Unexpected

In 1920 and 1926--twice in his lifetime--Judge Wallace McCamant of Oregon did something startling and dramatic.

Hot June in Chicago in the year 1920 saw three gentlemen struggling to become the Republican nominee for the Presidency. There were Frank O. Lowden and Leonard Wood locked in a deadly political embrace, and there was Hiram Johnson of California harrying the flanks of both with his delegations gathered through the primaries of states here and yon. On the outskirts to be sure were the friends of Senator Harding of Ohio, preparing a little coup.

One of Hiram Johnson's delegations was Oregon, and one of the men who should have voted for him according to his reckoning was Judge Wallace McCamant, a delegate from that state. But McCamant did not. Not a single vote did he cast for Johnson.

After many sudoriferous hours, the friends of Senator Harding executed their coup and Harding was nominated. Then while plans were being laid for nominating some good regular for Vice President, the obdurate Judge McCamant rose and suggested the name of the Governor of Massachusetts--quite unexpectedly. And the convention in a mood to do the unexpected, nominated Calvin Coolidge for Vice President. And in the summer of 1923 Fate played another of its tricks and Calvin Coolidge became President. There was no doubt whatever that Judge McCamant was the primum mobile of the chain of accidents which made our present President. And a grateful President last year appointed Judge McCamant a Federal Circuit Judge.

The Judge served by a recess appointment until the Senate should approve his nomination--the Senate of which Hiram Johnson is a member. One of Senator Johnson's characteristics is that his memory is long and his forgiveness is short. The Senate Judiciary Committee reported favorably on Judge McCamant, but on the floor of the Senate Mr. Johnson was eloquent. The result was that the nomination was referred back to the Committee. And before the Committee the Judge last week appeared.

The questions directed at him by Senator Johnson were intended to show that he had misled the people of Oregon in 1920 when chosen to the Republican convention. At that time he announced:

"I have avoided committing myself to any candidate for President, in order that I might be in a better position to support the candidate who wins out at the Oregon primaries."

But after the state primary had given Johnson a plurality, McCamant read a sheaf of letters and several affidavits to show that he had opposed Johnson openly before his own choice as a delegate. The small, thin Judge, with dark hair and snapping blue eyes, appeared to be rather keyed up for the occasion. He read from one letter, written in 1920, saying that Senator Johnson was not a good American?"

The short, stocky, grey Senator interrupted hotly: "Right there! What made you say that I was not a good American?" McCamant came back sharply:

"Because you were for the recall of judicial decisions."*

"Then Theodore Roosevelt was not a good American?"

Johnson demanded. The Judge's next move was as unexpected as his nomination of Coolidge in 1920.

"He was not a good American," he answered.

Senator Johnson rolled in his chair with a cry of triumph: "I stand on that, Mr. Chairman. I am willing to see if the United States Senate will confirm a man as Circuit Judge, the next highest judicial position in this country excepting only the Supreme Court, who tells this committee that Theodore Roosevelt was not a good American. I have no further questions for this man."

Later Judge McCamant said: "I was a great admirer of Theodore Roosevelt, and particularly his record during the War, but I have been unable to regard any man as a good American who stands for recall of judicial decisions." And still later: "As President of the United States he was the outstanding foe of graft, and I was in sympathy with his efforts to clean up land office procedure in Oregon.

"During the World War he was the most effective leader of public opinion in America. I have repeatedly expressed my approval of his work in all of these particulars. I am bound to think the recall of judicial decisions subversive of the Constitution and an un-American doctrine."

And later Senator Johnson found that he had further questions for this man. But political observers felt sure that Judge McCamant's genius for doing the unexpected, successful as it was in 1920, led to a complete faux pas in 1926. They advised the President to withdraw his name, saying that the Senate would never confirm his nomination.

*In 1912 Johnson ran for Vice President on the Progressive ticket with Roosevelt. Their platform advocated the recall of judicial decisions. Senator Johnson intimated at Committee hearing last week that he had never approved of that section of the Progressive platform in 1912.