The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1913-05-05
WILSON FAVORS
YOUNG JUDGES
President Wanted Judge How
ry to Quit When Seventy
If He Was Promoted.
CAMPBELL GETS PLUM
Chief Executive to Appoint as Federal
Judges None Over Sixty-6ve
Years Old.

President Wilson's policy to appoint as
judges OF Federal Courts only persons
who will agree to retire upon reaching
seventy years Of age and to appoint no
one above sixty-five years, was respon-
sible. it develops, for Judge Charles b.
Howry not being promoted to chief jus
tice of the United States Court of Claims.
Judge Howry was the ranking member
of the Court of Claims. after Chief JUS
tice Stanton J. Peele, and since the lat
ter's retirement last fall, he has been
acting chief justice. Judge Howry. II
became known today declined to be Os-
terized by taking the promotion with
the string to 1t.
Judge Howry is the only Democrat
among the four remaining members Of
the court, all Of the others having been
appointed by Col Roosevelt when he was
President He is a native of Mississippi
and was appointed by President Cleve-
land Just before the latter's retirement
from office, in 1897. Judge Howry has
long been a close personal friend Of
President Wilson and the members OF
their families are on the most intimate
terms. Miss Howry having been room
mate with one of the Presidents daugh-
tiers in school.
Judge PeeIe's retirement was brought
about before President Taft left the
White House i'm order that another Re-
publican could be added to the bench.
Henry S. Boutell, OF Illinois, whom Presi-
dent Taft rescued from the lone duck
yard following the overthrow of the
Republican party i'm the House two years
ago. and sent to Switzerland Is Minis
ter, was slated for the vacancy. But
this was one of large number of inn
portant nominations which the Senate
declined to ratify. Accordingly, the
Democrats managed to carry the vacancy
over until the advent of a Democratic
President.
judge HOwry Declines.
Judge Howry's promotion was general
ly conceded, and accordingly, there was
some surprise Saturday when the Presi-
dent sent in the name of Edward X.
Campbell, of Birmingham. Ala. Mr..
Campbell is a lifelong friend of Repre-
sentative Underwood, and II is generally
conceded that the President has taken
an important step toward conciliating the
Underwood faction in this appointment.
1t now develops. however, that the Presi-
dent did not make this appointment for
the purpose, from the beginning. of
naming an Underwood man. Judge
Howry, having reached the age Of sixty
nine years, would have but one year
more to serve on the court is he should
accept the chief justiceship under the
conditions imposed. Accordingly, he de-
clined the promotion, preferring to re-
main for some time yet on active duty.
Mr.. Campbell is a much younger man,
and will have half a decade or more
yet to serve before reaching the age of
as fixed by President Wilson.
Under the law. a Federal judge may
retire upon reaching the age of seventy
years, or upon thirty years service, and
enjoy full pay for the remainder of his
life. Few judges have ever been willing
to surrender their offices. President Will
son is understood to believe that a
Judges usefulness becomes somewhat
impaired after reaching seventy years of
age. While he cannot under the law,
compel the retirement of those already
on the bench, he does propose to ap-
point only those who will agree to re-
tire upon reaching the proverbial three
score and ten.