The Washington herald., 1911-01-25
CLASH In HUNT CASE
Taft Refuses to Withdraw
Nomination of Judge.
MAY MEAN A LONG CONFLICT
President Explains He Has Already
rendered Place Held by Hunt to
Judge Martin-Judiciary Committee
Will Take Up Question Again Next
Monday-Both Sides Firm.

President Taft let it be known yester-
day that he would not withdraw the
nomination Of Judge William H. Hunt, of
Montana. who was named as one of the
judges of the new Commerce Court. All
of the other judges nominated by the
President were reported favorably to the
Senate. The Judiciary Committee. by a
tie vote Monday. failed to report Judge
Hunts nomination.
Yesterday a suggestion was conveyed
to the President. indirectly. that he
might relieve the situation by withdraw
ing the nomination. Mr.. Taft promptly
replied with emphasis that he would not
withdraw the nomination. and intimated
that If the Senate adjourned without
confirming Judge Hunt. he would
give him Il recess appointment. when he
could enter upon the discharge Of his
duties in the Commerce Court.
Place Already Taken.
The President explained that he had
already rendered the place in the Gus
toms Court now held by Judge Hunt to
Judge George Z. Martin. of the Common
Pleas Court. at Lancaster. Ohio. and
that Judge Martin had accepted.
The subcommittee of the Judiciary
Committee which las the Hunt nominal
ton under consideration held a meeting
yesterday afternoon and decided not to
reopen the case for new testimony. The
matter will be submitted to the full COM
mittee when it meets Monday. on the
record already made up. 1t is expected
that two members of the Judiciary Com
mttee who were absent at the time
Judge Hunts nomination was voted
upon will be present at the meeting Mon
day, and this may change the result from
what it was at the last vote.
The opposition to Judge Hunt is very
determined. If the nomination is reported
favorably. a prolonged fight in the Sem
ate is likely to follow The complaints
against Judge Hunt are that in the
smelter cases in Montana. where injunc-
tons were sought to be obtained in the
United States District Court. over which
he presided. against the Amalgamated
Copper Company to prevent the destruc-
ton of forests and farm crops, Judge
Hunt made rulings that showed de-
cided disposition to favor the Amalga-
mated.
Doubts His Ability.
Other complaints attacked his rulings
as a judge in some of the Western land
fraud cases brought by the government.
Aside from these objections. some of the
lawyers on the Judiciary Committee ex-
pressed doubts as to Judge Hunts ability
to fill the Office of United States Circuit
Judge. which will be his judicial rank
as a member of the Commerce Court.
Senator Borah. Of Idaho. is said to be
one of the most determined opponents OF
the confirmation OF Judge Hunt.
In spite of the Presidents announced
to insist upon the confirma-.
ton of Judge Hunt, friends Of the Mon
tana jurist are somewhat disturbed over
the outlook. With only six weeks re-
manning of the session. ii Is easily within
the power of the opponents Of Judge Hunt
to prevent action in the executive ses-
sion. even if a majority of the Senators
can be brought to vote for confirmation.
With the coming Of new Congress, the
judiciary Committee will be reorganiZed.
and the influence of Democrats and in
surSents will be more potent in the next
Senate than it is in this one.