The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-06
DAYIES'S DEFEAT A REBUKE.
INDEPENDENT BEATS HIN For
THE SUPREME BFNCH.


Attorney General John {. Davies a. the
regular Republican candidate for Supreme
Court Justice in the Fifth Judicial district.
was not entirely unexpected. Although
mighty efforts were made 20 avert II, he
was beaten bv a.O78 votes nv Watts NJ.
Rogers Of Wa,ertown. who was an independ-
ent Republican candidate, nominated 10y
petition and who afterward was nominated
by the Democrats.
Mr.. Rogers not only carried Mr. Daviess
own county OF Oneida by ,7ss, but he also
carried Jefferson county bv $3.50 and Lewis
county by I 200. Mr.. Davies carried Her
kimer county by 27s, Onondsga by 1898
and Oswego county by 2l3. Mr.. Davies's
county ma iorities aggregated 1851 and
Mr.. Rogerss II 9>s.
The count les in the district have a normal
Republican majority OF about II .Ooo, and
despite the cutting OF Mr.. Davies by Re
publicans, which was general throughout
the district. Gov. Odell's plurality in tho
counties In the district was 1903
For some months before the Republican
convention al Syracuse which nominated
Mr. Davies there was rife for the nom-
nation. with candidates from Oneida. Onon-
daga, Oswsgo and Jefferson counties Prob
ably all 81 the candidates were batter law
yers than Mr. Davies, but the latter had The
most Influence
Mr. Davies has always praot isad law in
Camden. Oneida county. lie has been n
member of the State Assembly and was
member Of the Constitutional convention
OF 1885, When Gen. Hancock was elected
Attorney General In lses, Mr. Davies was
appointed a deputy. and when Gen Han
cock retired, Mr.. Davies succeeded in
getting the Republican nomination for
Attorney General and was elected twice.
His term a. A'toruey-General expires
on Jan. I next. and il was Mr.. Davies =
ambi, ion 10 become a supreme Court jus
tice. He has been man GIVring TO that
end for two or three wears past and be
came a close political friend of President
Roosevelt when he was in Albany as Gov
crnor, and professional and personal
friend of Frank Plat son of United States
Senator Thomas &. Plau.
When, some months ago, a vacancy
was created in the oftica oi United States
District Judg. by N" appointment by
President Roosevelt Of Judge Alfred &.
Coke of Utica To be "A Circuit Judge. Sens-
tor Plat wanted President Roosevelt to
appoint former Congressman Ray Of Nor
wich, Chenango county. Ia III the vacancy
The President demurred a. first and Of
tered the appointment 10 Auorney-,eneral
Davies The inference was that If Mr.
Ray were appointed a Federal Judge
Senator Pla't's influence would I've used
To secure In. nomination hlch Mr.. Davies
afterward got for Supreme Court Justice
In fact, the other candidates for Supreme
Court Justice in Mr. DaNie-'s district in
sisted that President Roosevelt had
used the Federal Judgeship vacancy a. a
club to compel senator Platt'- support Vi
Mr. Davies ~ a candidate for supreme Court
Justice and that ii MIR Plat had not been
40 anxious TO have his friends Mr.. Ray
sppoin, ed 10 he Federal bench, the nomina
ton Of Mr. Davies for Supreme Court
Justice would not have been possible
just before the Republican Stat" Con-
vention met in Saratoga, President Roo-e-
welt announced MIR Ray, appointment to
th. Federal Court l. was taken for granted
,ha, Mr. Davies would secur. IA" Supreme
Court Justice nomination.
This however. did no. deter the other
candidates from continuing the nigh, for
delegates to he Judicial convention. Two
of the candidates from Oneida county tried
to break up the delegation from that county
but Mr.. Davies who has been power -
politics in that county iuT some years pas
ehcctuaily me t,l opposition.
Ia the Judicial convention MI Dawes
had rs votes and Nj. Rog":~ had he dele,
gates IRON, Jefferson and Lewis 20 the
number of /? Mr. Rogers did not attend
the convention Nj Daves's nuinina-
ton was made unanimous Then thc
opposition 10 Mr. Davies in his own party
began 10 crystalline More than 5000
names We're s-cured 10 a petition noniinat-
ing Nj Rogers a. an independent Cand-
date The Judges the lawyers and the
newspapers Of the district gradually iocked
to Mr. Rogers standard. Ia fact prac-
tically all uprising Of the bench and baT
Of he dist riC' against Mr. Davies followed
There was nothing p.rsonsl a. regards
Mr. Davies in this nor was his honesty or
integrity questioned Tor Il moment Those
who did not cri;icise his legal ability in
sisted that the district should be- left free
10 choose its own Judges wit hout dCtatiun
either from Washington or New York
city
The opposition to Nj, Davies practically
cry-tallized around published statement
of Judge Irving q. Nann of the Court Of
Appeals, Who'll ives in syracuse. Mr.. Nsun
il Republican and Is regarded as an able
iuri-, He announced publicly that he m
tended to vote for Mr.. Rogers and that his
eminent fitness for the Office Was con-
csded
"The reputatio ion of his opponent. Mr.
Ia vies, a. 10 legal attachments. said
Judge Nann, lis not such as TO warrant the
Inference that he could properly discharge
the dut les of this important ONCE, Dur
ing my experience Of more than twenty
years upon the bench. MIR Davies has
never taken part in a trial or argument
Of any case before me or before any court
of which was a member.
This il not true of any LAWYER Of ability
or experience in the district On the OF her
hand, during this long period Mr.. Rogers
has been actively engaged in the prosecu-
ton and defence Of important actions,
always discharging his duty with fairness
and ability in all the courts
Another eminent jurist and Republican
Of Syracuse, former Chief Judge Charlie.
Andrews of the Court of Appeals said he
intended to vote for Mr. Rogers and that
his fitness was conceded
There should be an emphatic protest
against the dictatlon by political leaders
of candidates for judicial Office and the
sitting Of local sentiment in tho selection
of Judge, said Mr.. Andrews. -The bench
will be degraded and fatal blow will be
struck il judicial Offices are distributed
as the result of political services"
Judges and lawyers of prominence
throughout the district took a similar posi-.
ton. Then, too, the many enemies Mr.
Davies has made in his political career in
Oneida county took this occasio to show
their regard for him
The result was for-shadowrd several
days before the election, hu, Mr. Davies
would not believe that he could be beaten.
Mr.. Rogers, however, was very popular
wherever he was known, and his ability