THE death of Honorable James P.

Clarke, the senior member from Arkansas, and President pro tempore of the United States Senate, which occurred on the 1st day of October, 1916, at his home in Little Rock, caused quite a political commotion in the Democratic party of the state. The state and national election was but a few weeks off, November 7th, and the Republicans at once nominated a candidate to be voted on at that time. This emergency cast the duty and responsibility of selecting the Democratic nominee upon the state central committee, and that body, assuming the responsibility, promptly performed the duty by nominating Judge William F. Kirby, Associate Justice of the Supreme Court. The usual cry of "let the people make the selection" has not been heard in this case; for it is the prevailing opinion that Judge Kirby was the logical man for the place, and that he would have been overwhelmingly nominated if it had been left to the voters at a Democratic primary.

Judge Kirby was born in Miller coun

ty, near Texarkana, Arkansas, November 16, 1867. He graduated from the Law Department of Cumberland University, Lebanon, Tennessee, in 1885, and since has been actively engaged in the practice of his profession except during his tenure on the supreme bench. In 1898, he was married to Miss Ella Kelly, also of Texarkana, who has been the chief inspiration of his remarkable success in life. He represented Miller county in the legislature in 1893 and 1897, and represented the twenty-third district of Arkansas in the state senate in the sessions of 1899 and 1901. In 1904, he compiled for the state a digest of its laws and Constitution, well known as Kirby's Digest, and has compiled a new digest of the statutes of the state, which is now in the printer's hands and will be ready in a short time.

He was elected attorney general of the state in 1906 and served in that capacity for two years, 1907-08. He made the race for the Democratic nominations for governor in 1908, but was defeated in a three-cornered primary by a small plu

rality. Shortly thereafter, he was appointed by Governor Donaghey, his former opponent, as special assistant counsel to represent the state in the railroad rate cases, which grew out of the 2-cent passenger rate law passed by the legislature and the freight rates established by the Railroad Commission. The litigation resulted in a victory for the state. In 1910, he was nominated and elected associate justice of the supreme court, carrying 73 of the 75 counties in the Democratic primary against an able opponent, and served in this capacity until he was elected to the United States Senate. Judge Kirby was a candidate for the Democratic nomination for United States Senator, in 1914, against Honorable James P. Clarke, who was President pro tempore of that body. He was defeated by the close margin

dissenting and sometimes standing alone for the principles of law that he believed to be correct. As a Representative, Senator, and Attorney General, Judge Kirby displayed the same energy, enthusiasm, and ability, and pursued the same. high course of conduct, that characterized his judicial career. It is predicted by his friends that ere long he will rise to that degree of prominence and leadership in the Senate attained by the ablest of his predecessors. possesses the quality of leadership,that is, the ability to do his own thinking; and also has at heart the interest of the great common people and a due regard for their rights, and is in touch with conditions both in the state and nation.

of 213 votes, out of 135,000 cast, in one of the most vigorous campaigns Arkansas has ever experienced. He was selected by the Democrats of Arkansas as their candidate for the Senate on the 6th day of October, 1916, and elected on the 7th day of November following by a large majority.

In his many campaigns, neither the purity of his private life nor the sincerity of his public acts were ever questioned by his political opponents; and in his decisions as judge of the supreme court even those who suffered thereby conceded that he was no respecter of persons, and that he always was guided by the loftiest ideals of his profession. In deciding cases which came before the court, he was an independent thinker, ofttimes

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Decease of Judge Ludwig.

Judge John C. Ludwig who died on Sep. 3, was born in Milwaukee Dec. 1, 1850, the son of Joseph Ludwig, a shoemaker, and Gertrude Schaefer Ludwig.

He then began the study of law in the office of Mann & Cotzhausen in Milwaukee and was admitted to the bar March 25, 1875.

He continued in the practice of law and on June 13, 1892, he was appointed by Gov. George W. Peck to the position of judge of the Superior Court to fill the vacancy caused by the death of Judge F. L. Gilson. Two years later he was elected to the same position for a term of six years. He continued to hold this position. until the Superior Court was merged with the Circuit Court. He was named judge of one of the branches of this court, where he remained until his death.

J

AMES P. CLARKE, United States

Senator from Arkansas and President pro tempore of the Senate, died from a stroke of apoplexy at his home in Little Rock, Arkansas, on October 1st.

In the closing days of the last session Mr. Clarke presided over the Senate, owing to the absence of Vice President Marshall. The railroad eight-hour bill, which prevented the nationwide strike, was passed with Senator Clarke in the chair, but he was one of two Democratic Senators to vote against the measure, and he refused to sign it. He appointed Senator Hughes as acting president pro tempore when the bill was presented at the presiding officer's chair for signature. Senator Clarke's revolt against the eight-hour bill was a typical manifestation of a stern independence which characterized his attitude throughout the thirteen years of his Senatorial career. He was many times leader in opposition to measures proposed by his party. The climax to his independence was reached when he led the Democratic revolt against the shippurchase bill, which gave life to the Republican filibuster against the measure and made its passage impossible. When the bill was

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reintroduced during the last session, however, with the government ownership and operation features to which Senator Clarke objected, revised and modified, he supported it.

The Arkansas Senator during the last session again surprised his colleagues when he proposed the amendment to the Philippine bill which would give absolute independence to the islands in four years. The administration indorsed the amendment, and it was adopted by the Senate. The House, however, refused to accept it.

James P. Clarke was born in Yazoo City, Mississippi, on August 18, 1854. He was educated in the public schools

there and later obtained a law degree at the University of Virginia. He hung out a shingle in 1879, in Helena, Arkansas, and began to dabble in politics. Mr. Clarke was elected in 1886 to the Arkansas House

of Representatives, where he stayed two years, and was then elected to the state senate for four years. In 1891 he was president of the state senate, being ex officio lieutenantgovernor. When he concluded this term he became attorney general of the state for two years, and then governor for two