The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1901-05-24

How the Man Slated For Associate
Justice of New Mexico's Supreme
Court First Got "A Surprise and Aft
erward the Office.
Late in the year 1900 it was decided
by the powers in Washington that Mr..
Daniel II. Mcmillan, ex-state senator
of New York and for many years gen
eral counsel in the city of Buffalo for
the Vanderbilt system 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 law
yers of Santa Fe and of other cities in
New Mexico who knew of him and Do.
sired to see him obtain the place.
Toward the close of 1900, with Gov
ernor Otero of the territory, Mr.. Nc
MILAN was on Lake Shore train
speeding toward Washington. When
the train stopped at gainesville, o.,
newsboys boarded it, and one of them
called out: "All about the new supreme
court judge of New Mexico. Silas
Alexander appointed" The governor
of the territory and Mr.. Mcmillan look
ed at each other, and they bought a
paper. and in that paper they read in
giaring headlines that Silas Alexander
of Santa Fe had received the appoint
ment to the vacant judgeship.
Mr.. Mcmillan the morning Of his ar
rival in the capital went at once to the
Office of the secretary of war.
How did it happen l was not ap-
pointed?" he asked.
why" said Mr.. Root you are ap-
pointed"
"Why," said Mr.. Mcmillan, "you are
mistaken" And he drew from his
pocket the Cleveland newspaper of the
day before Secretary Root turned all
colors. ''This Is a mistake" he said;
ian absurd, strange mistake, for have
1t from the presidents own lips, cor
roborated by Mr.. Griggs, attorney gen
eral, that your name was sent yester-
day 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 Griggs.
But you have been given the ap-
pointment," said Mr.. Griggs.
''Then what does this newspaper re-
port mean" was the reply.
The attorney general was dumfound-
ed. ~ cannot conceive what it means"
he said. He tapped his bell, and when
a messenger came in response he re-
queSted the attendance of the clerk in
confidential relations with him, whose
duty it is to fill in upon appointment
blanks the names of those who are de-
signed for appointments by the execu-
tive.
The clerk appeared. "Mr. Blank"
said the attorney general, find out at
once whose name was sent yesterday
to the senate with the recommendation
by the president that he be appointed
associate justice of the supreme court
of New Mexico"
II will look" said the clerk. He soon
returned with memorandum slip in
his hand
"Mr. Alexander" he said-"the man
from Buffalo"
Then glimmering of the truth
dawned upon the group. care you
sure" said Attorney General Griggs.
'that the name was not McMillanY
Certainly" was the reply. 1.-THE
name was Silas Alexander"
The situation was remarkable, and
time was important.
The president of the United States
had inadvertently, by the error of
subordinate, been made to set aside the
man whom he had intended to name.
There came a pause. Mr.. Griggs
broke the silence.
''Well, gentlemen" he said, ''the fat
is in the fire, but we must get it out.
My subordinate has made this mistake,
fed, and perhaps the fault is partly
mine, for told him to fill in the name
of the Buffalo man. and he. probably,
seeing the name Alexander and identi-
flying it with the congressman of the
same name prominently known in
Washington as coming from Buffalo,
thought that he was to be the APP
pointee."
And so the three men went to the
president and explained matters, and
as a consequence a messenger, preced-
ed by a telephone message, sped rapid
ly toward the capitol with instructions
to seek Immediately the leader of the
senate and prevent any action on the
mistaken nomination and to make the
statement to that leader that it was
withdrawn.
The messenger arrived just as the
senate was about to take action, and if
the telephone had been relied upon the
nomination OF Silas Alexander would
have been confirmed by the United
States senate, and the will of the pres
ident Of the republic would have been
defeated Saturday Evening Post.