1. Between Gilbert's death on April 27, 1931, and Rudkin's death on May 3, 1931, the court did not meet. When it convened on May 4, 1931, Senior Judge Curtis Wilbur observed that Rudkin had succeeded Gilbert as senior judge after Gilbert's death. Rudkin thus had the shortest term as senior or chief judge—six days—in the history of the court (33 Minutes of the United States Court of Appeals for the Ninth Circuit 282 [May 4, 1931]).

2. Scholarship on the appointment process prior to the 1950s is scanty. Professor Kermit Hall has written extensively about the nineteenth-century selection process ( see , e.g., K. Hall, The Politics of Justice: Lower Federal Judicial Selection and the Second Party System 1829-61 [1979]; Hall, "The Children of the Cabins: The Lower Federal Judiciary, Modernization, and Political Culture, 1789-1899," 75 Nw. U.L. Rev. 423 [1980]; Hall, "Mere Party and the Magic Mirror: California's First Lower Federal Judicial Appointments," 32 Hastings L.J. 819 [1981]). Judge Evan A. Evans wrote an interesting survey of the politics of appointment from the Cleveland through the second Roosevelt administration (Evans, "Political Influences in the Selection of Federal Judges," 1948 Wis. L. Rev. 330). Evans's article focuses heavily on the partisan impulses of the administration in power, however, and not on the internal administration procedures for selecting judges. On the present system, from the 1950s onward, scholarly treatments of the appointment process are more plentiful: see , e.g., H. Chase, Federal Judges: The Appointing Process (1972); Goldman, "Judicial Appointments to the United States Courts of Appeals,'' 1967 Wis. L. Rev. 186; Scott, "The Selection of Federal Judges," 24 Wash. and Lee L. Rev. 205 (1967). The mechanics of judicial appointment in the half-century covered by this study are thus neglected in the scholarly literature on the federal courts. Analysis of the Ninth Circuit judges appointed by Roosevelt provides an opportunity to explore the role of such key considerations as age, geography, political activity, prior judicial experience, and patronage, in the selection process for federal appellate court judges. At the same time, the personal stresses and experiences encountered by judicial candidates more readily appear.

3. Act of Oct. 22, 1913, ch. 32, 38 Stat. 208, 219. Act of Mar. 1, 1929, ch. 413, 45 Stat. 1414. Act of Mar. 1, 1929, ch. 413, § 1, *§ 2, 45 Stat. 1414; see S. Rep. No. 1486, 70th Cong., 2d Sess. 1 (1929).

4. H.R. Rep. No. 782, 70th Cong., 1st Sess. (1928). S. Rep. No. 1486, 70th Cong., 2d Sess. 1-2 (1929). U.S. Department of Commerce, Bureau of the Census, 2 Historical Statistics of the United States 1083 (1975). In 1920, 158 appeals were docketed in the Ninth Circuit, compared to 339 in 1929 ( see 1920 Att'y Gen. Ann. Rep. 199; 1929 Att'y Gen. Ann. Rep. 89). The court's docket books show 339 appeals field in the court in 1929, rather than the 338 listed by the attorney general ( see infra , Appendix).

5. San Francisco Chronicle , Mar. 2, 1929, at 1, col. 5. See San Francisco Chronicle , Jan. 15, 1929, at 9, col. 2. The press's reasoning about Californians proved to be false, for Hoover appointed Curtis Wilbur's brother Ray as secretary of the interior ( San Francisco Chronicle , Mar. 3, 1929, at 22, col. 3). San Francisco Chronicle , Mar. 21, 1929, at 1, col. 4. See San Francisco Chronicle , Mar. 19, 1929, at 5, col. 1; id. , May 3, 1929, at 1, col. 5. See File of Curtis D. Wilbur, Nomination Papers of Ninth Circuit Judges, RG 46, National Archives, Washington, D.C.

