The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-03-09
Former Member Of
Commerce Court May
Be Named.
POLLARD RETIRES
FROM CONTEST
Feels That in Age He Is Not
Within Limit Agreed On by
Acknowledgement in Select
ing Federal Judges-Four
Judges Already Await
Transfer.

Three important facts which vital.
j. affect the candidacy OF Richmond
lawyers who seek the appointment as
United States Circuit Judge TO succeed
Judge Nathan Gon. Of West Virginia
came prominently to the front ycster-
day.
First, OF local interest. was the an
nouncement from Henry r. Pollard tina,
he had determined to withdraw his
name Ar a candidate because in age he
was not Within the limit agrcd on by
representatives OF the administration
from which judicial selections ought
10 be made.
ON top OF This came the report from
the Washington correspondent OF The
Times Dispatch that the Department
OF Justice Will not approve the appoint :
nient OF any aspirant who is more than
Nfty or iiny-nvc years OF age. MIR
Iollnrd is siNty-four. and as Federal
Judges are retired by law with full
pay al the age OF seventy. ATTORNEY
Gcncral McI:cyuoids believes the plan
'inwise to name men who are near that
stage OF life. regardless OF their fine
mental ability.
>o Outside Honor for Any one.
't greater Importance than these
other points. however. is The statement
United states Commerce Court. lately
abolished by Congress. may be dcsic
mated TO succeed Judge Gun. Under
appointment uf former President Ia IT.
they were made circuit Judges FOR lfc.
-,s natters stand. they will soon he
without work. and under the Law, they
nust draw pas. When tho Jill abol-
ishiug the Commerce Court was before
Congress IL was stipulated and under
stood that any OF All OF tho Judges
could subsequently he designated Ia
>i in ANY circuit, the only require
Inent on their part being that They
must take up their legal and official
residence in the circuit Ia which they
arc designated TO preside
In View, therefore Or the spirit or
economy which the administration VIII
scck 10 encourage. IL Is pointed out
that one or the Commerce Court Judges
VIII bc ''designatcd' 20 ait with the
United States Circuit Court OF Appca Is
in place Of Judge Cot This. more
over Will relieve President Wilson OF
the duty OF selecting one Of tile lGo
lawyers in Ave States WHO arc after
the honor, ana Will support. moreover,
his desire To cut down government cX-
pcnsca where it can he done withou,
dctriment 10 any branch of the pub
lie service.
Need Two Circuit Judges
The argument was also emphasized
,ha, the Fourth Circuit, OF which Vir-
Sinia is part, is the only circuit will,
only two circuit judges. \ few years
ago the bill in Congress to create an
additional Judge was defeated largely
through the efforts OF Representative
r.. y Webb. OF North Carolina. Law
Ners who practice. before the appellate
court have long contcndcd that the
Fourth Circuit should have three cir
cult Judges. aud they call attention
10 the fact that il can be Drought
up 10 the same standard OF the others
by designating two or the Commerce
Court Judges.
The Commerce Courr Judges are Mar
tin a. Knapp, Of New York. regarded
as one OF the ablest cXponents. of con
stitutional law in this country. VIII
liam II. Hunt formerly United States
district Judge of Montana vino was
born !n New Orleans. and who served
four-year term as Governor Of Porto
Rico; John F.. Garland. formerly
United States district judg. of South
Dakota. and lulian w. Mack OF Ju-
vcnile Court fame in Chicago rhe law
does not prevent any OF thes. from
serving in the Fourth Circuit. because
they are not now residents thereof
II designated. however. they must
move to ono Of five Statcs--Niaryland
Virginia West Virginia, North Caro-
lima or South Carolina
Question Already Decided
This question as to residence was de
cided In the case OF Judge Swayne. OF
Florida. and Judge Settle, of North Car
oina tho Senate holding that a man
may be mad circuit or district Judge
and brought from any State for that
purpose but upon assuming judicial
duties must reside in the circuit or
district from which he was appointed.
The Commerce Court was purely "a
statutory court. liable to be abolished
al any time, as the case has shown
and no one would have been willing
10 accept a place on its bench giving
NJ life tenure as district or circuit
Judge. unless provision was made for
taking care OF him i'm just such a
contingency as has arisen in the Com
mcrce Court Lawyers who looEed into
the matter expressed tho opinion un-
hcstatingly that either Judge Knapp.
Judge Hunt Judge Garland or Judge
Mack could be designated as Judge
Gon's successor. and they also con
tended that President Wilson would
>unquestionably hit upon that plan for
reasons which are obvious. They do
not believe that the element OF poll
les will enter into it at all.
|, is necessary for the governemnt
TO take care Of these four judges. and
as President wilson has not been i'm
pressed with the scramble for office.
many Of his friends think that he will
lake the bull by the horns immediately
after Judge Goffs resignation is pre-
sented and designate somebody for
work In the Fourth Circuit. In that
event he will be urged TO name two
circuit Judges and thus enable the
Circuit Court of Appeals to be better
prepared to handle the enormous
docket which comes before IT.
Mr.. PoIInrd's Card.
The determination of Attorney Gen
sral McReynolds TO pick younger men
for the Federal bench. in so far as tina
Continued on Eighth Pagc.)