The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-10
Telegram from Senator Fairbanks
Says AndersOn's Commission Has
Not Been Signed.
THE SITUATION is CLARIFIED
JUDGE BAKER WILL AGAIN TAKE UP
THE CASE TODAY.
IL Is Thought Ii Will BE Ready for the
Jury TO-MOrrOyv Evening-Law
of appointment.

Commission not signed and will not
leave Presidents hands, until case is
ended
The above is the text Of telegram sent
by Senator Fairbanks from Westinghouse
evening to c. c. Hadley, principal attor-
ney for the defense in the Jennings case
that has been on trial in Federal Court
for more than a week. Judge John H.
Baker adjourned court yesterday with
out hearing further evidence in the case
pending word from Washington regarding
the signing of the commission making A.
B. Anderson. of Charlottesville. his sue
cessor. Word had been received that the
confirmed, and Judge Baker would not
proceed with the trial until he had salts
fed himself as to whether or not the
commission had been signed
The telegram from Senator Fairbanks
received by Attorney Hadley was read by
Judge Baker last night, and he said that
he would again take up the case this morn
ing.
''Will you wait for an official statement
to be sent to you before proceeding with
the case?" Judge Baker was asked.
mo. sir. That telegram to Mr.. Hadley
is sufficient for me to continue with the
case"
tiff, said last night that he had received
word from Washington that the commits
sion had been signed by President Roose-
welt, and had been sent to Attorney Cen
eral Knox. Mr.. Rocker would not state
the source of his information or whether
or not it was authentic.
Noble G. Butler, clerk OF the court, re-
ceived telegram yesterday afternoon from
Senator Fairbanks stating that the commits
sion had not yet been issued to Judge An
derson. Judge Baker. however. wanted TO
signed by the President. Mr.. Anderson was
about the Federal building yesterday, but
he had no information from Washington
regarding his commission.
Attorney Hadley talked with Senator Fair
banks over the long-distance telephone dur
ing the forenoon, and Senator Fairbanks
stated that the signing of the commission
of Mr.. Anderson would be withheld until
after the trial. The telegram received last
evening substantiated the promise made
over the phone.
WILL TAKE UP CASE TO-DAY.
The case will come up again this morning
with Judge Baker on the bench, and it is
expected it will be completed so that II
can go TO the jury tomorrow evening.
When court convened yesterday morn
ing Judge Baker made a statement in which
he said that he had observed that his sue
cessor had been confirmed, but whether his
commission had been signed he did not
know he cited the case of Marbury VS.
Madison, the opinion having been writer
by Chief Justice Marshall, in which II is
held that there are three steps essential
to appointment. The first step is the nom.
nation, to be sent by the President to the
Senate. The second step in the progress oil
appointment is the confirmation or the con
sent of the Senate to the nomination sug.
gested by the President And the third and
final step is the signing of the commission
Judge Baker recited the case set out in
the opinion of Chief Justice Marshall.
My resignation was to take effect or
the appointment of my successor" saiC
Judge Baker, land the moment that the
President has affixed his signature TO the
commission of Judge Anderson L become
private citizen. My powers are funct
officIo"
Judge Baker gave counsel permission &c
communicate with officials In Washington
Hadley set out above shows that the com
mission has not been signed, and that Judge
Baker is still empowered to hear the Jen-
nings case.
Judge Baker was somewhat surprised be-
cause the Senate so quickly confirmed the
appointment. He stated Monday thai
he believed the confirmation would not bs
made for a few days at the least, but die
not figure on record-breaking confirma
ton. The Withholding of the commission
until after the Jennings case is completed
clears the trouble, however, and will mo-
sion been signed and delivered to Attorney
General Knox to be forwarded to Judge
Anderson, it would have meant that the
case would have to be tried again.