6. For a fascinating look at Wilbur's background and early childhood, see The Memoirs of Ray Lyman Wilbur, 1875-1949 , especially chapters 1 and 2 (E. Robinson and P. Edwards, eds., 1960). His brother, Ray Lyman Wilbur, was not only a prominent doctor and secretary of the interior but also a president of Stanford University. Curtis married Ella T. Chilson on November 9, 1893, but she died only three years later. On January 13, 1898, he married Olive Doolittle, with whom he had four children ( Dictionary of American Biography , Supp. 5 at 746 [1977]).

7. For additional biographical information on Wilbur, see Judges of the United States 532 (2d ed. 1983).

8. For a brief description of the Washington Treaty, see C. Colombos, The International Law of the Sea 492-93 (6th ed. 1967). See generally Dictionary of American Biography, supra note 6, at 746.

9. His length of service was certainly a record up to May of 1972, when the Senate Judiciary Committee issued its committee print ( see Committee on the Judiciary, "Legislative History of the United States Circuit Courts of Appeals and the Judges Who Served During the Period 1801 Through May 1972," Senate Comm. on Judiciary, 92d Cong., 2d Sess. [1972, charts on each circuit]) (hereinafter Senate Judiciary Committee, "Legislative History"). San Francisco Chronicle , Apr. 28, 1931, at *16, col. 5.

10. Wilbur expressed his great respect for Gilbert in his address to commemorate Gilbert's service on the court: "We should recognize frankly that it is impossible to appraise the value of his work, for the result of his keen intellect, his industry and his sense of justice and fair dealing manifested in a rapidly growing section of the country during its entire formative period must have pervaded the community in ways and with results that cannot be known" ("In Memoriam: Hon. William B. Gilbert," 52 F.2d xxxi, xxxii [1931, statement of Senior Circuit Judge Curtis D. Wilbur]). On the Judicial Conference of Senior Judges, see generally F. Frankfurter and J. Landis, The Business of the Supreme

Court 217-54 (1928); P. Fish, The Politics of Federal Judicial Administration 40-90 (1973).

11. He retired on his seventy-eighth birthday, May 10, 1945, but continued to hear appeals as a senior status judge until his death on September 8, 1954.

12. Of Hoover's judicial appointees, 85.7 percent were Republican; of Taft's, 82.2 percent. With one exception, all of the other presidents in this period, including Franklin Roosevelt, appointed members of their own party to over 90 percent of the available posts; Benjamin Harrison appointed 87.9 percent ( see Evans, "Political Influences in the Selection of Federal Judges," 1948 Wis. L. Rev. 330, 334). "As a practitioner he was noted for the care and thoroughness with which he examined all matters and the fairness with which he conducted, both in and out of court, all matters intrusted to his charge" (''In Memoriam: Honorable Wm. H. Sawtelle," 79 F.2d xi, xi [Dec. 17, 1935, statement of Honorable Samuel L. Pattee]).

13. He received his commission on January 29, 1931, and took his oath on February 6, 1931. See generally File of William H. Sawtelle, Nomination Papers of Ninth Circuit Judges, RG 46, National Archives, Washington, D.C. (hereinafter Sawtelle Circuit Judgeship Nomination File). M. C. Atchison to Senator George W. Norris, Jan. 12, 1931, Sawtelle Circuit Judgeship Nomination File. Charles H. Richeson to Senator George W. Norris, Feb. 2, 1931, Sawtelle Circuit Judgeship Nomination File. For more on Sawtelle's appointment to the district court, see "Memorandum for the President Concerning William H. Sawtelle, Tucson, Arizona, whose Nomination to be United States District Judge for the District of Arizona is Recommended," July 24, 1913, File of William H. Sawtelle, Judges, Ninth Circuit Court of Appeals, Department of Justice General Records, RG 60, National Archives, Washington, D.C.

