The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-16
OFFERS HIS RESIGNATION
Justice Coles Proposed Retirement
From the Bench.

The Juri-t Himself Declines to Dis
cuss the Ma.ter-SpeculatiOn as 20
who Shall Succeed Him as n Mem
her of the 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 if he had
anything to say concerning his resigna-
ton Justice Cole declined to either af-
firm or deny the report. Notwithstanding
this 1t is known that Justice Coles resiE
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-
ceptirg his resignation. In any event, 1t
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 will
make 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 a 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 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
that 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-
Versed, 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 to 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
terney. 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-
siIered in connection with the resignation
of Justice Cole is the appointment of his
IL. Il
by the President to succeed Justice Cox,
it 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. it was natural TO suppose that
either Chief Justice Bingham or Justice
Hagner would cause the next vacancy by
resignation. Both these come from out
side the District, and 1t would be sup
posed that their places would be filled by
appointees from some State. Justice Cox
was 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 of
Justice Cole. who is also a District man.
Notwithstanding the statement said to
hsYe been made by the President that the
next appcintee will be a man from one
of the States. it is history that since the
three resident and three nonresident
members-the appointments were always
made SO as to retain this status in the
membership. Under these circumstances
IL would naturally follow that the Presi-
dent will name District man as the sue
ccssor to Justice Cole.
Accepting Justice Coles resignation as
a foresone conclusion. the question of his
successor has been freely discussed by
the members Of the local bar When the
last vacancy occurred on the District
bench there were nearly twenty a.ipi-
rants for the place. Now. however, there
seem to be but four members of the Dis
trict bar considered in the matter. These
are Thomas II. Anderson, District At
torney; Charles r. Scott. a Police Court
judge; Andrew B. Duvall. Attorney to
the District Commissioners, and Benja-
min F. Leighton. The two last named
were spoken Of likely to succeed JUS
tice Cox when he left the bench
If, however, the President appoints a
NONRESIDENT to the vacant Justiceship
either Mr.. Anderson or Judge Scott will
be eligible, as the former retains a resi-
dence in Ohio and the latter in West Vir-
ginia,. In connection with the candidacy
of Judge Scott il is said that he is en-
dorsed by both the United States Sena-
tors Of his State, and also by several
Representatives and other prominent and
influential West Virginians. While Mr..
Andersons name has been mentioned in
connection with the justiceship 1t is said
that he has not made any effort to secure
the appointment IN Iact Wnne IL Is &C
knowledged by many of his friends that
he Is admirably fitted for the position, II
is said he does not desire to be elevated TO
the bench al this time.
Notwithstanding this, IT IS said that n
number OF Mr.. Anderson's friends are at
work not solely in an effort to have him
elevated to the bench but also to per-
suade him to accept the nomination Mr.
Andersons decision in the matter will. ii
IS said, have great deal to do with the
action Of the President in naming n Sue
cessor to Justice Cole. In any event,
however. Ii is generally conceded by those
who have been giving the matter their
consideration, that If the President names
a resident Of the District to succeed JUS
tice Cole, the appointee will be one of the
four persons above mentioned.