The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1911-06-01
U, S. JUDGE N
CARLANO'SPLAC
President Taft at last
Fills Vacancy on
Federal Bench
GAMBLE WINS OUT
South Dakota Senator Refused
to Recommend Any One
Else for the place


Washington, d. Can official
statement issued from the White
House last night announced the
forthcoming appointment of James
D. Elliot ito be United States judge
tor South Dakota, succeeding Judge
John E. Garland, elevated to the
commerce court last December.
The appointment was discussed at
yesterdays cabinet meeting and the
president took it up further with
Attorney-General 'Wickersham, af-
ter which the announcement was
made.
The appointment is quite as much
a victory for Senator Gamble as for
Mr.. Elliott. At all times Senator
Gamble refused to consider any 9TH
er candidate, declining even to give
the president a second choice. Sen
ator Crawford as we'll finally went
to the support of Elliott.
In view of the fact that one Of the
reasons for the elevation of Judge
Garland was the availability of Mr..
Elliott as his successor, there was
considerable surprise at the long de-
ly in making the appointment. There
have been many speculative reasons
assigned for the delay. The most
likely explanation, however, is
found in the vigorous opposition to
Mr.. Elliott's appointment that came
from Thomas Thorson of Canton, re-
publican national committeeman for
South Dakota, George Rice of Elan
Flandreau, railroad commissioner,
and A. B Kittredge, former United
States Senator and now deceased. 1t
is known that all three of these
men made personal and direct pro-
tests to the president against Ell
1iott's selection. Mr.. K%ittredge's
death no doubt helped Mr.. Elliott to
secure the place at this time.
Mr.. Elliott, an attorney and
banker at Tyndall for many years,
not only practiced in the federal
court a great deal, but served for
a time as United States attorney,
thereby becoming familiar with the
federal practice.
Elliott Hears News.
Aberdeen, s. D.-News of the an
nouncement of his appointment reach
ed Mr.. Elliott yesterday afternoon
when he received the following tele-
gram from United States Senator R.
j. Gamble at Washington:
Washington, May "a.
James D. Elliott,
Aberdeen, S. D.
The presidents secretary has
informed ME that the president
has appointed, you United States
district Judge for the South Da-
kota district.
r. ]. Gamble.
When seen last night Mr.. Elliott
expressed the qualification over the
honor done him. He said any law
yer would naturally feel proud of
elevation to the federal bench. He
further stated that he recognized the
responsibility of the position and
would do his best to discharge its
duties.
When the news became known the
wires at his office and later at his
home hummed with congratulations
over the distinction accorded him
ard Aberdeen.
Place Open for Year.
The post made vacant was by the
elevation to the newly created COM
merce court of the incumbent, Fed
eral Judge j.. E. Garland, in January.
Judge Garland was named. in Deem
Der and Immediately the likelihood
of Mr.. Elliott's being his successor
was conceded. He is a member of
the law firm of Elliott and Stillwell.
He came to Aberdeen from Tyndall
in January 1910, having lived there
a quarter of a century.
Appointment to the federal bench
has been a life ambition with Mr..
Elliott and the realization of his
ambition comes with as much graft
fication to his as to his friends and
his home city Aberdeen.
lad An crnD[c uIc