Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-05-28
A GREAT SURPRISE
An Outsider Not Wanted on
the District Bench.
BELONGS TO LOCAL BAR
OF OPINION FROM
LAWYERS AND BUSINESS MEN.
Strong Reasons Why Justice Brad
ley's Successor Should Be Familiar
With Local Procedure.

| member of the local bar to the seat on
| the supreme bench Of the District made va
| cant by the death of Justice Bradley, has
created an almost unprecedented stir in the
| local bar and in local business and pro-
! fessonal circles A feeling of surprise and
| Indignation has swept over the city. The
proposed action came a flash out of a
| clear sky in that, with the practical combi-
nation of the bar three men, the ap-
pointment of either one of whom would
have given general satisfaction, and with
| the Presidents well-known regard for home
| rule principles, it was generally assumed
| without question that a local man would re-
ceive the appointment.
| AS is clearly pointed out in the express
sons OF opinion gathered by Star reporters
| from members of the business and profes-
sonal world of the city, the appointment
| for this specific judgeship of any other than
| a member of the local bar would be an al
most ineXcuSa BILE move. The local bench
| as it exists today is lacking tc some extent
| in activity in that two of the judges are
nearing their time of retirement, and two
| more are somewhat unfamiliar with Dis
| trict procedure The necessity, therefore,
! for the appointment of active, vigorous
man, and, above all, of one equipped by ex-
perience to step Immediately into the har-
ness and help draw the load is so apparent
as to need no explanation.
Then, again. in the expression Of opinion
the wel-known fact is pointed out that
| the District of Columbia pays half of the
expenses of the Supreme Court of the Dis
! trict, and by general consent has been con-
sidered clearly entitled to one-half of the
| judges. AS the bench exists today only
one of the justices is clearly a District
man, although two are credited to the Dis
| trict. Justices Bingham, Hagner and Ga
baugh We're appointed as outside men; JUS
| tice Barnard was appointed from and was n
District man; Justice Anderson is accredited
to the District although the appointment was
generally looked on as an Ohio one. How
ever crediting Justice Anderson to the Dis
trict, the vacancy caused by Justice Brad
ley's death, in order to preserve the pro-
| portion of half and half clearly calls for
the appointment of member of the local
bar. Otherwise the proportion would be
entirely lost and the District, bench
of six, would be left with only one real
and one nominal appointee.
The contemplated selection is still more
surprising to the members of the local bar,
in view of the fact that there is almost a
certainty in comparatively short time Of
there being two more vacancies on the
bench of justices who were appointed from
outside states. This fact offering the pos
Sibility of the President taking care of
not one. but two. outside men, whom he
may wish to honor, according to the local
lawyers, makes it impossible to understand
any proposition to fill the vacancy caused
by Justice Bradley's death by outsider
Some of the expressions of opinion given
| to Star reporters follow
Mr.. James Nj. Johnston, second vice preSi-
dent of the Riggs National Bank. said there
are two reasons why it is desirable a judge
of the District court should be chosen from
| the members of the District bar. One is
| that, unlike many of the states, a knowledge
| of the common law is necessary for judge
| here, and in the second place it is almost an
essential for a judge to know something
about the people whose testimony he is
| obliged to consider
Teaching Outsiders.
Mr.. John B. Larner said: The principal
| objection to tie appointment of an outsider
| on the District bench is the loss to the COM
| munity arising from the ignorance of such
man of our laws and practice If the
| appointee comes from a code state, he is
| familiar with code practice and knows
nothing about the common law practice
which is in vogue here. The result is mem
| bers of the bar are obliged to spend time in
| instructing him to the injury of the inter-
| ests of their clients.
independent of this consideration it is
| In my opinion an outrage to go outside of
the District for a judge to administer local
| law when so many members of the local bar
are competent to do it, and deserve the
| honor
| Mr. w. Riley Deeble said: "I think the
| appointment to fill the vacancy on the local
| bench should be District man. In view
| of the splendid record of the late Judge
| Bradley, who was District man. as shown
! in part by the expressions of his fellow
citizens at the time of his death the Presi-
| dent could at least risk the selection of
his successor from among the members of
the District bar
| Mr.. Henry A. Willard said that he was in
1aVor OF the selection of District man for
| appointment on the District bench unless
| the material from which such selection is
| made has become exhausted. In that con-
| tingency he thought the President would be
| justified in appointing an outsider.
| m IN favor of District man for he
judgeship," said DR.. Samuel W. Began to
Star reporter What the people want
| and are entitled to is man who is thor
oughly familiar with the District laws.
That man, of course, must possess other
qualifications. Mr.. Ashley NJ Gould IS a
1 man who will fill the bill in every particu-
| lar.
Advocacy of Home Rule.
Attorney S. D. Truitt: 81 believe the
President will appoint a District man to
the vacant judgeship, because 1 am salts
fled he believes in home rule. We need a.
man who is thoroughly acquainted with
| our laws and practice and capable of be-
| ginning business at once
| 1--WE also need some one who is y;sorc.s
| and OF a discriminating mind, as well as
| laws sake"
outside man to succeed the late Justice
| Bradley because such a man will be ur-
| familiar with the District law" Attorney
| Albert Sillers said today when asked about
| the matter.
| 81 think the appointment should go to a
man who familiar with our laws. We will
| need man who can mount the bench to-
| morrow and perform his duties from the
| start"
| Campbell Darlington: A local attorney
of judicial temperament and proper lega,
| qualifications should be appointed to the
vacant judgeship. Politics should not play
1 any part whatever in the appaintn,aDt e.,
| Judicial positions, and 1 do not believe they
will III this instance. If they do it will be a
| departure from President Roosevelt's usual
procedure in such matters.
! William Earle Ambrose: The vacancy
| created by the death of Judge Bradley has
| again brought forward the important cues.
| tion as to whether or not local officers
| should be selected from the. District or from
| rcmote states. 1t would seem only fair
| and just that the appointment should be
made from among the LAWYERS of our ha r