Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-10-13

ton Of newlaws Involves q thorough
K ths q the old and the appreciation Of
are intended s cure, It IS equally Obvious n
that stranger to the local system would
De at verYfeerious disadvantage in con-
STRUNG the provisions of the code in COM
parison witlH one familiar with the antece-
dent laws, Which 1t was only intended to
supplant. AgSin, only one thoroughly IA
miliar with the Jurisprudence of the Dis
trict can adequately determine whether
given provision of the code is new legisla-
ton or old fegfslation, either untouched or
modified, and only such one could be ex-
pected to be, familiar with the judicial con-
struction which has been given any part OF
make an efficient judge for the District
every occupant of it's bench should be IA
miliar not only with the litigants, witnesses
ahd th %ch Still in ts
essence is the practice of the common law,
and in ALMOST no degree such as those who
have practiced under codes OF procedure
are either familiar with or friendly to.
1t was the understanding last summer
that the President, acting on most urgent
and oft-repeated recommendation OF Rep
resentative Cannon Of Illinois, had
promised to name John G. Thompson. as
sistant attorney general Of the Department
of Justice. for the District judgeship me
announcement of the contemplated appoint
ment Of some other than member OF
the local bar created an almost unpre-
fessional circles. Some time later state
ment, unquestionably authentic, that Mr.
Thompson was out of the race was mace.
The belief Is that with MT thompson
eliminated, the judgeship will certainly be
given to a member Of the local bar. rms
recalls that thhe bar and the community
nave, by common consent, narrowed tne
race to three men, the selection by the
President Of any one of whom would be
satisfactory to the community. The trio
referred. to Is made up Of Mr.. Ashley M
Gould. United States attorney for the DIS
trict OF Columbia: Mr.. Andrew b. Duvall
corporation counsel, and Mr.. Benjamin r.
Leighton.
Mr.. Gould's Chances.
1t Is patent that Mr. Gould's chances
are favored by the fact that his elevation
to the bench would place another office at
the disposal of the President-that Of Unit
ed States attorney for the District Of CO.
lunbia. The possibility of Mr.. Gould being
made member of the court has caused to
be named number Of candidates for the
United States attorneyship, among them be-
Ing Mr.. D. w. Baker. formerly assistant
United States attorney; Mr.. f. H. Thomas,
assistant city solicitor: Mr.. Chaplin Brown
and Mr.. Chas. Maurice Smith.
The bar of the District practically as
whole, at a meeting held last June, put
Itself on record as being emphatically OPP
posed to the appointment Of any one other
Justice Bradeys successor. A memorial
to that effect was framed and presented to
the President by representative commit
tee. consisting of Mr.. Henry f. Davis,
chairman, and Messrs. A. S. Worthington,
John B. Larner, Henry B. Blair and Charles
A. Douglass.
In the expression Of opinion on the sub
Ject attention has been directed to the fact
that the District Of Columbia pays half Of
the expenses Of it's Supreme Court and by
general consent has been considered entitled
to one-half Of the total number Of judges.
1t Is explained that, as at present consti-
tuted, only one of the justices Of the court
is clearly a District man.
Summing up, 1t Is said that two things
are undsputed. The first is that now much
more so than at the time of Justice Brad
ley's death, there is an imperative necessi-
ty, owing to the state of the business of the
court for the Immediate appointment of a
judge to fiji the existing vacancy. The sec
ond is that the necessity remains equally
imperative, that, a man should be appointed
who is familiar with the practice and laws
of the District Of Columbian man whose
legal attachments and experience at the
local bar fit hin for the prompt assumption
and discharge Of the duties Of justice of
the Supreme Court of the District of Co.
lumbia. ~