14. Doctors initially diagnosed the cause of death as a heart attack, but later decided that he died when he struck the back of his head at the bottom of the staircase ( San Francisco Chronicle , Dec. 18, 1934, at 4, col. 1). Evans, "A Work Sheet of Judicial Labor of Appellate Federal Courts," 1943 Wis. L. Rev. 313, 321. Evans placed the average much lower because he counted 1930 and 1935, years in which Sawtelle was not on the court. The fifteen opinions Evans cites from 1935 may have been released by the other judges after Sawtelle's death ( see id. ). 1929 Att'y Gen. Ann. Rep. 89; 1930 Att'y Gen. Ann. Rep. 105; 1932 Att'y Gen. Ann. Rep. 145. 79 F.2d at *xiv (statement of Curtis D. Wilbur).

15. 79 F.2d at xv (statement of Francis A. Garrecht). 79 F.2d at *xvi (statement of William Denman).

16. A number of his opinions were cited by American Law Reports (ALR) ( see , e.g., Ocean Accident and Guar. Corp. v. Rubin , 73 F.2d 157 [9th Cir. 1934], cited by 96 A.L.R. 412; Madden v. LaCofske , 72 F.2d 602 [9th Cir. 1934], cited by 95 A.L.R. 370; Fidelity and Deposit Co. v. Lindholm , 66 F.2d 56 [9th Cir. 1933], cited by 89 A.L.R. 279; California Prune and Apricot Growers Ass'n v. Catz Am. Co. , 60 F.2d 788 [9th Cir. 1932], cited by 85 A.L.R. 1117; Yoshizawa v. Hewitt , 52 F.2d 411 [9th Cir. 1931], cited by 79 A.L.R. 317).

17. See , e.g., Donahue v. United States , 56 F.2d 94, 97 (9th Cir. 1932, Sawtelle, J., dissenting; search and seizure case); Darrow v. United States , 61 F.2d 124 (9th Cir. 1932; war risk insurance case). Compare Ocean Accident and

Guar. Corp. v. Rubin , 73 F.2d 157 (9th Cir. 1934; permitting recovery on an insurance contract) and Fidelity and Deposit Co. v. Lindholm , 66 F.2d 56 (9th Cir. 1933; permitting action at common law to avoid the statute of limitations) with Howes v. United States Fidelity and Guar. Co. , 73 F.2d 611 (9th Cir. 1934; denying recovery for failure to comply with a condition precedent under an accident policy).

18. Act of June 16, 1933, ch. 102, 48 Stat. 310. Evans, supra note 12, at 335-36. In his 90 percent figure, Evans does not break down the tallies for the district courts and the circuit courts of appeals, but even assuming that most of the Democratic judges were on the district court, Roosevelt nevertheless still had a very small group from which to elevate ( see id. at 336). Of the seven judges Roosevelt appointed to the Ninth Circuit, only Albert Lee Stephens was promoted from the district bench, and he had been appointed to that seat by Roosevelt himself.

19. "In Memory of Honorable Francis Arthur Garrecht," 169 F.2d li, lii-iii, *lv (Aug. 31, 1948, statement of Benjamin H. Kizer).

20. See "Francis A. Garrecht: Senior Circuit Judge: Ninth Circuit," 33 A.B.A. J. 239, *239 (1947). Four years later, Garrecht married Miss Frances T. Lyons, also from Walla Walla; the marriage was to last forty-seven years (169 F.2d at liv).

21. "Francis A. Garrecht," supra note 20, at 240 (quoting press dispatch).

22. United States v. West Side Irrigating Co. , 230 F. 284 (E.D. Wash. 1916, per Rudkin, J.), aff'd , 246 F. 212 (9th Cir. 1917), appeal dismissed per stipulation , 260 U.S. 756 (1922). Northern Pac. Ry. Co. v. Wismer , 230 F. 591 (9th Cir. 1916), aff'd , 246 U.S. 283 (1918). "Francis A. Garrecht," supra note 20, at 240.

23. See "Francis A. Garrecht," supra note 20, at 240-41.

24. Roosevelt nominated Garrecht on May 3, 1933, and the Senate confirmed him on May 16, 1933. He assumed his post on May 22, 1933. See generally San Francisco Chronicle , May 5, 1933, at 10, col. 6; see also Senate Judiciary Committee, "Legislative History," at 23-28. File of Francis A. Garrecht, Nomination Papers of Ninth Circuit Judges, RG 46, National Archives, Washington, D.C. Francis A. Garrecht Personnel File, Federal Records Center, National Archives, St. Louis, Missouri (hereinafter Garrecht Personnel File).

