Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-01-16
GOVERNOR PENNYPACKER PANIED
BY LETTER FROM FELLOW JURISTS
Executive Was Greatly Distressed Over Apparent
Lack Of Confidence in His Integrity Regard
ing Supreme Court Nomination

reason. IL was a justification OF Warren
in his dread of the North American.
The singular weakness of the document,
the fact that the question they raised had
already been determined in a way contrary
to their thought was of little moment. The
fact stared me in the face that. SO far as
they were concerned. was left to fight my
battles as / might alone. With respect 20
its contents. there is only need to point out
that my letter to the Public Ledger did
not announce an intention of accepting
the nomination" that IL aid not announce
candidacy" and that it did not express a
desire TO return to the bench" These
were only the mistaken newspaper inter.
pretations and the word barter was taken
from the editorial of the Record, with that
journals unsound analysis of its own as
sumed facts. The standard of ethics which
It was suggested that ought to maintain;
/. e., that the mere knowledge that such q
wish is cherished" operates "as official
pressure" and, therefore, that ought not
to entertain such a wish is an impossible
standard. A few years later Charles +.
Hughes went from the Governorship Of
New York TO the Supreme Court of the
United States, and not one of these friends
of mine made a whimper about the possibh.
impairment of the confidence of the people
in the court Moreover, my letter ex.
pressed no such wish. If their statement
that they would be glad under other cir
cumstances" to further my wishes was in
tended as an implied promise, then never
heard that any one of them endeavored to
INF Il
IDENTIFY wanted me to do, and to decline In
advance a nomination which might never
be rendered, would have been, had com
piled, to have placed myself in n prepos-
ferrous position. Carson, who, along with
Quay, knew Of the conclusion [ had
reached agreed with me that they had no
right whatever TO force from me declars-
ton Of purpose. My answer ran:
The Answer
Gentlemen
| must appreciate the kindly feeling
which pervades your letter. Its main ef.
feet has been to sadden me. II you do not
care to judge me by the acts of my Judi
clal ana gubernatorial life, and you feel
that past conduct is not a safe guide by
Which TO determine what may be done In
the future, may at least ask you TO s,Is.
closed. Sincerely yours,
This ought to have been enough for a
man with his eyes open, TO have given a
cue, but it was not, and they went along,
printed their round-robin and helped the
newspapers in their futile campaign The
next step soon followed. j. Hay Brown so
far forgot his obligations as to give to the
North American an interview, in which
he said:
cannot say more than that the bench
ever relies upon the bar to sustain ana
protect It, and have faith to believe that
the lawyers Of the State. and the people
VINO are their clients. will deliver it from
What the press, in rejecting the senti.
fnent or all decent people justly regards
as the Governors menace to its safety
Here was presented a fine opportunity
Tor Mr.. Dickson, Mr. johnson and Nh.
Graham. Justice of the highest court
from the bench, by a publication in a dis.
credltable sheet. sought openly to affect the
action OF the convention OF a political party
With what effect, assured that they stood
upon safe ground, could they have des
canted upon the impairment of public re.
spect for that tribunal" but it passed as a
neglected opportunity.
Tomorrow Governor Pennypacker teII. 4.
quays part In the general disturbancs o1ar tS
supreme court yacancy. " '''