Evening star., 1939-02-12
Fifty Years Ago
In the Star

One of the first appointments made by
President Cleveland after his induction
into Office in 1885, was the
SelectIon OF naming of Judge William
O'striet M Merrick to the District
'uoees Supreme Court. singu-
larly enough, one Of the last appoint
ments he was called upon to make for
the District was to fill the vacancy
caused by Judge Merrick's death. The
Star, in its issue of February II, 1889,
makes the following editorial comment
on the selection of Gen. A. E. Stevenson
as the new judge:
"A protest by the District against
President Cleveland's appointment of an
outsider as the successor to Judge Mer-
rick on the District bench would be un-
availing if it should be based only on
the ground that such an appointment is
a violation of democratic home-rule
pledges, and an unnatural approval and
Endorsement by the democracy of carpet
bag government. Experience has shown
that such a protest is fruitless. But in
the present case, the Senate, acting in
accordance with an avowed political
policy, is likely to act also in the interests
of the District, and to rebuke by inaction
the effort of the retiring President to
dispose of judicial life Office as a
political reward in contempt Of the senti-
ment of the people whose laws this off,
Ger is to construe.
Practice in the District is essential to
model Districts judge. But there is
nothing in common between modern code
procedure and the District common law
practice modified by rules of court, and
the more that a lawyer is imbued with
the spirit of one the more unified he is
to practice or direct practice under the
other A knowledge of the substantive
law of the District, with all its omissions
and imperfections and varied sources of
derivation, sufficient to enable one to pre-
side satisfactorily as judge, can be OBJ
tanned only by protracted study. 1t is
not to the interest of the District to
have its Supreme Court supplied with
apprentice members who will be required
to learn and administer District law
simultaneously. And these apprentices
from the States will generally be used-up
and discarded politicians too old and
fixed to learn, even if they retain the
ability to do so.
"The District bar boasts many men of
ability and integrity. Professional jeal-
ton of one among their number for ele-
vation to the bench, and reasonable fears
of the petty revenge which may be visited
upon them by lifelong judge whose con-
firmation they may fail to prevent, often
restrains them from active opposition to
the confirmation of an outside appoint
ment, which they, nevertheless, condemn
as a menaceto the community and resent
as an insult to themselves. In this case,
however, the bar can safely be out
spoken. The Senate will hardly make
an exception and confirm Mr.. Stevenson,
and what the lawyers of the city say
will have special reference to the action
of Gen. Harrison. But whatever the
opinion of the resident lawyers so con-
temptuously set aside, in an outside ap-
pointment, the people of the District
enter their solemn, protest against a
policy which will inevitably fill their
Supreme Court with semi-legal, out-of-
job politicians, rusty not merely in Dis
trict law, but law IN general, appointed
as a reward for political services, and
not as a recognition of legal reputation,
who will draw their salaries as pensions,
muddle the law, damage the community
and subject the Districts court to the
contempt Of the other legal tribunals Of
the Republic as long as they live"