The times. [volume] (Washington [D.C.]) 1897-1901, 1901-05-12
A JUDGESHIP MIX-UP.
4 Mistake Nearly Caused the Wrong
Mans Confirmation.

ttron the SATURDAY Evening IoatJ
Late in the year 1900 it was decided by
the powers that be that Daniel II. McMil-
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 1900, with Governor
Otero, of the Territory, Mr. Mcmillan was
ON a 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 70 the vacant Judgeship
Mr.. Mcmillan, the morning OF his arri-
val in the Capital, went at once to the
i>ofiice Of the Secretary of War.
How did 1t happen l was not appoint
why, said Mr.. Root, you are appoint
edr'
Why said Mr.. Mcmillan. you are
mistaken" and he drew from his pocket
I the Cleveland newspaper Of the day be-
fore. Secretary Root turned all colors
This is a mistake" he said; IAN absurd
strange mistake. for / have it from the
Mr.. 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 Griggs
But you have been given the appoint
ment," said Mr.. Griggs.
Then what does this newspaper report
meanE" was thereby.
The Attorney General was dumbfound-
ed. Il cannot conceive what ii means
he said. He tapped his bell. and when
mcsse ager came in response he requested
the attendance of the clerk. in coufiden-
tiai relations with him. whose duty it is
to fiji in, upon appointment blanks, the
names Of those who are designed for APP
pointments by the Executive.
The clerk appeared. MIR. 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"
Il win look" said the clerk. He soon
returned with memorandum slip in his
hand.
MIR Alexander" he said; the man
from Buffalo"
Then a gllmmering Of the truth dawned
upon the group. Are you sure said At
torney General GriBgs, that the name
was not McMillan?'
Certainly" was the reply; the name
The situation was remarkable and time
was important.
The President OF the United States had.
inadvertently. by the error of q subordf-
nate, been made 10 set aside the man
whom he had Intended to name
There came pause. Mr.. Griggs broke
the silence.
We'll. gentlemen" he said, the fat is
in the FIRE but we must get il out NY
subordinate has made this mistake and /
must do my best to get IL rectified and
perhaps the fault is partly mine for |
told him to fill 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 frc.s Buffalo. thought that he was
to be the ftpttointee.
And so tpe.three men went 10 the Presi-
dent and explained matters: and as a con-
sequence a messenger. preceded by a tele-
phone message. sped rapidly toward the
Capitol with instruction to seek immedi-
ateiy the leader IN the Senate and prevent
any action on the mistaken nomination.
and to make the statement TO that leader
that 1t 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 Sem
ate and the viii OF the President Of the
Republic would have been defeated