25. See , e.g., NLRB v. Montgomery and Ward Co. , 133 F.2d 676 (9th Cir. 1943); NLRB v. Union Pacific Stages, Inc. , 99 F.2d 153 (9th Cir. 1938); Phillips v. Baker , 121 F.2d 752 (9th Cir. 1941); Gillons v. Shell Oil Co. , 86 F.2d 600 (9th Cir. 1936); Craig v. United States , 81 F.2d 816 (9th Cir. 1936); United States v. Arenas , 158 F.2d 730 (9th Cir. 1946). San Francisco Recorder , Aug. 12, 1948, at 1, col. 5. Garrecht became senior judge of the Ninth Circuit upon Wilbur's retirement on May 11, 1945, and his service on the court ended with his death by heart attack on August 11, 1948, at the age of seventy-seven. For details of his death, see San Francisco Chronicle , Aug. 12, 1948, at 7, col. 1; see also San Francisco Recorder , Aug. 12, 1948, at 1, cols. 3-4.

26. Act of June 16, 1933, ch. 102, 48 Stat. 310-11. The statute provided: "That the President is authorized, by and with the advice and consent of the Senate, to appoint a circuit judge to fill the vacancy in the United States Circuit

Court of Appeals for the Ninth Judicial Circuit occasioned by the death of Honorable William B. Gilbert. A vacancy [ sic ] occurring at any time in the office of circuit judge referred to in this section is authorized to be filled." Biographical sketches of Denman are plentiful. See C. Taylor, Bench and Bar of California, 1937-38 , at 146-47 (1937); C. Taylor, Bench and Bar of California 64 (Centennial ed. 1949); 3 Who Was Who in America, 1951-1960 , at 221 (1963); "In Memoriam: Honorable William Denman," 262 F.2d 7 (Mar. 30, 1959); Biographical Sketch, William Denman Papers, Bancroft Library, University of California, Berkeley (hereinafter Denman Papers); Biographical Sketch, William Denman Personnel File, Federal Records Center, National Archives, St. Louis, Missouri (hereinafter Denman Personnel File). Garrecht was the first Ninth Circuit judge to be born in the circuit. On Denman's claims, see , e.g., Denman to Hiram Johnson, Nov. 28, 1934, Denman Papers. As a private practitioner, Denman's first celebrated case was in admiralty, involving the unseaworthiness of the steamer Rio de Janeiro , which was lost just inside the Golden Gate in 1901 because her Chinese crew failed to understand the orders of her American officers. As the story was told after his death, Denman matched wits against the celebrated Hall McAllister, one of the greatest lawyers in California history, with Denman winning the case for the claimants ( see "In Memoriam, Honorable William Denman," 262 F.2d at 8 [statement of William R. Wallace]). But if Denman opposed a Hall McAllister, it was probably the son of Cutler McAllister, who was the great Hall's brother and the son of Judge Matthew Hall McAllister, the first circuit judge in California ( see Watson, "The San Francisco McAllisters,'' 11 Calif. Hist. Soc. Q. 124, 126 [1932]). In any event, Denman had a very successful career at the admiralty bar and a lifelong interest in maritime issues.

27. See generally C. W. Taylor, Bench and Bar of California, 1937-38 , at 146. These laws included attempts to eliminate corruption among California political bosses, to diminish the political power of the Southern Pacific Railroad, to remove legislative control from internal county affairs, and to augment environmental conservation measures ( see H. Melendy and B. Gilbert, The Governors of California: Peter H. Burnett to Edmund G. Brown 308-12 [1965]).

