The Montgomery advertiser., 1905-08-09
MCLELLAN'S DEFENSE
GOSSIP AT CAPITOL ON PAPER OF
 CHIEF JUSTICE.
His Associates had Carbon Copies of Document, but Failed to Sign What Will Commissioners
 nnY

Speculations Is rife in State Capitol circles as to why the document defend ing the action of the supreme court is- sued Sunday by Chief Justice T. N. Mo- Clellan in the matter of selecting a two- story design for capitol wings was not signed by his associates on the bench. It Is generally admitted that the effect of the argument would have been en- hanced by the addition of the sigma lures of the six other justices of the court.
 The executive officers of the State are preserving their reticence about the newspaper appearance of Chief Justice Mcclellan. It is believed. though. that they think unanimously on this as they have acted unanimously in selecting a three-story design for the proposed cap- itol wings. They feel encouraged to see the signatures of the Associates of the Chief Justice missing from his writ ten defense. They do not say so. but they are known to have taken this al- ready as a sign that not everything said by Judge Mcclellan is concurred in by the six other justices They still hope therefore that two of the judges at least will yield the two-story plan and combine with the five executive officers who are the permanent commissioners in a vote for the three-story Idea.
 Sometime ago 1t was learend from one of the executive officers who are members of the commission that they had sent out Feeling committee" of one. He was to test the attitude of the Supreme Court Judges after public opinion had so commonly decried their choice of the plans submitted in compe- tftfon In early July. The feeling com mittee" was expected to report an offer of compromise Whether he has had anything definite to report to the other executive officers Is a secret. It is ru- mored that he still has hopes of bending two or three of tho judges to the three story proposition. This hope has by no means died with the publication of Judge McClellan's excoriating defense of the seven-twelfths of the Capitol Commission. In fact, the emissary is encouraged like his fellow officers by the absence of the six other signatures whose votes count the same as does Judge McCellan's.
 It is known that each member of the Supreme Court bench was furnished with carbon copy of the Mcclellan de- fense before 1t appeared in public print ! It is not known. however. that sigma lures were requested. No copies were furnished the executive officers of the Commission. Thy waited like the rest of the people to read the document in newspaper columns. The all have pri- vate opinions confidentially expressed and not for publication on the writing of Judge Mcclellan. They do say, though. that the revised front elevation , view of the Lockwood wings has great ly improved upon the angular view pre- scented in competition and done in flat line drawing.
 The last meeting of the Capitol Com mission which has been held since the Supreme Court Judges joined the State executive officers, showed very near the unalterable opinion of the latter in the plan of Capitol Improvements. After that meeting 1t was authorttatively giv- en out that "as a unit the members wore decidedly indlsposed to proceed under the Lockwood plans" Just what will be done the next time the judges are called into joint meeting will be interesting.