Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-12
PROBABLE; /! !, SUCCESSOR
If
Senator Z. E. McComas May
u & 81
Be Chisf Justice.
COURT OF APPEALS
DISCUSSION OF CHIEF JUSTICE
ALvEY's RETIREMENT.
Sketch Of the Retiring Justices Official
Life and of His Record on
the Bench.
COURT OF APPEALS

coed Richard RI. Alvey as chief Justice of
the Court of Appeals of the District of Co
lumbia upon bis retirement, notice Of which
was made exclusively in The Star Satur-
day. At the White House today nothing
official on the subject could be ascertained,
but Senator McComas made an early visit
to the executive offices and went away
without being able to say anything.
The opinion is that he was offered the
position of chief justice and that he has
the offer under adyisement. 1t is sup
posed that the President has received
letter from Chief Justice Alvey announc-
ing his proposed retirement
Senator McComas was one of the justices
OF the Supreme Court Of the District of
Columbia at the time of his election to the
United States Senate. and is acquainted
with the peculiar laws of Maryland and the
District. He will retire from the Senate
the 4th of next March. and there is a belief
that he will be satisfied to return to the
bench.
1t is known to be the intention of the
President to give judgeship at an early
date to Ex-Governor George w. Atkinson of
West Virginia, who is now United States
attorney Of the southern district of West
Virginia, but it is stated that Mr.. Atkinson
prefers place on the Court of Claims, upon
the bench of which there is expected to be
vacancy before a great while
Two judges of that court are eligible for
retirement, and 1t is said they may do so in
a few months. But for this probability the
Court of Appeals position might go to Mr..
Atkinson. If Senator McComas does not
take the position the President may offer it
to Governor Atkinson anyway.
District Man Proposed.
Steps are being taken to bring about. II
possible, the selection Of a District lawyer
for the chief justlceshp. AS soon az the
first rumor gained circulation, about a
week ago, that Mr.. Chief Justice Alvey in
tended to retire, Mr.. A. 8. Worthington. 1t
Is said. journeyed to the Alvey home at
Hagerstown, Md, to determine the truth or
falsity of the same.
The plan was that If Mr.. Chief Justice AL
vey admitted that the rumor was true,
every effort would be made in behalf Of Mr..
Joseph ]. Darlington Of the local bar for
the Court of Appeals appointment and to
put the name of Mr. Darlington before the
President ahead Of the names Of all other
candidates.
1t is stated that Mr.. Darlington would
accept the appointment to the Court Of
Appeals bench, although he has repeat
edly declined to be a candidate for ap-
pointment as a justice of the Supreme
Court Of the District of Columbia.
The general impression is that practi-
cally the entire bar would eagerly unite
in supporting Mr.. Darlington for the ap-
pointment. No other local lawyer has
been mentioned in connection with the
situation.
Mr.. Bonaparte Mentioned.
In addition to Senator McComas and Mr..
Darlington, Mr.. Charles ]. Bonaparte of
Maryland figures in the case. Mr.. Bona
parte was the only republican among the
eight presidential electors chosen in Mary
land last month, and the bestowal of the
place on him would not cause wonderment.
Many incline to the opinion, though. that
Mr.. Bonaparte is slated for a cabinet ap-
pointment.
One prominent attorney, who thinks that
Senator McComas will be the next chief
justice of the Court of Appeals of the Dis
trict of Columbia, pointed out, in discussing
the matter this afternoon, that President
Cleveland was careful to select three demo-
Gratis when the court was organized and
therefore President Roosevelt will be justi-
fled in picking out pronounced republicans
for any vacancies in the court that may oc-
cur during his term as Chief Executive.
Further, it Is said that Mr.. Darlington Is
democrat.
Retires With Regret.
1t is stated that Mr.. Chief Justice Alvey
retires with great regret. for the duties Of
the office were pleasant to him and he en-
1oyed the work He is regarded as one OF
the ablest jurists In the country, and his
opinions frequently quoted in all the
courts of the land. The retirement of the
chief Justice. it is understood. will take
effect January l or next. By that time he
expects to clean up all the legal business
that is pending before him.
After his retirement Mr.. Chief Justice
Alvey will live quietly at his Hagerstown
home. Many hours of each day he spends
in his well-equpped law library. He Is
held in the highest esteem by the members
of the legal fraternity. both at home and in
Washington, and is greatly beloved by his
fellow toWnSmen.
Richard Henry Alvey was born in st.
Marys county. Md. March 6, 1925. In 1874,
when eighteen years old, he entered the
office of the clerk of Charles county and
remained there for several years, studying
law in the meantime.
He is a descendant of Norman French
whose ancestors lived in Normandy. His
forefatherS came to America with Lord
Baltimore and Judge Alvey has the original
land grant from Lord Baltimore to John
Alvey.
In 1S49 he was admitted to the bar In
1850 he removed to Hagerstown and he
has resided there ever since. He was as
ISOLATED for a time in law partnership
with Judge John Thompson Mason. Later
he was connected in legal way with the
late William T. Hamilton
Soon after his removal to Hagerstown
he was nominated by the democrats for the
state senate, his opponent being the late
Judge George French. The result was
tie vote. At the second election the wings
redoubled their energies and succeeded in
defeating Justice Alvey by only a few
votes.
Elector in 1862.
In 1851 he was nominated for elector on
the Franklin Pierce. ticket and convassed
a large part of the state, which gave
large democratic majority.
At the beginning of the civil war Mr..
Alvey. who had been a strong advocate OF
the rights of the states was a southern
sympathizer and at a public meeting in
Hagerstown reported series of resolutions
which became historic. On June 2. 1861,
Immediately after the arrival in Hagers-
town of the Union army. he was arrested
in his Office at night by a military squad
upon the totally unfounded charge that he
was holding communication with the en-
envy, letter purporting to have come from
the south being brought to him by a spy.
He was takeny to the army headquarters,
where he was treated with great harshness
and kept prisoner in Hagerstown several
days. Then he was sent to Fort Mc1enry,
Baltimore, from there to Fort Lafayette,
New York; thence to Fort Warren, Boston
harbor, and there was held with the other
Maryland prisoners until the next Febru-
airy, when he was permitted to return
home on parole In his imprisonment he
was with 8. Teackle Wallis, George Will
lam Brown and the other distinguished
Baltimore prisoners.
Mr.. Alvey after the war worked hard for
4 -. ,s.-l% 40 . 49,