28. No stranger to controversy, Denman was considered "honest but insignificant" as shipping board chairman ( San Francisco Examiner , June 26, 1917, unnumbered editorial page). An incident that foreshadowed the many public controversies that followed Denman throughout his career involved a brouhaha of colossal proportions between Denman and Major General George W. Goethals over responsibility for constructing a merchant fleet to overcome the growing German submarine menace. Goethals advocated building steel ships, Denman proposed wooden vessels; the press lambasted the chairman publicly for not deferring to the general ( see id. ), but President Wilson eventually sided with Denman. The conflict apparently consumed a fair amount of the president's attention. On July 24, 1917, for example, he wrote to Denman three times regarding the affair ( see Correspondence with Woodrow Wilson, Denman Papers).

29. In 1934, Denman claimed that this service severely impinged on his later legal practice: "Up to that time [when he became Shipping Board chairman] I had

had the cream of the admiralty practice here and had a record of winning somewhere around eighty percent of my cases. Since that time no American shipowner has brought me a pice [ sic ] of litigation. What admiralty litigation I have had on the vessel owner's side has been bootlegged to me by the insurers of the hull. No doubt what I had to do on the Shipping Board with reference to cutting the charter rate on United States ships to less than one-half the going freight helped make permanent the owners' blacklisting" (William Denman to Felix Frankfurter, Nov. 6, 1934, Denman Papers).

30. When Denman and Roosevelt met is not clear. The first letters between Denman and Roosevelt in the Denman Papers date from World War I ( see Denman Papers, Bancroft Library). They may have met through Denman's wife, Leslie Van Ness Denman, who knew Roosevelt well enough to send him a letter urging the nomination of Denman to the Ninth Circuit (Leslie Van Ness Denman to Franklin D. Roosevelt, Aug. 20, 1933, Denman Personnel File).

31. Denman's request of Frankfurter may have been oral, since the Denman Papers contain no letter predating Frankfurter's response. An earlier letter indicated a meeting between Denman and Frankfurter in late 1932 or early 1933 (Felix Frankfurter to William Denman, Jan. 13, 1933, Denman Papers). *Felix Frankfurter to William Denman, Feb. 7, 1933, Denman Papers. According to the editor of Frankfurter's correspondence with Roosevelt, the Harvard law professor rarely ventured an "uninvited suggestion" to the president regarding an appointment prospect, but if Roosevelt solicited his views, Frankfurter was more than willing to push people he respected ( see Roosevelt and Frankfurter: Their Correspondence, 1929-1945 , at 8 [M. Freedman ed. 1967]).

32. *Frankfurter to Denman, Sept. 12, 1934, Denman Papers. *Denman to Frankfurter, Nov. 6, 1934, Denman Papers.

33. *Denman to Hon. James A. Farley, Nov. 7, 1934; *Denman to Senator Key Pittman, Nov. 7, 1934; and *Denman to Senator Burton K. Wheeler, Nov. 7, 1934, Denman Papers. In this count Denman included Sawtelle from Arizona (who would be dead in little over a month), Wilbur as being from Los Angeles because he had practiced law there for thirteen years, even though he presently sat in San Francisco, and Stephens, who was a district judge in Los Angeles. *Denman to Frankfurter, Nov. 10, 1934, Denman Papers.

34. The Senate did not confirm Norcross after his nomination in September, 1933. In a later letter Denman misstated Frank Dietrich's age at appointment as seventy; he had been sixty-three ( see Denman to Hiram Johnson, Nov. 30, 1934, Denman Papers). *Denman to Hiram Johnson, Nov. 28, 1934, Denman Papers.

35. Under the convention of senatorial courtesy, senators of the party in power have a predominant—some would say preeminent—say in the appointment of federal officials in that state. How this tradition has fared with circuit judge appointees, whose positions cover more than one state, is unclear. In any event, as a Republican, Johnson had no standing to push, other than through persuasion, Denman's appointment with the Democratic administration. On senatorial courtesy, see generally J. Harris, The Advice and Consent of the Senate 215-37 (1953). *Hiram Johnson to Honorable Homer S. Cummings, Nov. 28, 1934, Denman Papers. *Homer Cummings to Senator Hiram W. Johnson, Dec. 4, 1934, attached to Johnson to Denman, Dec. 10, 1934, Denman Papers.

