COMMENT AND REVIEW
Close friends have urged me to beg you to withdraw from your candidacy or alleged candidacy for a position upon the Supreme Bench. I cannot do this. If, under an attack to the effect that you have sought something in defiance of legal ethics, you withdraw as a candidate, there will be so much confession in it that your future will become blank as far as I can see. Having announced that you will accept, if offered, the position, you must stand to your position. I know, in saying this, I am giving you advice contrary to the wishes of many of my closest friends, but when one attempts to advise a friend, he must be loyal to that friendship and no other, and I am convinced that you would be committing political suicide should you yield now.
Did I not believe you to be thoroughly honest, and did I not know that, whatever the complications, you would strive to do your duty, I would join with them; but say what they can, you have been an honest governor and you will make an honest Supreme Court judge and any quasi-confession, on your part, that you won't, will be the grossest injustice to yourself.
Now, my dear Governor, I am a fool in comparison to yourself, in many things and claim superiority in none, but I cannot feel that I would not be of some service to you did you consult me or rather follow me in some of these matters.
If the nomination is tendered to you, do accept it, and then make a kind of a judge that will answer all criticisms. Your very honesty makes you do things in a way that, were they done by a dishonest man, would convict you, and you are now in the peculiar position of having every act interpreted by the press in the worst light to which it is susceptible, so that you must be more than circumspect and only write and talk with the full knowledge that what you say will be conveyed to the public through unfriendly channels. Of course, the press feel that you have done it an injustice and they don't want that unjust act interpreted by one whom they believe to be their unflinching enemy, and you must bear this in mind in all you say and do.
I hope I am not offending you, but friendship has its duties and I can no longer stand idly by whilst I believe you to be urged to a course that I am convinced would be fatal to you.
If you do not like me for this, I cannot help it, for I would not like myself should I longer refrain from saying what is in my mind on this subject.
Believe me to be,
Faithfully your friend,
George H. Earle, Jr.
