El Paso herald. (El Paso, Tex.) 1901-1931, 1911-02-07
RING GETS JOLT IN
SELECTION Of
] I'D GES
The Local Bar Selects Three
Who Would Be Accept
able for New Court.

the proposed appellate court in I'll PasO.
The selection was made at a meeting
| of the Bar association in the 41st dis
trfct court room Tuesday morning and
/ resulted on the first ballot. A second
ballot was taken, however, owing to
some discussion which arose, but the
result was the same.
The selection was a turn down for
the ring" not single party man be-
ing given serious consideration The
result was foreseen when Judge Leigh
Clark was elected chairman, vice w.
H. Burgess. J. I Driscou was elected
secretary and Vance Stewart acted as
assistant
FaIwey and COldwen Drop Out.
Judge 7. A. Falvey and W. NJ. Cold
we'll both OF whom have been men
toned as members Of the bench. elm
mated themselves before the first bal
lot, a telegram from Judge Falvey, in
Los Angeles, to Zach Lamar Cobb being
read in which he said: Many thanks,
old man, don't want the job"
In the letter read from Mr.. Coldwell,
appear as a candidate for judicial
office rot yet created and which may
never be created. I hope and request
that my name be neither presented nor
voted on"
The First Ballot.
The first ballot resulted in the fol-
lowing vote: Judge J. NJ. Goggin, 10;
judge A. NJ. WalthaIl, TO; w M. Petit
oolas. So; judge T. ]. Beall, II; judge
P F. Edwards, s; W. NJ. Coldwell. o;
T. a Falvey, 4; Robert Neill, R F.
Burgess and W. S. Smallwood' each;
John Franklin, w H Burgess, w. w.
Turney. H H. Neiu, W. D. Howe. F. G.
Morris, Adrian Pool Joe Sweeney, W.
g .SmaIlwood and D. W. Burkhalter,
1 each.
The rules in the resolution calling
for the meeting provided that the bal
loting should continue until three men
received a majority vote, and John
Franklin, Zach Lamar Cobb. R. "
Bowden, J. F. Woodson and others con-
tended that a selection had been made
as Mr.. Peticolas. who had received 81
votes, and the lowest number. had a
majority Of six over all scattering
votes. w H Burgess and Richard Bur
ges contended that another ballot
should be taken and following The
adoption of a motion by Mr. Bowden
and an amendment by Mr.. Woodson,
the vote was taken. The Bowden mo-
tion provided that another ballot be
taken and that on the succeeding bal
lot all names receiving less than 10
votes be dropped The Woodson
amendment provided that on the sec
ond ballot If three received a majority
vote. they should be declared the Sc
lection Of the bar.
The second ballot resulted in favor
of Judge Goggin, -; judge Walthall,
66; w NJ Peticolas, 60; T. ]. Beall, u;
P. F Edwards, 4; John Franklin, 2;
W. H Scott. Sam Gillett and R. +.
Burgess, l each.
No Oratory.
The absence of oratory was marked
during the meeting except on one oc-
casion when W H Burgess said THAI
the balloting should continue until all
but three names had been dropped. and
that the result would gain political
preferment at Austin
1--WE don't want preferment," shouted
Zach Lamar Cobb THE judiciary
should be above politics"
A committee on resolutions, COM
prised of T. J. Beau, John Franklin,
Sam Gillett, ". W. Turney. Dan Jack
son, Zack Lamar Cobb and George
Wallace was appointed on the motion
Of Mr.. Jackson, to report at 1870 Tues
day afternoon
The call for the meeting provided
that the men selected be endorsed for
the bench and that Gov. Colquitt be
urged to appoint them.
The Resolutions.
The committee on resolutions this
afternoon reported the following reso-
buttons, which the bar association unan-
imously adopted:
Ell Paso, Texas, February Z, 1871
To Hon. Leigh Clark. Chairman.
Bar Meeting.
Your committee on resolutions re-
spectfully report as follows:
The bar Of FL Paso county, in meet
ing duly assembled at the courthouse
on this, the 7th day of February, 1911,
adopt the following resolutions:
Be It Resolved, That this Bar unan-
imously endorses the declared purpose
Of governor Colquitt. to appoint to the
courts of this state, only such men as
are fitted for judicial positions in ex-
perience, ability, character and judicial
temperament; and,
Whereas, The practicing attorneys of
this Bar are most familiar with the
qualifications Of its individual mem
bers to hold judicial position, this
meeting was assembled for the pur-
pose OF selecting three members of the
Bar 70 De SUBMITTED TO the SONeIuOA'
as the choice of this Bar for appoint
ment to the proposed new court Of civil
appeals, it to be understood that the ap-
pointment of any one or more Of the
persons named would meet with the
approval Of the Bar" and,
~, Whereas, lightly three members of
the Bar, out Of total of one hundred
and two, were present and participated
by secret ballots, as set forth and
shown in the minutes of the meeting,
a copy of which is hereto attached and
marked Exhibit "A" finally resulting
in the unanimous selection Of judge J.
NJ. Goggin, Judge A. NJ. Walthan and
w. NJ. Peticolas. Esq, therefore be it
Resolved by the Bar, That said gen.
tlemen are in all things fitted TO be
appointed to the said proposed court,
and that this Bar heartily approves
and urges the appointment by the gov
ernor Of any one or more of them, it
being the purpose Of the Bar to re-
spectfully inform the governor which
OF its members, If tie governor should
see fit to appoint any one or more from
the Ell Paso County Bar, would be ac-
ceptable to them. Be It further
Resolved, That the chairman or this