Of New
i win look" said the clerk. He soon
returned with q memorandum slip in his
hanG.
Mr.. Alexander" he said; the man
from Buffalo
Then a glimmering Of the truth dawned
upon the group. Are you sure, said At
torney General Griggs, that the name
was not Mcmillan
"cerrttainly," was the reply; the name
The situation was remarkable and time
1 was important.
The President Of the United States had
( inadvertently, by the error Of q subordi-
/ nate, been made 10 set aside the man
/ whom he had intended to name
! There came pause Mr.. Griggs broke
/ the silence.
'WeH, gentlemen he said, the fat is
! in the fre, but we must get it out NY
subordinate has made this mistake, and I
must do my best To get il rectihed and
: perhaps the fault is partly mine. for /
( told him 10 iiil in the name OF the Buff
falo man, and he, probably seing the
name Alexander and Identifying It with
the Representative OF the same name
prominently known in Washington as
coming from Buffalo, thought that he was
to be the appOintee.
And so the three men went TO the Prcsi-
dent and explained matters; and as a con-
sequence messenger, preceded by tele-
! phone message, sped rapidly toward the
| Capitol with instruction 10 seek immcdi-
ately the leader in the Senate and prevent
! any action on the mistaken nomination,
! and to make the statement to that leader
! that IL was Withdrawn.
The messenger arrived just as the SEN
| ate was about to take action, and If the
/ telephone had been relied upon the nOmi-
! nation OF Silas Alexander would have
| been confirmed by the United States Sen
/ ate and the VIII OF the President of the
| Republic would have been defeated.