Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-21
Will AVOID BLUNDER
N COURT VACANCY
Error in Making Selection of
Nominee for Bishops Place
Would Make Trouble
COURTS DECISION INVOLVED
Unless Nomination Is Made Lawfully
Decisions Would be Questioned and
Endless Litigation Precipitated =
Campaign Now Goes to Voters un-
derGovernor's Decision.
Special to Times-Republican.

| Special to Times Republican.
| Des Moines, July 21.-Public offic-
ials and prominent men consider the
| question of the succession to Judge
Bishops position on the supreme bench
one of great Importance and an effort
| will be made to get the law of it
/, cleared up. Should the nomination be
made in an illegal manner it is read
| lily recognized that there would prob
ably be contests of the decisions of the
court on that ground in appeals to the
! United States court, and it would af-
| ford cause for endless delay in litiga-
tion where one party or the other was
disposed to cause endless delays in ap-
peals on technicalities
So far as the general public is con-
cerned it would probably be satisfied
If the position is filled in any manner
so long as q competent and qualified
person is put on the supreme bench,
but there is more than the satisfaction
of the public involved since it is de-
sired not to allow grounds for attack
ing the qualifications of any members
of the court.
It is also true that there is great
ground for debate as to the means or
filling the position, tho it is possible
that the confusion in this regard may
be due to the fact that this is the first
time that the question has been raised
in Iowa and no lawyer has yet made
careful study of the proposition and
announced his opinion as yet 1t ts
known that both Governor Cummins
and Attorney General Byers are work.
ing on the matter at this time.
In view of the fact, however, that 1t
is known that the governor wishes II
possible to have the people thru the
political parties make nominations for
the position the campaign among those
who wish the position has switched to
that quarter. Politically it is considered
that the membership of the supreme
court should be distributed over the
state. The northern part Of the state is
already we'll represented with Judge
Weaver, of Hardin county, Judge Sher-
win, Of Cerro Gordo county, and Judge
Ladd, of O'Brien county. Judge Iadd,
however, has residence in Des Moines
now, where he resides a great part Of
the time. The southern part of the
state is represented by Judge McClain,
of johnson county, and Judge Deemer.
Of Montgomery county. Judge Bishop
came from Polk county.
The campaign has not entered the
stage where the most probable candi-'
dates can be picked out as yet. Colonel
Clark, if he determined to seek the
nomination, and Senator Berry, of In
dianola, who is candidate are both
very strong men.
It is understood that the friends of
Judge W. H. McHenry, of the Polk
county district court, consider that he
is most entitled to the position be-
cause he resides in Des Moines and
some insist that he should have 1t
without opposition. They claim that
Des Moines man should be selected and
that of the Des Moines men McHenry
being on the district bench should be
selected.
Membership on the supreme bench
being based primarily on ability and
the possession Of the judicial temper
ament, leads the discussion of the can
didates to that proposition and on this
the opposition to Judge McHenry crit
icize him as not being in possession OF
the judicial temperament but rather
being Of the type Of lawyer that makes
the best advocate in criminal cases
incr .aft a q
attorney for defendant. 1t is also
claimed that on the bench he is too
prone unconsciously perhaps to take
sides early in the trial of case and
make statements in the presence of the
jury which while not intended OF
course to influence jury are sure to
have influence because in the eyes OF
the juror the court is the personifica-
ton of Justice.
1t is understood that Judge James A.
Howe who is also a member of the
Polk county district court is candi-
date for the position and his friends
claim that he is as much entitled to
the position as McHenry if the posi-
ton is to come to Des Moines. Judge
Howe has never been criticized for lack
of the judicial temperament.
Judge McHenry comes from one of
the oldest families of Iowa. His father
before him was a judge on the Polk
county district bench and was known
as an eminent attorney in those early
days and his son has been very sue
cessful as practicing attorney here
and has now served on the district
bench here for some years.
IF the positiOn does not come to Polk
county 1t is considered that Senator
w. Fl Berry, OF Indianola, will be one
of the strongest men in the state for
the reason that he comes from the
southern half of the state which by,
geographical distribution of the state
is entitled to it. For the same reason
Judge Roberts, Of Ottumwa, or Judge
Towner. of Corning. would be in prom
inence.
Tho democratic state central COM