Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1913-03-28
NEW NEWS OF YESTERDAY
All Instance Of ExtraOrdln-
airy Devotion to Public
Duty

Il think that none Of the appoint
ments made by President Cleveland
better illustrates his constant con-
Germ when the subject OF appoint
ments was under consideration TO Sc
cure the best man possible, the man
conspicuously indicated as the one
best qualified from all points Of view.
than his appointment OF Howell ~.
Jackson as United States Circuit
Judge for the district Of which Ten
nessoe is a part"
So said the bioerapher of President
Cleveland. George r. Parker. TO me a
few weeks after the death of MI.
Cleveland
Furthermore. ] do not know Of any
incident associated with the careers
OF men who have been appointed TO
important Office by President Cleve
land which SO greatly affected him as
the heroism Of Justice Jackson a.
the time Of the hearing upon the in
come tax case.
Judge Jackson without any solicit
tation on his part. had been elected to
the United States Senate as one Of
the representatives in that body from
the state Of Tennes Zee. He CARED
not merely the friendly but the cor
dial intimacy of some OF the great
lawyers OF the Senate in those days.
Benjamin Harrison was especially At
tractod TO Senator Jackson. Between
these two men warm intimacy be-
gan. not terminated until the death
OF Judge Jackson
Before Judge Jackson's term as
United states Senator expired John
Baxter who was judge OF tho United
states Circuit Court in the Tennessee
circuit, died
Mr.. Cleveland told me some years
ago that he couldn't recall the case oil
O vacancy IN an important Office
which had brought TO him so great
a number OF persistent applications
from men who were anxious to be ap-
pointed as Judge BaXters succc. sor
as was the case at that time.
AT last he determined that he
would not be influenced by any of the
recommendations. He told me that
he was greatly impressed by Sena.
tor Jackson not only as O man of pro-
found legal learning. but also as a
man possessing unusual qualiiica-
lions for the place. both intellectual
and personal. II therefore occurred
10 him 10 nominate Senator lack ;cn
Tor tho vacant post Without say
ing q word TO any one, he wrote 10
Senator Jackson 10 say that the ar-
polntment had been made aud that hc
believed IL to be Judge Jackson's duty
to accept &c and, furthermore. that
he might let the various applicants
for the Office, some OF whom were
Judge Jackson's personal friends,
know that the appointment had been
decided upon and insisted upon by
tho President exclusively on his own
motion.
cleveland was greatly pleaaed
when President Harrison, two years
later. appointed Judge jackson as as
sociate Justice OF tho Supreme Court
although IN politics Judge Jackson
offered with President Harrison.
"This appointment. like the one
which President Cleveland him soli
made was decided upon by President
Harrison whouS upon his own initia-
tive. and II was unanimously con-
iirmed by the Senate within a few mo-
mcnts after the nomination was made
Mr. Cleveland often referred to
tho heroic and patriotic action OF
Judge Jackson at the time the income
tax law was under consideration by
the United States Supreme Court
Cleveland told me that Il was the fin
est example OF which he mad 7ny
knowledge Of moral courage and hdel-
ity to duty on the part OF a public
officer
Cleveland knew that Judge jack
son had been stricken with organic
disease Furthermore. the disease
was OF kind which entailed perfect
quiet
Yet when Judge Jackson learned
that the Supreme Court was to con-
slider the income tax and was likely
to be evenly divided since there
would be only eight members OF the
bench sitting unless he took his
place, he arose from what was realls
a death bed and by sheer force OF
will took part in the second hearing
listening with patience and WithOn'
any intlmation of the weakness from
which he was suffering TO the argu
ments and then sharing in the consul
tation which preceded the judemen
of the court From these oonsulta
! tions he went directly to his dealt
bed. Mr. Cleveland never tired Of re
ferring TO this incident as a patheti'
and noble exemplificstion of the high
est sense OF public duty"
Copyright. 1913. by b. J. Edwards. Al
right reservedJ
Tomorrow Mr.. Adwards will Eel
"HoW Great Surgeon Kept Silen
Under Unjust Criticism"