Evening star., 1904-04-27

No. until the time arrives for the taking
OF the usual summer recess about the end
Of June"
Justice Pritchard received a telephone
message this afternoon from Senator Sim
mons Of North Carolina to the effect that
the latter means to do everything possible
to have the nomination confirmed before
the adjournment Of the present session Of
Congress.
Those who are regarded as we'll in
formed on the subject predict that the
appointment of Justice Pritchard to a cir.
cult court is merely forerunner Of his
elevation to tho Supreme Court of the
United States. 1t is pointed out that Mr..
Justice Harlan Of the highest tribunal in
the land VIII retire within a year from the
present time. He Is a southern republican,
1t Is added, and 1t would be more than
consistent to name a southern republican
as his successor. Justice Pritchard the
knowing knowing ones say. will be the best man
available who answers all the require
ments, and the chances, in view of the
foregoing and Of President Roosevelts
nlsh regard and affection for him. seem
the seat In the Supreme Court now oc-
cupied by Mr.. Justice Harlan
As to Senator McComas.
In reference to the published statement
that Senator McComas may be named as
sociate justice Of the Supreme Court of the
District of Columbia to succeed Justice
Pritchard. friends of the senator express
doubt regarding his willingness to take the
place, especially. it is said, in view of an
understanding that Senator McComas is
oeiiniteiy slated for appointment to the
Court OF Appeals of the District OF Co
lumbia as the successor of Mr.. Chief Jus-
tce Alvey when the latter retires, which
event some persons think will occur COM
paratively soon.
Furthermore, attention is directed to the
following provision of the Constitution of
the United States:
No senator or representative shall dur
ing the time for which he was elected be
appointed to any civil office under the au-
thority Of the United States which shall
have been created or the emoluments
whereof shall have been increased during
such time; and no person holding any Of
nee under the United States Shall be IA
member of either house during his continl-
ance in office"
The salaries Of the justices of the Su-
preme Court Of the District of Columbia
nave been increased during Senator Nc
Comas' present term. is stated that
therefore, he could not be appointed to
judgeship the District supreme bench
prior to the expiration of his term in the
Senate, next March.
Doubt is expressed especially .by members
OF the bar, that the President would permit
vacancy to exist for so many months.
especially as the dockets of the several
branches or the District Supreme Court are
now crowded with cases awaiting trial.
GT1tCudTuS POSSIBLE successor.
1t is announced on authority that is usu-
ally reliable that former Gov. G. w. Atkin-
son, now United States attorney for the
southern district of West Virginia, may be
Justice Pritchard's successor as associate
Justice of the Supreme Court of the District
of Columbia.
The news of Justice Pritchard's appoint
ment spread rapidly about the city hall and
all who heard of his approaching departure
Fastened to express to him their regret that
he is to leave the District of Columbia. The
expressions Were spontaneous and thorough
ly sincere. At the same time the popular
jurist WIS congratulated because of his pro-
motion. In addition to the circuit court
j1sticeship being regarded as a more dig
Justice Pritchard. the new appointment
ing to $1,000
Although he had not mentioned the pos
slbiEty that he might succeed Justice ST.
monitor until after the nomination was
sent to the Senate today Justice Pritchard
south urging him to accept the place. Many
or these letters were written by prominent
lawyers who are recognized democrats, and
for that reason Justice Pritchard feels
highly gratifed to know that he is held in
such nigh esteem in the vicinity of his
home.
Justice Pritchard's circuit will embrace
North and South Carolina, Virginia West
Virginia and Maryland. He will make his
home at Asheville, N. c.