The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-27
THE CHIEF JJSTICESHIP.
Interview with an Ex-Judge and Prom
inert Member of tho Bar.
The QUALIFICATIONS FOR Chief JUSTICE.
The Merits Of Charles 0'COnor, William NJ.
Rvarts, Judge Woodruff and Sen.
ator Conklins Reviewed.

Now mat the time is near when the vacancy in
the highest Judrcial once OF the United States
must be flied, the lawyers Of the country are on
the tipt0e of expectation as to the selection
which the President Will make. The names OF men
have been mentioned In this connection upon
whom the mantle OF fancy and Chase would I'M
dOubtedly fall IN graceful folds. But the anxious
question uppermost on the legal mind is-will the
ermine OF the first judicial magistrate of the United
States be pitchlorked to a mere political satrap,
upon whom 1t VIII sit so loosely as to be dragged
in the mires l: Is already stated SUB rosa that
prominent politician Of this State, to whom the
high ONCE has been onered has already
signifed his acceptance and now only awaits
the confirmation OF a subservient Senate.
Whether this be true or not the opinions OF the
judges and leading members of tue Bar on the
great question, Who 10 the fttest man for the
placer cannot fail to interest the public, and their
expression In these columns may yet be in time to
guide the President in his choice Tor the Chief JUS
ticeship OF the United States
In order to add to the completeness OF the series
OF interviews with judges and members OF the Bar
which have been published In the HERALD, the
writer called on ex-Judge Fullerton and requested
him to state his views on the Chief Justiceship
Judge Fullerton, actuated, no doubt, py a sense OF
modcsty, at first hes:tated to say anything on the
subject, remarklng that his views we're OF value
ana could not possibly afiect the result To which
the writer replied
ions Of most prominent members OF the Bar on the
subject OF the Chief Justiceship 1t would also like
italy the desires and aspirations OF the American
Bar and Bench"
at is very dlficul for to express any opinion
as to the qualifications OF the men whose names
have been mentioned in connection with the Chief
Justiceship There are members OF the Bar in dif-
ierent parts OF the country who are known to Inc
in general way Is ve-y able lawyers, but 1t re-
quires an intimate acquaintance with man to
OF the U1te ed STATES what msns qualify
mo oo! jury 5ssS; Ts
He must be able to weigh both sides OF u CASE
Some of our most noted members OF the Bar owe
sidedness. Tney have the faculty OF being in
earnest on one side Of question, and of impress
ing jury with the idea that they are sincere in
their convictions. Ii q lawyer In defending his
client nesitates and weighs both sides he Will fail
to impress jury and lose his case. Hence many
risen to fame through their qualifications as jury
lawyers, but would be failures rs Judges"
the cas re proaby ws
you. What do you think, for instance, Of Charles
"Cnaries o'Conor Is quite out of the question.
The President Is not likely 10 appoint a democrat.
There is no doubt that he is better fitted than any
other man In this country for the high office Of
Chief Justice. He is man who Is always governed
by stern sense OF justice. He would make any
sacrifice to do right. He is perhaps somewhat too
old for the position. fei think ne IL still vgor-
GUS. But, being u democrat, he has no chance
whatever"
what is your opinion, Judge, OF william M.
Evarts ~
~ believe that Mr.. Evarts possesses all the
qualifications necessary to make good Chief
Justice. He has judicial mind. He combines the
qualities OF q great Judge with those Of = great
Jury lawyer Blu. DO not THINK 1t advisable for
INN to accept that office should rather have him
remain at the head OF the Bar: Tor since Charles
o'COnor has practically retired, doing only very
limited amount OF law business, as matter Of
habit William N. Evarts has taken his place as
leader. IL may be rattering to Mr.. Evarts' ambi
ton to attain the highest judicial Office, but he has
Q great future before him at the Bar, and he can
scarcely affOrd to give up his present remunera-
tive law practice for the salary OF Chief Justice.
He Is not O rich man and has a large family.''
What sort Of Chief Justice would Senator
Conkling maker
II have no personal acquaintan with Senator
COnkng, but think he II q man Of great AFFINITY.
His forensic powers are Of the highest order. AS
debater he has equal in the senate, but whether
he has = judicial mind remains to be seen. be-
lieve, however, that senator Conklng has other
aspirations
(which OF our judges would in your opinion be
qualified for the Chief Justceshippn
well, there is Judge Woodruff OF the United
States Circuit Court He is judge in the tull
position, aud his appointment would reject honor
upon the President Judge Woodruff is man Of
an eminently judicial mind and he has the Nd.
vantage OF thirty years. judicial experience over
receiving the appointment, Tor his high character
and abilities must have come to the notice OF the
President when ne made him Justice Of tie United
States Circuit Court"
"DO you think, Judge, that the President, in
making the appoin tment, will solely consider the
fitness OF the man, without regard to politics ?"
''He will probably not appoint democrat but
believe he will choose the man whom be thinks
ONCE.