Evening star., 1921-05-27
$3.50 USUAL RULE
IN D. c. .JUDGESH|PS
UnWritten Law Has Assigned
Half of Appointments to
Local Men.

President Hardings inquiry as to
whether he is compelled to select a
successor to the late Justice Gould of
the Supreme Court Of the District
from among the residents of the Dis
:-ict brought up an interesting topic
which is being widely discussed.
The President has been Informed
that residence in the District prior to
the appointment is not necessary. and
this gives the impression that he will
consider members of the bar both
outside and inside the District before
filing the vacancy
The feeling here seer1s widespread
that strictly local man. one thor
oughiy conversant with the peculiar
substantive District law. based upon
the old law of Maryland. should be ap-
pointed to the court.
Practice In the Past.
There has prevailed an "unwritten
lay" or tacit understanding to the ef-
feet that the supreme Court of the
District Of Columbia ives to be ap-
that is. that approximately half of
the justices should come from the out
side and at least half from the District.
In some cases those from outside the
District we're appointed from CONGRESS.
but had identified themselves with the
city through years of residence.
The present composition of the
court. following the death OF Justice
Gould. who was essentially District
+. man." though technically from Mary
land. reveals that Justices Frederick
l.. Siddons and William Hitz are in
the same category. the latter having
been born here. and the former hav-
ing been long identified with the Dis
trict and having been Com ss;oner
of the District.
Chief Justice Waiter l. Mccoy was
appointed from New Jersey: Justice
Wendell p. Stafford from Vermont.
ard Justice Thomas J. Bailey from
Tennessee. Thus it will be seen that
posed Of three outside appointees and
two essentially District men.
The death of Justice3Gou!d broke
the "haIf-and- half composition of the
District Supreme Court. and ii is.
, therefore, generally thought most fit
ting that the balance should be re-
stored by the appointment Of a local
man or at least a Marylander who is
at heart one with the District.
Chief Arguments.
-Four ma jor points are marshaled TO
uphold this logical contention. 1t is
believed, in the first place. that the
District ought not to have placed upon
its highest bench. at this time. Il man
from a state where the code laws pre-
vail who would be forced to learn the
peculiar local laws and procedure at
the same time he was attempting to
minister them.
In this connection It is pointed out
that residents OF the state Of Mary
land have special aptitude for local
court work. inaSmuch as the subStan-
tive District law is based upon the
old law of that state. The selection
of Justice Hitz as a member Of the
! District Supreme Court to succeed the
late Justice Anderson proved emil
nently satisfactory to the residents
of the District. for the reason that
Mr.. Hitz is Washingtonian by birth
and practically a lifelong resident in
at the time Of his appointment he was
a citizen of Maryland. owing to his
domicile just across the boundary in
| that state.
Approval OF People.
| Cnquestionably. it is held. the new
! appointee ought not be man who
does not in every sense have the
hearty approval Of the people Of the
be a man whom the people here have
inspected" and one whom they have.
! In a sense. weighed in the balance
and have found not wanting.
; 1t is pointed out. also. that there is
local man This should be stressed. 1t
! is believed, along with the informa-
! tion given the President that resi-
dence in the District prior to the ap-
I pointment is not necessary. The chief
! executive is left free in the matter
! The home-rule principle applies as
! we'll to judicial as to any other kind
| of appointments.
Lastly. as stated. the plan has pre-
vailed hitherto Of balancing the COM
| position of the court in relation to
strictly District men and outs!de men.
/ At present this balance has been dis
: turbed through the loss OF that ster-
ling man, Justice Gould. who was In
every sense a man of the District, al
! though whom appointed he lived in
Maryland. II is the belief Of District
residents that his successor should be
another man identified closAly with
the National Capital.