Dear Arthur: I am complimented by the kind things you say in your letter of December twenty-third; I am even more gratified that you had the confidence in my own feeling of friendship and respect for your character and capabilities that you could, without embarrassment, request consideration for Federal appointment.1
Frankly, I should very much like to see an individual of your standing on the Court of Claims. The real obstacle to such an appointment is the matter of age. Not only have I observed over the past six years the policy of avoiding the appointment of any individual to the Federal bench after he has attained the age of 62, but we have on the books a law that allows the retirement of judges at the age of 70. It seems quite inconsistent to appoint someone who has already attained that age.2
I cannot tell you how much I regret to have to reply in this fashion. It is possible that there may occur some other type of vacancy in which the matter of age would not be a stumbling block, but which would at the same time be a challenge to your demonstrated qualities. I shall instruct General Persons to watch for such possibilities and if any occur, to contact you promptly.3
I should like to say again that in the next session of the Congress I will miss you and the support that I always counted on from you when any serious question was up for discussion. Needless to say, my best wishes for the health and happiness of yourself and your family are with you always.
With warm regard, Sincerely
