The Richmond Virginian. (Richmond, Va.) 1910-1920, 1917-02-28
Was Not Candidate, But Is
Given Appointment Without
Endorsement of Amy Faction
LAWYER, TEACHER AND
AUTHOR OF LAW BOOKS
.Eminently Well Qualihed-ls
Dean Of University of Wash
inaton and Lee and Member
Code Revision Commission

Martin Parks Burks. dean of the
law school OF Washington and Lee
university, at Lexington. Va. was yes
terday appointed by Governor Stuart
judge OF the supreme court Of ap-
peals, to succeed Judge George NJ.
Harrison. president OF the court, who
wE retire on March /. The appoint
ment ia effective on that date. and re-
mains In force until thirty days after
the converting of the next general as
scmbiy. That body will then elect
for the full term Of twelve years.
The selection of Professor Burks
20 a seat on the supreme bench OF
Virginia terminates one Of the warm
est contests that has developed in re-
cent years for an appointment to the
highest tribunalt OF the state. Pro-
lessor Burks was not a candidate for
the seat. and while those in the race
received considerable support. the ap-
pointment OF the governor has met
with general approval. Those keenly
Interested in the contest declare that
Governor Stuart could not have made
a wiser selection.
Emineartly Wen Qualified.
The appointment of Professor
Rurks, II In declared. places a man on
the bench who Is eminentiy fitted for
the position. AS practitioner OF law,
before he became a member OF the
faculty Of the Washington and Lee
university he was recognized as a
lawyer Of ability throughout the
state: he has given his profession the
deepest study. and his scholarly
equipment adds to his declared 1T
ness as supreme court Judge,
Professor Burks. who is sixty ak
City. Va, January IS. 1851 He IL
the son OF the late Judge Edward c.
Burks and Mildred Elizabeth Burks
Professor Burks received his degree
OF 3. A. at old Washington college,
now Washington and Lee university,
in 1870. He took the degree OF r.
L. at the University of Virginia In
1874. and was awarded the degree OF
LID. by Roanoke college in 1908.
When the supreme court OF 1898.
Of which Judge Harrison lis the last
member to leave the bench. was ap-
pointed, Professor Burks became re-
porter. which position he has occupied
since In April. 1900. he Was made
professor at the Washington and Lee
university. and since 1908 he has been
dean Of the Law school OF that insti-
tuition.
An Accpeed Authority.
In addition to his recognition as a
lawyer and teacher. Mr.. Burks il a
legal authority. and his treatises on
law arc accepted throughout the
country. HIS book. "Burks' Plead
ing and Practise" h used by the best
known lawyers of the country, and
he - also widely known as the au-
Women In Virginia" The father OF
Judge Burks was q member OF the
supreme court. and, like his son war
also . oodifier of the laws Judge
Rurks Ia 4 member OF the code re-
vision commission.
Professor Burks becomes a Nom Der
% the supreme court solely on merit.
Supported by neither of the political
factions Of the state. he Is at the
same time declared to be acceptat lie
to both.
Byrd Supports Burks.
When Richard Evelyn Byrd, who
was strong candidate In the race
up to two days ago. notified Governor
Stuart that he would not cont'nre in
rhe contest. and threw his support to
Professor Burks. followers Of the race
were convinced that Mr. Burks would
be appointed, Even previous to chat.
however. on account of Mr.. Byrd's
known political aspirations. Profess
sor Burks was advanced for the ar
pointment by reason Of his peculiar
fitness for the seat on the bench.
Judge H. W. Holt. of Staunton.
Immediately following Judge Harrr-
sons resignation. developed back
ing that showed well-organized
support. Petitions. memorials. let
tiers and kilograms began pouring
into the governors ONCE. and numer-
GUS delegations were heard. Judge r.
N. Haas, Of Rockingham. was also
strongly urged for appointment.
Men high in the state government
declare that Professor Burks will add
strength to the supreme bench. such
as II has not had in years.
The new Judge brings to the bench
the experience Of his long practice and
a scholarly knowledge Of law. II has
been stated frequently that the bench
needed the addition Of a scholar. and
in the appointment Of Professor Burks
that has been accomplished
Notwithstanding the belief expressed
in some quarters that when the cleo
ton of supreme Judge comes up in
the next general assembly. for the
full term of twelve years. Judge Burks
will have opposition in the persons Of
Judge Holt and Mr.. Byrd. II 10 not
generally believed that any candidate
will be advanced In opposition to Judge
Burks. Mr.. Byrd. II 10 not believed.
will want the judgeship. because he
will probably be a candidate for gov
srnor in 1891. Judge Holt. Il Is fur
Their believed. will not stand tor cleo
ton against Judge Burks
To De Installed March 9.
The new judge will be formally in
stalled on the supreme bench at the
opening OF the March term of the court,
w hica. conNenes on, next Wednesday,
March 8. although his appointment
dates from March I. the date Of retire.
ment OF Judge Harrison. On the open
.(Continued On Tenth PasAl