The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-27

/ Limestone Madison, Colbert, Morgan,
Franklin, Marion, Walker, Fayette, Win
ston, Jefferson, Pickens, Sumter, Greene,
Clair, Cleburne, Gilmore Talladega, St.
Clair. Clebourne, Gilmore, Talladega, Ma
con, Marengo, Barbour and Mobile coun-
ties His endorsement from Mobile con-
sisted of twenty-five of the representa-
tive lawyers OF that bar.
1t was pointed out also to the governor
that the death of Judge Mcclellan left
only one member of the court residing
in north Alabama, and that the portion
of the state lying between Calera and
the Tennessee river, which furnishes so
much business to the court, had no rep
resentative on the bench of the supreme
court.
No stronger endorsements and testimo-
mails for any applicant were ever filed
with a governor than those presented
in Judge Wealkley's behalf, and they were
sufficiently numerous and weighty to
lead any governor to the conclusion that
the applicant was a suitable man to
appoint solely on the ground of fitness
Judge Weakley was eligible to the office,
and was well qualified to fill it; if the
Lawmakers had intended that a governor
should consider no applicant but one
who was already a judge, they would
have 500 declared In plain language, and
strong reasons might be given why 1t
would be better to take new man, who
had distinguished himself at the bar,
rather than promote a junior associate
justice over the heads of older men on
the same bench who had seen longer
judicial service. There was no precedent
in this state of such promotion of a
junior associate justice. And here it may
be mentioned that in no case has a va
cancy in the office of chief justice of
the supreme court of the United States
H.. 8
sociate justice all the chief justices
were chosen from the bar and were with
out previous judicial experience.
1t may also be said that If the governor
had acted entirely upon his own iudg-
ment he would not have been without a
precedent. Senator e. w. Pettus. in his
memorial address upon Judge Brdckell,
stated that the appointment of that great
Judge was due sentirely to the partially
of Governor Lewis. who. "lenowing the
entire fitness and capacity of his friend
for the great work without other in
fluence and against the will of his party"
appointed Judge Brickell to the supreme
bench, although, as Senator Pettus also
said, 1.-THE appointee was not then we'll
known to the people except in north Ala
bama and had not heretofore held any
judicial or other official position.
Mo- one questioned the competency of
Judge Weakley. his integrity, or his jul
dioial fitness and he was appointed by
the governor; but before he had hard
Nv entered upon his duties he was con-
fronted with an opposition seeking to
compass his defeat for reelection. 1t Is
probably the first time in the history
OF the state, when. after the governor
has made an appointment under the grave
responsibilities imposed on him by law
an effort has at once been made TO OPP
pose the election of his appointee and
thereby rebuke the appointing power.
Whatever may be said about the prece-
dents upon the subject of appointments
in this state, never. far as this COM
mttee is advised has the appointee OF
the governor been dimed am additional
term az an endorsement If his services
are satisfactory to the people
Judge Weakley S friends and supporters
are perfectly confident that his career on
the bench will demonstrate that the gov
ernor made no mistake in selecting him
for the high office of chief justice. He
was appointed because of his fitness for
the place and we ask that he be re-
tanned for like reason. Although the
time between his appointment and the
election to nominate his successor is very
short, vet during this brief period, the
quantity and quality of his work will
give assurance of his ability to measure
M to the duties of the office, Until some
better reason can be given than that
another man wants the OFFICE, we submit
that the democratic usage entities the
appointee to an endorsement at the polls