36. Denman to Johnson, Nov. 30, 1934, Denman Papers. *William Denman to Felix Frankfurter, Nov. 30, 1934, Denman Papers. Frankfurter responded: "At least Hiram J. is forthright and powerful in his views of support. That's a fine letter of his" (Frankfurter to Denman, Dec. 6, 1934, Denman Papers). *Denman to Johnson, Dec. 19, 1934, Denman Papers. He took the oath of office March 11, 1935. For official documents, see Denman Personnel File. See also Johnson to Denman, Jan. 1935, announcing that his name had come to the Senate for appointment; Denman to Roosevelt, Jan. 18, 1935, Denman Papers, expressing gratitude for the appointment.

37. After Garrecht died in 1948, Denman continued to push for reform as chief judge of the Ninth Circuit until his retirement in 1957. A "passionate advocated of good government, in all its branches," Denman worked with uncommon drive to improve the operation of government. Somehow he also made time in twenty-four years of judicial service to produce 846 opinions for the court, 44 concurrences, and 77 dissents. Whether it was the climate or his own dedication, Denman clearly proved that it would have been folly to hold his age against him. Nor did he mellow with advanced age. When, in 1957, members of Congress considered passing a law to terminate a chief judge's tenure at age seventy, the pugnacious eighty-four-year-old jurist agreed with the aim of the so-called "Denman Bill" so that he could do more judicial work—he had written fifty-seven opinions the previous year. ''In Memoriam: Honorable William Denman," 262 F.2d at 10 (statement of William R. Wallace). Congress changed the designation of "senior judge" to ''chief judge" in 1948 (Act of June 25, 1948, ch. 646, § 45, 62 Stat. 869, 871). "In Memoriam: Honorable William Denman," 262 F.2d at 9, 11. Denman to Hon. Emanuel Celler, Chairman, House Judiciary Committee, May 3, 1957, Denman Papers. But for all his fighting spirit, this seemingly rather cold, hard man could not bear the loss of his beloved wife, Leslie Van Ness Denman, who died on February 9, 1959, after a long illness. The childless, eighty-six-year-old jurist took his own life on March 9, 1959. In an intriguing letter written two decades later, Denman's former secretary, Ione McGee, responded to a request by Judge James M. Carter for any historical anecdotes about her former boss:

Judge Denman was not a warm man, and he earned the most devoted of enemies, but be had a social conscience, an abstract one, perhaps, which may have been the most useful kind in a man of his position. When he attempted a kind exchange with building employees, or with some of the unfortunates that used to stumble into our offices before the days of high security, he scared the living daylights out of them just because of the kind of face he had. He knew this. He made vague expressions of regret about it.

I could wish there were tenderer memories of him around. But then in time to come there will be no memories at all, but only such data as goes into the records you and your colleagues are now compiling. These will tell of a man's place in the world, but are not designed to tell very much about the nature of a man.

Ione McGee to Judge James Carter, Aug. 29, 1979, Historical File, U.S. Circuit Court of Appeals for the Ninth Circuit Library, San Francisco.

38. The Senate confirmed Mathews on March 20, 1935, and he was sworn in on April 18, 1935 ( see San Francisco Chronicle , Apr. 23, 1935, at 28, col. 3). Mathews took the seat of Judge William H. Sawtelle, who died December 17, 1934. Denman assumed the seat of Judge Gilbert, who died in 1931 and whose

position was reauthorized by act of Congress in 1933 but held vacant until the appointment of Denman two years later (Act of Aug. 2, 1935, ch. 425, 49 Stat. 508). For a detailed account, see infra Chapter Ten. Senate Judiciary Committee, "Legislative History," at 174.

