The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-07-02
JUDICIAL APPOINTMENTS.

Recent primaries held IN North Carolina Gre
ated great excitement on two counts. In Wake
county, the habitat of Hon Josephus Daniels,
that militant advertiser enlvened the dull sea-
son by starting an EXPLANATORY campaign against
the Ring, which, after long and explosive
course, ended in q victory for Reform" and
has now subsidized into the barest whisper of an
echo; while in the State at large heated con-
test waged between Associate Justice of the
Supreme Court Manning and Superior Court
Judge W. r. Allen for a vacancy upon the SUI
preme Court bench.
1t is this contest in which we are particularly
interested, as, apart from the admitted qualifca-
tons of each candidate, the campaign hung upon
question of vital interest to every State, to-wit:
the duty toward the Judiciary of an Executive
with the appointive power. Justice Conner hay
ing been appointed by President Taft to the
Federal bench, Governor Kitchin, in filing the
vacancy on the North Carolina Supreme Court,
appointed from the ranks of private practice his
close personal friend and campaign manager,
the present Judge Manning. Judge Allen, law
yer of recognized ability, was the senior Judge
of the circuit court bench and was advocated for
appointment the strength of his service as well
his ability. In choosing to reward friend
with a judgeship, Governor Kitchin raised a
most interesting question of ethics, for although
Mr.. Manning was conceded to, be an able lawyer
and has made an admirable Judge, he lacked
judicial experience and his selection was inevi-
tably in the nature of an experiment. Whereas,
Judge Allen, by long service, had shown himself
individually possessed of the judicial tempera-
Iment.
What, then, is the real duty of Governor
under such circumstances Should he play poll
tics with the Supreme Court, or should he not
Should he pay political debts by appointments to
places that in the main mean life tenure and
carry immense responsibilities? Should he take
the view that offices within the power of appoint
ment arc legitimate spois, whatever their char
acter, or should he conhne himself in the dispen-
sation of patronage to Offices that are purely APP
pointive in nature or in which the people have
the clear power of reversal after short term !
Governor Kitchin, being first class fighting
man and withal good politician, stuck to the
rule that the part of politics was to stick by ones
friends and appointed Judge Manning in spite
Of loud cries, Hence the campaign, the result
of which is still in doubt.
That the action of the Governor was not en-
dorsed in accordance with the measure of his
own POPULARITY is shown by the fact, that
whereas Governor Kitchin, in the Primaries for
his own nomination, carried clear working
majority over two strong opponents Justice
Manning is either defeated or nominated BY the
closest sort of a margin, and this nothwithstand-
ing that the word for his support went out in
every quarter to the adherents of the Kitchn
machine. 1t appears that the people of North
Carolina, as we hope, the people of the country,
do not conceive that loyalty TO a man means 10y
Falty to everything that the man himself may
advocate
The actual result, as have stated is, how
ever still in doubt Manager Doreth for Judge
Allen, claims his nomination; Manager Foushee,
for Judge Manning claims victory Why this
is so, when the primaries were held in every
county so long ago as June %, we do not know.
The managers are still warning merrily, al
though it would seem that anything they can
say cannot affect the result, and that the count
ing of the votes must have disclosed the nominee
In spite of which the Charlotte Chronicle re-
marks that it is time for the two managers to
call halt, since the people understand very
well what has happened. If that is true the
Chronicle ought by all means to get back to first
news principles and print the result; for on ac