The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-12-07
Historic Volume Was Not Used
in His Installation.
Justice Brewer Administered
Oath on New One
TEXT OF OBLIGATION.
Swears to Do Equal Right to
Poor and Rich.
Still Explaining Why He Was
Appointed.

Appointed.
Washington, Dec. because Judge
Pollock took the oath of his new Office
just at the noon hour on Wednesday,
when the supreme court of the United
States was about to sit, he was not
sworn upon the ancient Bible which has
been used in these ceremonies for nearly
half century. This Bible, which has
been used to swear in everybody who
has had anything to do with the judi
cial branch of the government for the
last forty years, was al that moment
being utilized in administering the oath
of allegiance to the United States to
various lawyers, who were about to try
cases before the supreme court, and of
course the sitting of the court could not
be delayed. The result was the marshal
of the court was very busily engaged
for a few moments resurrecting from
dark and dusty corner of his Office an
other Bible, which was purchased about
fifteen years ago for just such emer-
gencies. Probably the most interesting
feature about this book is that 1t was
never before used to administer an oath
to anybody, and the chances are it will
never be utilized again. 1t is not once
in a lifetime that the sitting of the su-
preHe court OF the OmteQ 0ldleS Woulu
conflict with the administering of an
oath. 1t just happened that way in
Justice Pollocks case, but the Bible
which was used answered every pur-
pose, so that he is just as much a Judge
as he would have been if the original
book had been available for this par
ticular ceremony.
The oath which was administered to
Judge Pollock is a most interesting and
impressive one, and is used exclusively
for United States district judges. The
oath is embodied in a law of congress,
and is contained in section 712, revised
statutes of the United States. 1t was
administered by Justice Brewer. the
Kansas member Of the supreme court.
It was Senator Longs idea to have as
many kanSa MS as possible present at
the Kansas delegation in congress were
there except three-RepreSeuta
Curtis. Reeder. and Miller. Mr.. Curtis
had an engagement and could not get
home. and owing to the fact that Mr..
Miller could not be reached in time he
was absent
Justice Brewer read the oath slowly
and effectively, and clearly and dis
tinctly. and it made q deep impression
upon those who heard it. Representa-
tive Murdoch was particularly i'm
pressed by the wording of the obliga-
ton.
There never was a young Ameri-
can" he said. who after reading the
proceedings of the constitutional con-
vention in 1889, did not wish that he
could have been present to have Isug-
gested something, of his own, and have
his idea INCORPORATED among the others
in our deathless charter. If I had been
there, I would have gotten a provision
in the constitution that every federal
supreme judge should have been com
PEELED to learn this oath by heart and
to have recited 1t every morning pub
licly before the opening of court. 1t is
beautiful oath, and its constant repe-
tition wouldn't hurt anybody"
The oath in full, as taken by Judge
Pollock, is as follows:
81, John c. Pollock, do solemnly
swear that 1 will administer justice
without respect to persons, and doequal
that I will faithfully and impartially
discharge and perform all the duties
incumbent upon me as United States
judge for the district of Kansas, ac-
understanding, agreeably to the con-
stitution and laws of the United States,
so help me God.'
Explanations of the Presidents pre-
cipitate action in sending Justice Pol
without respect to persons, and do equal
Kansas delegation was holding a eau
Gus, trying to agree upon a candidate,
have not been very plentiful, for the
reason that most every Kansan in
I
he didn't know the reason. The inside
history of the appointment. however,
is gradually being brought to light, and
the Presidents speedy action in ap-
pointing Justice Pollock is now ex-
planned in one story in this wise: The
President was determined from the be-
ginning to appoint the candidate sup
ported by Senator Long. incidentally
he would have been glad to have the
Kansas delegation endorse Senator
Longs choice. But these were merely
matters of minor Importance. The ap-
pointment of a judge Is exclusively the
patronage of the President, and he had
right to appoint the man he wants.
When the Kansas delegation, however,
began to ballot on a judge, and he OBJ
served that the lines were being tight
likely to be reached, it occurred to him
that the seven members of the delega-
ton who had failed to endorse Mr.. Pol
| lock might all line up for some other
man, and put him in an embarrassing
position-that is, to say, If the delega-
ton should take this action, he would
be obliged to turn down a majority of
choice of Senator Long. So to avoid
this dilemma, he made history in hur-
ry and gave the much coveted judge
ship to Justice Pollock while the Kan
sas delegation was still in a strenuous
disagreement, with no immediate pros
pect of getting together. And it is
stated on the highest authority that
tie appointment coming when it did
was as much a surprise to Senator
ong as any member of the Kansas
delegation. LESLIE WALLACE.
EMPORIA'S NEW CHURCH.