Every evening, Wilmington daily commercial., 1921-05-25
Tpr JUDICIAL APPOINTMENTS.

If no other considerations but those
OF fitness and capacity were applied to
the judicial appointments announced
la Governor Denney. yesterday. there
would be no occasion for any comment
other than that of a favorable and
approving character. For while 1t may
with some force be advanced that Chan
ceIlor Curtis and Associate Judge Boyce
were as fully entitled by reason of abil-
ity and good service, 10 reappointment
az was Chief Justice Pennewill--Jndge
Conwds age. nearly 20 years. operat-
ine as a bar 10 his reappointment-
there is no doubt that Senator
Wcicott. MIR. Harrington and Mr..
richards. who were named TO succeed
them. respectively. are lawyers of the
required capacity. capable of measur-
ing fully 70 an the requirements of
their judicial stations.
But there are other elements con-
uected with these appointments. espe-
claiy the appointment to the position
uf Chancellor which do not tend to
create thar favorable impression which
L should b. the aim of the appointive
power 20 create in the public mind. at
an times. with respect to judicial selec-
tions. II is in a large measure disap-
pointing, IL not disquieting, 10 have
political associations of any kind enter
ing into the selection of those who are
To Interpret the law and administer fair
justice between man and man in the
courts OF our State. We do not mean
by this to even intimate that there is
remote threat of such undesirable in
terference in the performance of their
duties by any of these recipients of
Governor Denney's favor: but that it
is unfortunate 10 have partisan in
fiuenoes even remotely involved in judi
oiai appointments is apparent to all
good citizens.
acter. capacity and legal attainments
to perform the duties of the high judi
clal station for which ne has been named,
and IL win be well understood why ne
should incline strongly to a position
which to a man OF his temperament
must seem so congenial and attractive.
But senator wolcott. al the election in
1916. was commissioned by the people
IL Delaware for service in the United
States Senate for a term of six years
from the fourth day of March next
ensuing, and that term does not expire
unti March I. 1923. BY accepting ap-
pointment TO another office. therefore,
he breaks the contract which he made
with the people of Delaware. and which
they completed in a most compliment
AIRY manner on their part, electing him
by a clear majority of the popular vote,
with fun knowledge that he was a can
dldate Of the Democratic party. His
resignation at this time, therefore, would
practically violate the political condi-
tions attached TO that contract with
the people OF Delaware. as il would
create vacancy in the United States
Senate which Governor Denney would
an by appointment of a man taken from
the Republican party. whose candidate
for the honor was so positively defeated
by Senator Wilcott at the 1916 election.
Most regrettable of all other elements
that enter into the situation, however,
is That Of partisan intrigue among
politicians for securing advantage
through the creation of a vacancy in
the Senate and temporary appointment
thereto by Governor Denney. Further
ance is undoubtedly impaired to this
partisan intrigue by Senator WoIcott's
willingness to resign the Senatorship
in consideration Of appointment to the
position Of Chancellor. And while it
may be difficult to reconcile Democratic
sentiment in Delaware to the partisan
advantage impaired TO the Republican
party by Senator Wolcotts resignation,
IL may prove even more difficult to rec
onciie sound public sentiment to the
injection Of political considerations of
any character into the most important
duty OF making judicial appointments.
Ia word, ii may be set down as a
fact that a large majority of our people
would have felt far better had Gov
ernor Denney made his judicial selec-
tions with no other considerations in
view save those Of we'll serving the in
tererts Of the people.
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