Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-05-28
A Local Judge by ALI Means.


Every consideration demands the appoint
ment of District man to succeed Justice
Bradley on the District Supreme Court.
Whether the appointment be regarded as
national territorial or local. the traditions,
the circumstances and the equities agree
10 urge such a selection.
In the appointment of federal Judges in
the states the rule obtains that they shall
be chosen with reference to their residence
within the Jurisdiction of the court. This
require ment IS based upon the assumption
that they should be familiar with the con-
ditions covered by the courts authority.
The first suggestion of violation of the
rule arouses opposition among all classes
interested in maintaining the efficiency of
the bench.
When territorial judges ara appointed it
Is sometimes impossible for the executive
to judge accurately. owing 10 the long dis
lance intervening between the locality and
the capital. of the relative merits of MEM
bers of the local bar. natural aspirants for
the appointment and in some instances the
territorial bar Is weak IN judicial ma terial.
Therefore the President has on exceptional
occasions dsregarded the home rule plank
of his partys platform and gone beyond
the territorial boundaries to appoint men
of high standing with whose qualifications
he is personally familiar. or who are
strongly recommended to him by those in
whose Judgment he has confidence.
But in the case Of the District. if its
Supreme Court be regarded as terrific
rial. there is no possibility of a lack of good
materials or of knowledge by the appoint
Ing power of their relative merits. The
same atmosphere which surrounds the
bench and bar of the District surrounds the
President Most of the men considered as
possibilities are or may easily become per
sonaIIy known to him. The bar Is I'M
usually large and exceptionally able. The
community is gifted indeed. with legal and
judicial talent of the very highest order.
poor appointment Is impossible by con-
scientious executive.
In the case in point. the Presidents en-
barrassment IS only one of riches. Three
names are presented from which he is urged
to select one The friends of Messrs. Could
DyIvaIl and Leighton have conducted an
amicabIe campaign, utterly devoid of bitter
Uess or criticism. Each group of tudorsers
has had only pleasant words for the other
candidates There Is no such wrangle as
would warrant the President in going out
side for a judge merely to solve local
tangle
As TO the abilities of the men named to
the President nothing better could be de-
sired. Mr. Leighton is president of the Bar
Association. highly esteemed personally and
professionally. Mr. Duvall is District So
Ncitor and thoroughly familiar with the Dis
trict's legal traditions. Mr.. Gould is Dis
trlct attorney and competent from every
G.irr of Cor
two Of the men. Messrs. Leighton and Du-
vail, were named by members of the bar
when Justice Cox retired and his successor
was chosen Together with Mr.. Barnard.
eventually appointed, they were placed III
lection Of any one of the three would be
satisfactory to the community.
The reasoning which considers residence
as d qualification in the case of appoint
ments to United States and territorial Judge
ships. whose salaries are paid by the nation,
is terfoIn stronger in the case of the Dis
trfct Judges wnS are semi-local, semi-na-
tionaI and half of w7lysr salaries is paid
from The local taxes.
Even before the District paid half of the
expenses Of the Supreme Court of this iuris-
diction 1t was granted, as equitable, ap-
the local bench
The latest appointments have followed
this rule or custom. When Justice Cox a
District man. retired. Justice Barnard. a
District man. was chosen in his stead
When Justice McComas. a Maryland man.
resigned. Justice Clabaugh. Maryland
man. was named as his successor When
Justice Cole. a District man, resigned. JUS
= AY,.T
was chosen in his place. Justice Bradley
was a District man in every sense of the
word. and his place should be filled by no
other than a District man.
The bench was evenly divided as to the
geography Of appointments before Justice
Bradley died. Justices Bingham Of Ohio
and Hagner and CIabaugh of Maryland be-
ing balanced by Justices Bradley. Barnard
and Anderson of the District. conceding the
last named local legal residence at the
time Of his appointment. To appoint an
outsider now 10 succeed Justice Bradley
would be 10 give the states four places
on the bench and the District but two. and
one OF those TWO only local by courtesy
The President cannot ignore these rea-
sons and this record and appoint an outside
man 10 this judicial position without violat-
ordinary dictates of fairness to the commu-
nifty and the requirements of the welfare
Of the people. The bench needs at this par
ucular time members not only familiar with
the peculiar laws and customs which gov
orn its decisions. but men capable of hard
and Intelligent work without long prelimi-
nary training. Owing to the advanced
years Of TWO of its members the hardest
work of the bench falls upon two or three
men. now that Justice Bradley, who was
one of the most Industrious of its members
has died. Any one of the three men named
b. the bar could take his place with prac-
tcally no preparation among the hard
workers on the bench, while new man
from OF the states would require
months of study and preparation before he
could render the service which the condi-
ton of the calendars urgently demands.
Considered on It's merits. the case Is so
strongly in favor of local appointment
that 1t is almost inconceivable that any
other selection should be made. President
Roosevelt is about the last man who would
be expected 10 yield 10 a temptation to play
politics 10 the injury OF this community in
performing the delicate and important ex-
ecutive function Of reorganizing the Su-