The times., 1901-04-16

cuss the Matter-SpeculatiOn as TO
who shaiI succeed Him as n Mem
,.r os t,p district Supreme Court. /
Charles c. Cole. has rendered TO the |
President his resignation as an associate |
member of the Supreme Court OF the |
District When asked last night II he ma" /
anything to say concerning his resigha-
ton Justice Cole declined to either af-
firm or deny the report. Notwithstanding
this. it is known that Justice Coles resig-
nation is in the hands of the President
who has not, as yet, taken any action In
the matter In this connection, it is
said that the President desires to confer
with Justice Cole, with reference to the
appointment of his successor before ac-
centirg his resignation. In any event. II
is also said, the vacancy will not
occur until the first of next month.
While Justice Cole declined to discuss
the matter last night. he said that IN
few days, perhaps today. he WIN
make a statement. At present, he said, 1T
is impossible, under the circumstances
for him to say anything definite regarding
his resignation. Lately, he said, he had
been talking of resigning and this no
doubt gave grounds for the report How
ever, he had said nothing positive about
the matter. and will not, until today, or
some time later.
Justice Cole was elevated to the District
bench on January 2S 1893. and is the fourth
District man appointed member OF the
Supreme Court since its organization
Before being appointed a member of the
Supreme Court bench, Justice Cole served
as United States Attorney for the Dis
trict and was succeeded by Arthur A
Birney. About a year ago it was reported
that Justice Cole was considering the
matter of resigning from the District
bench to take up the practice of his
brother. w. Lyman Cole, who died about
shat time His resignation, now, as well
as at any other time will be great loss
10 the District court. He is considered
one of the ablest jurists in the
District. Since his elevation to the
bench he has presided at many import
ant trials and Investigations in the differ
ent branches of the Supreme Court. and it
is seldom that his decisions have been re-
verscd. or modified by the higher courts.
when the report of Justice Coles resig
nation first became current it was said
10y many Of his friends that it was his
intention 10 accept the position of Special
Assistant District Attorney for the United
States and would look after the interests
OF the Government in the Potomac Flats
cases. Thomas II. Anderson, District At
ternev. who AT present is looking after
this matter for the Government, however,
declined TO say whether or not this was
true.
Another important matter TO be con-
si.iered in connection with the resignation
nf Justice Cole is the appointment of his
successor When Job Barnard was named
by the President to succeed Justice Cox
il is said that he at that time stated that
the next appointment would go to a man
from beyond the District. At that time
however. il was natural TO suppose thai
either Chief Justice Bingham or Justice
Fagner would cause the next vacancy by
resignation. Both these come from out
side the District, and it would be sup
posed that their places would be filled b,
appointees from some State. Justice Co
was a resident of the District and his sue
cessor. Job Barnard, is also a local man
The situation, however, becomes some
what complicated by the resignation o
Justice Cole who is also a District man
Notwithstanding the statement said Z
have been made by the President that IN
next appontee viii be a man from On
Of the states it is history that since tn
court became equally divided-that Is
three resident and three non-residen
rembcrs-the appointments were AWAY
made 50 as 10 retain this status in TIA
membership. Under these circumstance
IL would naturally follow that the Pres
dent will name q District man as the sut
Cessor TO Justice Cole.
Accounting Justice Coles resignation 2
= fore5sone conclusion, the question Of n
successor has been freely discussed =
the members of the local par; W nSn It.. !. y
last vacancy occurred on the DistIH
bench there were nearly twenty asp
rants for the place. Now. however, the
seem TO be but four members of the IN
trict bar considered in the matter. The
are Thomas II. Anderson, District A
torney. Charles r. Scott. a Police Cou
judge. Andrew y. Duvall, Attorney
The District Commissioners, and Beng
min F. Leighton. The two last name
were spoken Of as likely to succeed Ju
tice Cox when he left the bench.
If however, the President appoints
nonresident TO the vacant Justlcesh
either Mr.. Anderson or Judge Scott "
be eligible. as the former retains a ref
SIence in Ohio and the latter in West VI
ginia In connection with the candida
Of Judge Scott il is said that he IS e
dorsed by both the United States Sen
tors Of his State, and also by sever
Representatives and other prominent a
influential West Nirginians. While
AndersOfl's name has been mentioned
connection with the jUsticeship u is So
that he has not made any effort TO secu
the appointment. In f2ct. Whlie IT Is
knowledged by many OF his friends III
he Is admirably fitted for the position.
is said he does not desire TO be elevated
Jhe bench at this time.
Notwithstanding this, it IS said that
number or Mr. Anderson's friends are
work not solely IN an effort to have h
elevated to the bench but also to p
suade him to accept the nomination. !
Anderson's : decision in the matter viii.
IS said. have a great deal 10 do with
action Of the President in naming 81
cessor 10 Justice Cole Ia any eve
however, ft is generally conceded by tn
who have been giving the matter I'll
consideration that If the President nan
"a resident Of the District 10 succeed J