Every evening, Wilmington daily commercial., 1918-12-03
Circulation Every 1OcN0
Evening Yesterday i OOOO
TUESDAY. DECEMBER 8 1915
The Federal Judgeship.

On the 2Oth dav of MAY, this year, he
office OF Judge of the United States Court
for the District of Delaware became
vacant. nv reason of the formal reslgna-
tlon OF Judge Edward G. Bradford.
From that day Ia this the official posi-
ton has remained untitled The pressing
duties pertaining to the office have been
most obIiginglv filled by Judge Victor
E. Wuollev of the United States Circuit
Court, hut il IS an imposition upon Judge
Woolev to expect hlm to continue this
service indefinitely An appointment
should hc made - that the functions Of
the Office may hc continued evenly and
uninterrupted, 'ihc requirements Of the
pubhc service demand this
II IL no secret that The long contlnna-
tiou pf thi~ vacancy Il due 10 dis
agreement bctw cen our two nItcd states
Senators senator salisbury and Senator
polcott -as 10 who should have the
Office. senator salisbury 5 candidate IS
Richard ; Rodney. of New Castle Sen
ator Nolcott> preference Is James II
Hughes of Dover = neither Senator
would Weld. the result was deadlock.
President Wilson, naturally. and by rca-
son Of the Influences that prevail IN the
United States Senate in respect Of nomin-
ations to Federal Office, refraned from
interfering between the two Delaware
Senators and making selection on his
own part. He might have done this, but
when his appointment came before the
Senate for confirmation, the objection Of
either Of the Delaware Senators would
have nuIIihed IT absolutely Senatorial
courtesy" goes to the extent that the
President may not make any Federal
appointment IN any State thai is OBJ
nonous or unsatisfactory 10 a Senator
from that State The senatorial objection,
no matter how groundless, or even ipo!-
ish il NAV be, proves bar TO confrma-
ton.
II is apparent, therefore, that the long
continued vacancy III the Office OF Judge
OF the United States Court for the District
OF Delaware IS due to the disagreement
between Senators salisbury and Nolcott
as to the appointee No matter which
Senator the President might favor in
making an appointment, the objection OF
the other Senator. under the unwTItten
but potent rule Of senatorial courtesy.
would prevent confirmation. The Presl-
dent, therefore, viii not act until the two
Senators are IN accord IN respect Of an
appointment.
And why should not Senators Sauls-
bury and Nolcott come to an agreement
in respect Of tins important matter To
the average layman there Is no reason
whatever He would say, IN the event
that no other basis OF compromise proved
acceptable, TOSS penny, or resort TO
anv other Of the multitudinous elements
of the game OF chance, IN order TO arrive
at q conclusion And with the array oi
good lawyers comprising the bar OF Della
ware, il will not be disputed that even q
selection made BY the rule of chance, IN
order 10 settle the disagreement between
the two Senators, would not result IN
detriment to the public service. Chance
could i.aldly fail to make a capable Sc
lection
But TINS deadlock between our two
United States Senators should not be
longer continued The public interests
suffer because of the continuance OF thus
official vacancy 1t Is said that old fac
tonal ISSUES divide them and keep them
apart. But why The climax Of the old
L. l.
bury and Woicott factions caIne 80 years
ago this very year Of grace Is there any
reason now for revivihg the old bitter
ness? Surely, Senator Salisbury, after
having been honored By election to the
United States Senate and unanimously
renominated for another term, has no
reason for retaining the old factionaL
bitterness of his predecessors. AS TO Senator
Woleott after espIendid manifestations of
public support and Endorsement he re-
ceived at the hands Of the voters Of Dela-
ware at the election of l9l6-a support
that had not the remotest shadow of
factional opposition, but was full to over
flowing with evidences Of popular con-
fdence-he should be the last man in
Delaware to give the slightest considera-
t4on to any factional fight Of the dis
tant past.
And so we say there Is no reason why
Senators Salisbury and Wolcott should
not come together and agree upon an
appointment 10 the office of Judge Of the
United States Court for the District of
Delaware If they continue their dis
agreement there will be no action. Cel-
tainly they should not permit the vacancy
TO continue.
SO far as the interests OF the public
are concerned, it does not matter whether