Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-16
COURT OF APPEALS
Two Nominations Sent to the
Senate.
SHEPARD CHIEF JUSTICE
CHAS. n. DUELL GIVEN THE VA
CANcY ON THE BENCH.
Latter Was Formerly Commissioner OF
Patents-Both Appointments
Seem Satisfactory.
SHEPARD CHIEF JUSTICE

Senate the following nominations:
Chief Justice of Court of Appeals,
Seth Shepard of Texas; justice OF
Court of Appeals, Charles H. DUEL
of New York.
Attorney General Moody announced after
the cabinet meeting today that President
Roosevelt had decided to nominate Asso-
ciate Justice Seth Shepard of the Court of
Appeals of the District chief justice of
that court, to succeed Chief Justice Richard
II. Alvey, who is retiring, and that Charles
II. Duell of New York had been selected as
associate justice to fill the vacancy caused
by the promotion of Justice Shepard.
The nominations were sent to the Senate
shortly after the President had conferred
with Attorney General Moody about them.
They caused surprise and interest, as the
speculation had not taken in Mr.. Duell's
name. and had barely touched upon the
probability that Justice Shepard would be-
come chief justice.
Justice Shepard was appointed as one of
the justices of the court April 49, 1893, at
the same time Chief Justice Alvey was ap-
pointed. In fact all the judges of that
court were appointed at that time and
there have been no changes since then.
Chief Justice Alvey's retirement is the first
change in the court since these appoint
ments eleven years ago.
Mr.. Chas. H. Duell.
Charles II. Duell, nominated today by the
President to be associate justice of the
Court of Appeals of the District of Column
bia, was backed for this position by Senator
Platt of New York. Senator Platt saw the
President personally in regard to Mr..
Duell's appointment, and the President
agreed with the New York senator that
Mr.. Duell would make an excellent MEM
Der of the District Court of Appeals.
Mr.. Duell is the of r. Holland Duell,
who was one of the first commissioners of
patents. and about six years ago his son,
Charles II. Duell, was also appointed COM
missioner of patents, and held that Office
three years, giving 1t up because he did not
feel warranted in sacrificing his interests
in patent law for the salary he received
as commissioner. His work as commission
er of patents was approved generally, al
though he held the Office but short time.
During the recent campaign Mr.. Duell
was assistant treasurer of the national
committee and rendered efficient service al
the headquarters in New York city He is
q lifelong republican, and has always been
friend of Senator Platt, who knew his
father, who was also a republican.
Charles Holland Duell is native of
Cortland N. Y, where he was born April
13, 1850 He received his preliminary edu-
cation in the schools of his native town.
o1sp and attended Hamilton College. from
tho collegiate department of which he
was graduated in 1871. During his last
years at the college he took a course in
the law school and was graduated from
that branch of the institution in 1872. Mr..
Duell entered upon the practice of his
profession in New York city Immediately
after being graduated from college and
took an active interest in politics. AL
ways republican, he rapidly came to the
nnl inn 11Xy a nd fn a
New York Legislature in 1878 and 1880 to
represent his assembly district. AS his
father had done, he made speciality of
patent cases in his law practice and
rapidly attained eminence as a patent
lawyer.
He was appointed commissioner of pat
ents by President Mckinley in 1898 and
held Office until 1901. when he resigned TO
resume the practice of his profession Mr..
Duell is very we'll known In this city where
he passed four years of his life as govern
ment official. and where he has spent much
Of his time during the tendency of his
cases before the patent Office and the Court
of Appeals. The District Court of Appeals
has Jurisdiction over patent cases. being
the body to which appeal is taken from The
decisions of the commissioner and the ap-
pontment of Mr.. Duell to the bench is very
satisfactory to the local patent attorneys.
Opinions Of Members of the Bar.
The announcement that the President had
selected Associate Justice Seth Shepard for
the chief justiceship and Mr.. Charles II.
Duell for Mr.. Justice shepard's successor
as associate justice of the Court of APP
peals of the District of Columbia was tele-
phoned TO the city hall Immediately after
the receipt of the nominations at the Cap
itol.
you will have TO travel long way to
find anybody who is not delighted because
Mr.. Justice Shepard is TO be chief justice"
declared Attorney John c. Heald, and a
number of others within hearing acquiesced
in the assertion.
MIR. Justice Shepard is extremely popular
at the City Hall and in the neighborhood
of the local temple of justice 1t may be
truthfully said that the fact that the Presi-
dent decided to promote him to the vacancy
that win be created when Mr.. Chief JUS
tice Alvey retires meets with practically
the unanimous approval of the bar.
The Court of Appeals was not in session
today and none of it's members al the
city hall Mr.. Henry w. Hodges, the clerk
OF the court, however. received a large
number of visitors, each of whom eagerly
inquired:
Upon receiving a reply in the affirmative
the next remark usually: That's
greati' or words equally as expressive.
AS regards Mr.. Duell. little was said
Rbout the court house, for the reason that
he is not known very well there. 1t was
agreed, though, that it will be an excel
lent thing to have weli-grounded pat
ent lawyer a member of the Court of Ap-
peals. for the reason that the court is
called upon to consider and pass upon
great many cases appealed from decis
ions rendered by the commissioner of
patents.
Patent lawyers. a rule visit the city
hall only at long intervals. Only a very
few of the members of the bar on hand
this afternoon were acquainted with Mr..
Duell, but Mr.. j. Nota McGilI formerly
register of Wills who has extensive pat
ent law practice, was among those who ex-
pressed themselves as being of the opinion
that the selection of Mr.. Duell for place
on the local appellate bench was an excel
lent one.
Commission to Meet Tuesday Next
llan1 r,,har q III. x..aa.is.=