Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1905-03-18
FRIENDS RALLY
His Confirmation as District Judge
Is Regarded as Certain.
NO ACTIVE OPPOSITION NOW

Democratic senators Will NOT holo
Up. the Nomination-Three
Men to Care For.
When the senate judiciary commit
tee comes to the nomination of Repre-
sentative Dayton, of West Virginia, as
district judge for the northern dis
trict of this state. there will be prac-
tlcally no opposition. So il was stated
yesterday. MIR. Dayton's friends raj
lied promptly to his support as soon as
it became known that Senator Bacon
had asked that the nomination be held
up for time. They declare that op-
position to so able man is wholly
una arrauted. and that as lawyer
and as loYal republican, who has
rendered woman service for the ad-
ministration. he is fully entitled TO
prompt confirmation.
Senator Bacon has expressed to Mr..
Dayton's friends his intention not to
oppose confirmation. As a member
of the Judiciary committee, CHARGED
with the responsibility of reporting
on nominations, he simply asked
that action be deferred till he conld
learn further as TO Mr.. Dayton $
judicial capabilities His request. it
was explained. came more from de-
sire for an investigation than as oppo-
sition lie was not personally ac-
quainted with the West Virginia
member.
Senator Bailey. realizing that the
nomination cannot be defeated. will
content himself simply with making a
statement of his views. The Texan
entertains the opinion that, as the
president is not a lawyer. an addition.
al duty devolves upon senators, espec-
tally republican senators, to insist
npon the selection of ONLY lawyers
of the highest ability for judicial
offices.
SWAYNE CASE AS A WARNING.
He is known to have recently cited
rhe Swavne impeachment case rs DEM
onstrsting anew that 1T is practically
i'm possible to depnse a judge once
placed on the federal bench. How
ever, MIR. Bailey will not make fight
against the nomination of Mr.. Dayton,
and will regard bis duty as performed
after he has made brief statement to
tire senate.
The hubbub within the West Vir.
Qinia DELEGATION incident to the ap-
pointment of q new clerk of the dis
trict court has practically all subsidized.
Mr.. Dayton's supporters say 1t was
unjust to him to suggest that he in
tended to appoint the representative
of large corporation to that office,
paying about SO, 500, when. as a matter
of fact, nothing of the kind entered
his mind. On the contrary thew say
political Influences of the strongest
character were brought to bear upon
him to promise the clerkship to some
West Virginian whom members of tine
congressional delegation wanted to
take care of, TO Which he responder
that in such matter he thought he
ought to be left free to appoint man
of his own choice. we'll fitted for the
office. In this stand a portion of tile
delegation came to Mr.. Dayton's
support.
The situation was verv trying one
for this nominee. Under the exigen.
cies of West Virginia politics it las
become practically imperative that the
senators and certain of the members
find places for three men. One Is
State Senator Starke Baker: another,
Secretary W. Il. Glasscock and a third
Editor George Mcintosh of the Fav-
cite Journal Things have come to
such pass that these men simply
must be cared for.
In almost the same category is Mr..
9. f. Teter. of Philippi. who, it was
hoped, would be made First Assistant
Postmaster General.
PRESIDENT DEAF TO APPEALS.
The president has been appealed to
time and again. but the delegation has
not thus far made headway. When
Mr.. Dayton's nomination as judge
became certain. it seemed to some of
the West Virginia delegation as
though he ought to help them out by
taxing care of one man as clerk of his
court. They swooped down upon him
with vengeance. He resisted their
entreaties to some extent. being nm
willing to make any promises. If
matters work out favorably with ref
erence to certain men now in office,
as is not improbable. Mr.. Dayton will
trv to arrange the selection of his
CLARK CD thut ~ uili he sati sfacforv IN