At the time when the nomination of Charles M. Hough for United States judge for the Southern District of New York was sent to the senate, the following letter written to President Roosevelt by Attorney General Moody was given out for publication;
"I send to you the nomination of Charles M. Hough for the position of district judge in the Southern District of New York. You have received heretofore my recommendation of his appointment, and I now, at your suggestion, render you a brief account of the investigation undertaken at your direction which led to the recommendation.
"You told me that you wished to select for this position the very best man available and urged me to take the utmost pains to ascertain and report to you the name of that man, having considered only the character and capacity of the candidate, the interests of public and the bar. I had conferences at New York, both personally and through the United States attorney, with some of the federal judges. I asked them with the United States attorney to go over the field with great care and inform me of the names of those available who in their judgment would be the most suitable for appointment. I requested them to consider not only the names of those who had offered themselves or who had been offered by others as candidates but also the names of any men who, without formally becoming candidates, would accept the position if it were tendered to them without any effort on their part.
"This very much broadened the field of inquiry, as there are many men who would not become active candidates for a judicial position, but would accept one if it were tendered to them without the necessity on their part of endeavoring to obtain political or other backing; for the men best fitted for judicial positions are usually the very men who will not consent to make an active canvass for appointment.
'The result was that, after careful consideration, the names of three men were sent to me. It was stated that of the three Mr. Hough, in the opinion of the district attorney and the judges with whom he conferred, would make the most satisfactory judge. I was informed that it was the belief that Hough. would be a 'remarkably good appointment, and in a marked degree was the best candidate.'
"I have had several conferences in New York, and others in Washington, with members of the New York Bar, and have had the advantage of Mr. Root's knowledge and large acquaintance with the members of that bar. A large number of letters of indorsement of Mr. Hough, which seem to have been voluntarily offered, I forward herewith. Mr. Hough has had a large and varied general practice; his reputation is unassailable and he is in the prime of life, with the prospect of many years of judicial usefulness before him. I think that his appointment would be a most admirable one.
"I beg to say in conclusion that the public interest imperatively requires the speedy nomination and confirmation of a judge in this district."
Doctor F. G. Wheatley will succeed Senator Kyle in the next Massachusetts legislature. He is chairman of the unpaid commission in charge of the school for the feeble-minded.
Secretary, C. C. Davis, Winchester, N. H.