GOVERNOR, 1904
| Philadelphia, | |
| December 18th, 1903. |
Hon. Samuel W. Pennypacker, Governor.
Sir: As old friends, neighbors and professional associates, we feel in the present situation we should submit for your consideration our views in regard to your letter announcing your intention of accepting the nomination of the next Republican State Convention to the office of associate justice of the Supreme Court of of Pennsylvania, should it be tendered you. It is unnecessary to dwell upon the calamity of an impairment of public respect for that tribunal nor upon our deep professional solicitude in that regard, knowing that you are in full sympathy therewith. Nor do we concern ourselves with the political aspects of matters nor with the loss to the commonwealth of your services as governor. We present our views simply as lawyers jealous of the honor of our profession. The announcement of your candidacy, immediately after the appointment of a Democrat to the office of associate justice of the Supreme Court is accepted by the people of Pennsylvania as conclusive proof that a seat on the Supreme Bench has been made the subject of a political arrangement, and that your choice was not governed by considerations of fitness for the office, but by the purpose to secure the place for yourself. We do not think for a moment that you would knowingly enter into any such barter, but for the chief executive of the state to seek the assistance of influential politicians for a transfer to the Bench, even if coupled with the promise not to use the power of the office to that end, must be regarded as an impropriety.
It is impossible in the nature of things that the mere knowledge that such a wish is cherished should not operate as official pressure; and the influence of the office, direct and indirect, and all the power of those hoping to profit by the change, would combine for its accomplishment.
Even though these views may be mistaken, yet we think the precedent a most evil one, which may be followed hereafter by officials less trustworthy.
It is in view of the mischiefs which may follow and of the possible impairment of the confidence of the people of Pennsylvania in their highest court that we feel constrained to present this remonstrance. We beg to assure you that, not only do we cordially sympathize with you in your desire to return to the Bench, for we should have been glad under any other circumstances to join in furthering your wishes, but we are unable to do so now, as we cannot shut our eyes to the fact that, if you