Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-03-13
WILSON TO FILL
VACANT JUDGESHIP
IN NEAR FUTURE
One or Both of Georgia Sen
atorS May Object to Nom
inee and Request His RejeC-
ton By Senate
BY RALPH SMITH

Wilson is expected to make a nomination
early next week, probably on Tuesday. to
fill the long vacant judgeship in the
southern district of Georgia Whether
the nominee will be confirmed by thu
senate may depend upon the man select
ed by the president.
1t is possible that one or both of the
Georgia senators may object to the nom
inee and request his rejection by the
senate If the senators united in such a
request, 1T is a foregone conclusion thai
their wishes will be respected by their
colleagues and the nomination reject
ed, leaving the southern district further
without the services of an additional
fedeeal judge until such time as the pres
ident may nominate for the judgeship 4
man acceptable to the senators.
If on the other hand, the senators fail
to unite in opposition to the nomination,
a situation will be presented that may
or may not result in rejection.
There are many things more remote
than a disagreement between the sena-
tors respecting the nomination about to
be made.
WEST SELECTED.
Senator Hardwick originally selected
John T. West, of Thomson, for the judi
ial appointment. Under the custom con-
corning the distribution of responsible
tricts of the state Senator Smith con-
Cured in the selection of his colleague
1t was known, though not publicly an
nounced at the time, that the senior
senator would not look with disfavoI
on the nomination of former attorney
general Thomas s. Fielder. of Macon. II
was likewise understood, though not pub
licly stated, that Senator Hardwicb
would not oppose Mr.. Folders confirm
alton in the event of his nomination
though he preferred Mr.. West and pub
licly announced ne had no second choice.
The name of Mr.. West was presented
to the attorney general with the an
nouncement that his nomination would
be satisfactory to Senator Hardwicl
and Senator Smith. Attorney General
Gregory, = whose recommendations con
corning judicial appointments usually
control the president. seemed impressed
with Mr.. Vests legal attainments and
capacity but he has refused thus far
TO recommend his nomination, because
he believes him TO be too old in years
He is So.
The attorney general has never indi-
Gated his reasons for Withholding his
endorsement of Mr.. Fielder but it is I'M
derstood he contends the appointment
should be given to some capable at
torney who has had judicial expert
ence.
In these circumstances, the names OF
several judges and ex-judges have been
under consideration by the department
of justice. Among them Judges u. A
Littlejohn, of Americus; L. V. Whip
pie. of Cordela; Joseph Bennett OF
Brunswick; w. r.. Thomas, of Valdosta,
Tom Parker Of Waycross, and others.
1t is understood that the attorney
general has been well impressed with
the record and experience of several OF
these gentlemen. Senator Hardwick, il
is understood, is not disposed to accept
the nomination of any person other
than Mr.. West or possibly Mr.. Fielder
He believes that Mr.. West, enjoys ev-
cry necessary qualification satisfactor-
lily to discharge the duties of the Judge
ship and he is loath to abandon his
choice and participate i'm the confirma-
ton OF any other nominee.
SENATOR SMITHS VIEW.
Senator Smith takes a different view
of the matter. While he favors thu
nomination of Mr. West. he thinks that
his first duty is to the people of the
southern district. to see that they get
a good, judge He doesn't feel that his
loyalty TO Mr. West should operate tc
commit him everlastingly against the
II.
nizes that the nominating power is
vested solely in the president and that
his rights in the premises are advisory
only.
He exercised this right in advising the
appointment of MIR. West, but if the
president decides to appoint some other
person capable of filing the office, the
senator feels it his duty at least not tc
oppose the. confirmation.
If any one other than Mr.. West should
be nominated, as seems possible. the
chances are that Senator Hardwick earn
estly. will urge the senate to reject the
nomination, while his colleague, Sena-
tor Smith, may vote for the confirmation
The attorney general, it may be point
ed out in this connection, has seemingly
made a studied attempt to ignore and
disregard senators, especially with re-
spect to the judSeship appointments. In
the state of Texas, he utterly disregard
ed the wishes of Senators Culberson and
Sheppard. In louisiana, he did not re-
spect the recommendations of Senators
Brossard and Ransdell concerning a dis
trict court judge. In Ohio he paid nc
heed to the wishes of Senator Pomerene
and in Alabama he informed Senators
Underwood and Bankhead that their rec
concentrations for a federal court ap-
pointment would not be considered as
binding. It has been his policy, in most
cases, to make selections satisfactory "a
himself, and take chance on their con-
firmation in the senate. He has been
universally successful up to date, but
whether he will succeed in the matter oil
the Georgia judgeship remains to Dt
seen.