The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-09-15

II Senator NcKelar's recommenda-
ton is followed. Mr.. Martin will assume
office at once under recess appoint
ment, subject to confirmation by the
senate, or he will hold office until his
successor has been appointed and con-
firmed by the senate.
While Senator Mcclellan has assured
Mr.. Martins friends of his support for
some time, he felt that an observance OF
the usual ,proprieties required that he
should not announce his choice until he
had filed a formal Endorsement.
since Mr.. Martin from the outset has
been regarded as the strong contender
Tor the place because of his friendship
for both United States senators, he has
been the center of spirited attacks from
the friends of some of the applicants.
Numerous messages have been sent to
the department of justice protesting
against Mr.. Martins appointment, and
at least one delegation in which the
local Princeton alumni were present
were in Washington making personal
protest against Mr.. Martins appoint
ment
AS the situation now stands it is
practically certain that the next federal
Judge from West Tennessee will be Mr.
Martin or a Republican. :
Mr.. Martins fight by no means has
been won: II the president acts on Sen
ator. McKellars recommendation Mr..
MdI III Will Sllll De ODllBeu TO run Ln6
gamut of Republican senate.
If Senator McKellar's suggestion is
ignored and the president should ap-
point some other Democrat without the
approval Of both of the senators there
is small likelihood that the appointee
lar in all likelihood would stand upon
his right to refuse to confirm an ap-
pointment contrary to his recommenda-
tion.
The congress does not meet until
December. In the meantime the presi
dental election will have been held.
If Gov Cox is elected the senate, not
withstanding it is Republican, will not
likely stand in the way of confirming
presidential appointments.
In the event of Senator Hardings s
election the situation may take a diff
ferent turn. Republican lawyers in
West Tennessee are desirous Of retain
ing the judgeship, and in the event Of
Senator Harding's election Strong pres
sure will be brought to bear to prevent
confirmation \until after the inaugura-
tion of a Republican president at which
time the judgeship win become Repub
lican patronage.
1t is understood that Senator Shields
made no recommendation with regard to
the vacancy He has been content to
await developments and see that no
appointment hostile to him is con-
firmed
Senator Shields is one OF the ranking
members of the judiciary committee,
to which all such appointments are re-
ferred and an appointment objection
able to him would never be reported
out of the committee Tor confirmation.
The friends of Mr.. Martin are en-
couraged over his prospect of appoint
ment and confirmation. He is a young
lawyer of splendid ability with large
practice. He has taken a prominent
part in state politics for a number of
years.
He managed the campaign in Shelby
county for the Independent candidates
for the supreme court of appeals in 1910.
He managed Senator Shields campaign
for denomination in Shelby county in
1917 He is a close personal and politi-
cal friend of Gov. Roberts. For a num-
ber of years Mr. Martin has been a
member of the Democratic state com
mittee from the Tenth district. He has
taken an active part in local politics
also.
Mr.. Martin had not only strong in
dorsement from the Memphis bar, but
from lawyers of prominence throughout
the state, including judges Of the SUI
preme court and court Of appeals.
Mr.. Martin is 81 years OF age and a
native OF Memphis. He is n graduate
of the University Of Virginia law de-
partment He was admitted to the bar
in 1905 and began the practice Of law
with the firm of Lehman e. Gates,
the. style Of the firm being changed
to Lehman, Gates a. Martin. After the
retirement of Mr.. Lehman, he was a
member Of the firm or Gates & Martin,
an association which continued until
the first Of this year. Mr.. Martin is
president OF the Southern league. Until