Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-02-20
HOKE SMITH MAKES
PUBLIC HIS LETTER
To JUDGE NEWMAN
Authorizes Publication Also of
Letter to Judge Burlington
in November 1914, in Re-
gard to Additional Judges

w llllan newman on january u. lJl 4,
in regard to the Webb judgeship bill.
In this letter Senator Smith recalls to
Judge Newman that the first suggestion
of the legislation came from the judge
himself He points to the fact that inn
mediately after Judge Newman called
upon him In regard to such legislation
the senator wrote TO Judge Burlington,
of Pennsylvania, in regard to the matter,
embodying in the letter the suggestions
Judge Newman had. conveyed to him.
Senator Smith also gave out copy
of the letter to Judge Burlington, which |
was written November 10, 1914. The !
senator, i'm giving out this correspond |
ence. expressed regret that it was neces-
sary for him to do so.
Judge Newman" he said, may now
consider himself able to carry the strain |
of all the work of his office without |
physical injury, but in November, 1914, |
he called upon me in Atlanta and asked |
my support for a measure which would |
give an additional judge for the northern |
district of Georgia.
PHYSICAL STRAIN TOO GREAT.
AT that time he did not desire to
continue the physical strain placed upon
him by carrying the entire work of the
court.
nave not misrepresentation MIN HOi
his position. The passage Of the bill
would do MIN no injury. rob him Of no
honor and frankly 1 am surprised at
his statement
1.-The measure is democratic one, APP
plicable to the entire nation. 1t gives
to President Wilson the appointment of
some thirty federal judges. 1t is in
every sense an administration measure.
There has been no organized Democratic
opposition TO the bill outside Of Geor-
gia-
THE clamor raised by some of the
professional patriots in Atlanta is no
here in Washington.
Those who know these professionals
know full well that their agitation is
not in the real interest of Judge New
man. Their methods are not new to me
and l do not suppose they are to the peo-
pie of Georgia"
The letters of Senator Smith to Judge |
Newman and Judge Burlington follow:
SENATOR SMITHS LETTER.
January %. 1917.
Judge William T. Newman,
Atlanta, Ga.
My Dear Judge:
Your letter of the 18TH, together
with the article written January 25,
to The Atlanta Journal by Mr.. Ralph,
Smith, reached me today, and
have read agadn carefully that part
of the article which you have
marked.
do not think any one should
gather from the article that the ex- |
act bill now pending in congress
was brought by you to my attention.
On the contrary, 1 think they
would understand that 1T was rather
the subject matter of such legisla-
ton which we discussed, and that
the subject generally of such legis-
lation was first called to my atten-
tion by yourself.
II is undoubtedly true that this
particular bill was not the subject
of discussion between you and me.
i first introduced a bill on this
subject December %, 1914. Our
conversation was in November, 1914,
in Atlanta / am so accurate about
the date because on November 10,
1914, wrote letter to Judge Buff
fington, a copy of which L have in
my files, in which | stated that you
had just called at my office, and
mentioned the fact that he had writ
ten to Judge Pardee with reference
to proposed legislation under which
circuit and district court judges,
who had passed seventy years of
age, might remain partly at work,
and vet be free from the labors of
their office.
QUOTES SUBSTANCE OF TALK.
Ny letter to Judge Burlington
goes on to repeat the substance of
our conversation. and refers to the
bill as one providing for the appoint
ment of a new judge who shall carry
the responsibility of the office,
while the judges who have passed
seventy would be assigned only on
special work.
This letter was written imme-
diately after you left my office and
embodied substantially what l I'M
derstood you to say.
On returning to Washington, and
making inquiry about the proposed
Legislation, l found that it had been
recommended by Attorney General
McReynolds in 1913. l also found
that Attorney General Gregory had
repeated the recommendation in his
annual report of 1914, and the bill |
which ] introduced in the senate in
December %, 1914. was the admin
istration bill prepared with the aid
of the attorney general, and prac-
tically a duplicate as l remember
the bill pending in the house.
AS the Legislation to which you
referred in our conversation pro-
vided for the appointment of a new
judge, who was to carry the respon-
sibility of the office, while the Judge
who had passed seevnty was to be
assigned only to special work, and
as this was the only legislation on
the subject which / found under con-
sideration in Washington, | had no
doubt that il was the legislation
to which Judge Burlington referred.
and. therefore. the legislation to
which you were referring.
The department of justice has
now four times recommended legis-
lation of this character. The pend
ing bill was prepared in the depart
ment Of justice and differs from the
original recommendation of the at
torney general only to this extent:
The attorney general recommend
ed that in all cases where a judge
had passed seventy and had the right
TO resign on full pay and failed to do
so. the president should appoint an
additional Judge, and thereafter the
Judge passed seventy should be re-
lieved from the burden of carrying
the entire work of his circuit or dis
trict, and the new Judge should car
ry the responsibility Of the office, the
old Judge to be assigned to special |