New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-02
THREE CORNERED FIGHT.
Uncertain Who WI Succeed Su-
irene Court Justice Hatch.
- Telegranh % The Tribune. ]

Buffalo Oct 1.-The public announcement yester-
day of the retirement of Supreme Court Justice
Edward w. Hatch has set in motion the wheels
Of one Of the most interesting three sided fights
for judicial nomination that has occurred in this
part of the State for many years.
OF course the first candidate in public attention
is ex-senator Cuthbert ". Pound, Governor Hig-
gins's legal adviser. 1t was generally understood
that Mr. Pound was slated TO succeed Warren B.
Hooker had the latter been removed by legislative
action last spring But there is reason to believe
that ex-senator Pound is already out of the race
for the vacancy. that Governor Higgins regards
him too valuable member of his adminIstra-
ton 10 part with. and that his opportunity to go
on the bench, ambition of long standing. will
come the retirement, because of age. of Justice
Henry A Childs. of Medina. in 1906.
Not only would this permit Governor Higgins to
retain Mr.. Pounds service during the term for
which he was elected but it would also allot TO
Niagara County the next vacancy to which it
would be naturally entitled.
There IRE. are then left two prominent candidates for
the judicial vacancy created by Justice Hatch's
resignation. Charles H. Brown. of Allegheny Coun-
New-York, and Louis w. Marcus of this city
o @ to lo5 IRE IN Ne Inc relative chances
sort of tacit understanding that if Allegheny gets
the justiceship, Erie will get the vacancy District
Attorney Browns appointment would create.
Mr.. Brown 5 claims eeem to be based. first on
Congress district. and is strongly SUPPORTED
by a number OF the personal friends of the Gov
cTnor and second that Allegheny County has for
thirty years been without representation the
Chautauqua County has Justices Lambert
Ieaughlin. Hooker and Woodward: Erie Hatch
White ana KenefCk; Cattara Igus Kruse and
Spring, and Niagara. Chds while Allegheny
wyoming. Genesee and Orleans, OF the Sth Jul
dicia District. unrepresented. on the other
hand, the strength of the Buffalo claim rests upon
the fact that Justice Hatch from this city
and that, as the largest county in the district
Erie is entitled to at least three places.
Into the present situation there enters another
important consideration. The constitutional amend
nlcnt. which viii In all probability be adopted II
the coming election. Will create three new vacaD-
CteS in the Supreme Court. and the conviction ex-
lists here that of the three new places viii
go to Buffalo If Surrogate Marcus is not named
Friends of District Attorney Brown urge thai
Ex-senator Pound afford to walt for o
these. while Buffalo interests equally gener-
Brown. The present outlook seems TO be about
First, that United States District Attorney
Brown will succeed Justice Hatch. by Governor
Higginss appoint ment. Immediately and that
Buffalo viii be named to succeed Brown
United States District Attorney for Western New
York Second. that either Brown Alfred W.
Spring of FranklinVille In Cattaraugus County,
will receive the designation 10 the LIST Judicial
District now held by Justice Hatch. Third. that
Buffalo will secure two OF the three Justice
ships that will he created, # the pending constf
tutionaI amendment is passed. and that Surrogate
Marcus and County Judge Edward IL. Emery will
pet two of these vacancies. and. finally, that
fha retirement of Justice Childs in 1906 because
of age Ex-senator Cuthbert w Pound. having
compieted his service legal adviser to Governor
Higgins Will then be appointed TO this vacancy,
which belongs Niagara County
The only other candidate for these judicial
canries vet sighted is F. w. Klews. of Clean. Gov
eTnor Higgins's home city. who is a rival of Dis
frict Attorney Brown. and is making game fight
for the position