39. Biographical information on Mathews derives from the following: Judges of the United States, supra note 7, at 319; 4 Who Was Who in America, 1961-1968 , at 619 (1968); "Memorial Proceedings: Honorable Clifton Mathews," 312 F.2d 5 (Oct. 10, 1962). Only the Judges of the United States gives information of Mathews receiving a formal degree--a B.A. from the University of Nashville in 1904. The other sources state that he left Peabody without a degree. "Memorial Proceedings," supra , at *13 (statement of Chief Judge Richard H. Chambers). Truax v. Corrigan , 257 U.S. 312 (1921). In this case, the Supreme Court by a five-to-four margin held an Arizona statute invalid. Mathews successfully argued that a state statute that deprived a business from enjoining picketers violated the business's Fourteenth Amendment right to the equal protection of the laws ( id. at 315, 339). See ''Memorial Proceedings," 312 F.2d at 7 (statement of George Reed Carlock). Hiram Johnson later wrote of Mathews that "he did more than any one man" to accomplish the Boulder/Hoover Dam Project (Hiram Johnson to Hiram W. Johnson, Jr., May 5, 1940, Hiram Johnson Papers, Bancroft Library, University of California, Berkeley).

40. San Francisco Chronicle , Mar. 14, 1935, at 9, col. 3. 1935 Att'y Gen. Ann. Rep. 181; 1936 Att'y Gen. Ann. Rep. 161; 1937 Att'y Gen. Ann. Rep. 173. This great figure of the bar and bench died the same day as the great literary figure Karen Christence Dinesen (Baroness Blixen-Finecke), better known by her pen name of Isak Dinesen ( see San Francisco Chronicle , Sept. 8, 1962, at 1, col. 3). San Francisco Chronicle , Sept. 8, 1962, at *17, col. 4 (quoting Judge Albert Lee Stephens). Id. at *17, col. 3 (quoting Chief Judge Richard H. Chambers).

41. "In Memory of Honorable Bert Emory Haney," 142 F.2d XV,XVI (April 26, 1944, statement of Hall S. Lusk).

42. For the initial controversy see San Francisco Examiner , Sept. 1, 1925, at 9, col. 1. For the resignation of Haney see San Francisco Chronicle , Feb. 24, 1926, at 12, col. 8.

43. Given his role in nominating Coolidge for the vice presidency in 1920, Wallace McCamant's nomination in 1925 also seemingly fell into the category of patronage. Yet the internal Justice Department memorandum on McCamant scrupulously avoided mentioning this fact, and the recommendation letters lauded McCamant's high qualifications for the job ( see supra Chapter Six). See , e.g., telegrams by Henrietta B. Martin, President, Good Government Congress, Inc., Personnel File of Bert E. Haney, Federal Records Center, National Archives, St. Louis, Missouri (hereinafter Haney Personnel File). *H. Cummings, "Memorandum for Judge Stephens," July 23, 1935, Department of Justice, Haney Personnel File.

44. Haney's firm was named Joseph, Haney and Veach. *Harold M. Stephens, "Memorandum for the Files," July 21, 1935, Department of Justice, Haney Personnel File. *Jay H. Stockman to Harold M. Stephens, July 28, 1935, Haney Personnel File. In the previous paragraph, Stockman wrote that he had

spoken with McCamant, George Neuner, Nicholas Jaureguy, and "several others." *Stephens, supra .

45. Stephens, "Memorandum for the Files," supra note 42.

46. *H. Cummings, "Memorandum for Judge Stephens," supra note 43. See generally Haney Personnel File. Memorandum from Chester H. McCall to Secretary Roper, Mar. 8, 1935, Haney Personnel File. The earlier "suggestion" urged Haney's appointment to the district court; the later one specifically mentioned the Ninth Circuit. See *Daniel C. Roper, Secretary of Commerce, to Attorney General Homer Cummings, June 27, 1935, Haney Personnel File. See James A. Farley to Homer S. Cummings, Nov. 24, 1933, Haney Personnel File.

47. William Denman to Bert Emory Haney, Sept. 28, 1942, Denman Special File, Curtis D. Wilbur Papers, U.S. Court of Appeals for the Ninth Circuit, San Francisco. "In Memory of Honorable Bert Emory Haney," 142 F.2d at XX (statement of Colonel A. E. Clark).

48. Ever since this period, the Ninth Circuit has always had at least one jurist who was elevated from the district court.