The Montgomery advertiser., 1903-10-17
NOT LIKELY TO APOLOGIZE.
Traits of Judge somsrvills Who
 Criticised Roosevelt.

Washington Special to Baltimore Sun. Judge Henderson M. Somerville, Chair New es York sso s sad so be assa or removal on account of his criticisms in the North American Review of President Roosevelts course with reference to the President Benjamin Harrison, who held him in high esteem and sought occasion to express especial qualification at having geen fortunate enough to make the selec- ton. #
 One of the most striking features of President Harrison's course in making appointments was the great care he took in the selection of men for judicial posi- er partisanship nor influence could induce him to disregard his respect for the dignity of the legal profession, and his aim in making judicial appointments was to se- ability. In making the appointments to the Board of General Appraisers he mani fested purpose to secure the best men possible for the positions, which are of partisan. and a number of Democrats were presented as candidates for the posi- tions to be given to that party. There was candidate from Maryland and one States. But disregarding ali applications, President Harrison sent for Senator James L. Pugh of Alabama. with whom he had served on the Judiciary Committee of the | II man in the South qualified for seat upon the Supreme Bench who would accept membership on the Board of General Ap- praisers.
 Senator Pugh suggested the name of Judge Somerville. then a Judge of the Supreme Court of Alabama. President Harrison took the recommendation under advisennent. and at his request Attorney General Miller reviewed the decisions of Judge Somerville while on the bench. The report of the Attorney General on these decisions was so fiattering that President Harrison decided to make the appoint ment. Prior to this Judge Somerville had been recommended by the entire bar of Alabama and a number of law magazines published sin different parts of the coun- try as a suitable successor to Justice Woods on the Supreme Bench of the Uni ted States.
 After Judge Somerville had accepted the position as a member of the Board of General Appraisers and had served for some time President Harrison sent for Senator Pugh and said that he desired es- selection, as he felt that he was to be congratulated on securing the services of 30 capable lawyer and judge for that position The President spoke to- other Senators of the great qualification he felt on account of this appointment.
 Judge Somerville has given some very important decisions representing the Board of Appraisers. and his administra-
 
 isfactory. apparently to everyone except Secretary Shaw. Secretary Shaw has been inclined to regard his own judgment as to the interpretation of tarin laws as superior to that of the Board of General Appraisers. which is authorized by law to render such decisions. His particular complaint against the board at this time Is based on its refusal to sustain certain of his treasury circulars issued to the collectors of customs after he had re- uuested them particularly to do so.
 It is understood that he holds Judge Somervilie personally responsible for the action of the board. and his resentment Is none the less keen because the decis- culars were directly in conflict with a de- cision of the Supreme Court. It Is likely that if Judge Somerville Is deposed the reason assigned will be the difference of opinion between him and the Secretary of the Treasury with reference to judicial decisions. But the lever being used to get him out of office is his North Ameri- can Review article. in which he says the disturbing effect of President Roosevelts s attitude toward the negro never can be edeouately estimated in it's retard VI of the solution of the race problem. h has staggered American statesman D, and in which he crIticises the appoint ment of Crum as Collector of Customs at Charleston, s. C.
 Judge somerville Is man of great in- dependence of opinion and is not likely | to make any apology for his article in the North American Review. Though his re- most cordial character he published a pamphlet criticising and answering a speech of the Senator's on the money question. severely arraigning his support of the doctrine of free silver. He did not | regard an apology or explanation as nec- essary in this case. and the warm friend ship between the two men never has been affected by their difference of opinion.