The Portland daily press., 1888-03-28
JUSTICE wAITE's SUCCESSOR.
Court Business Demands That He be
Appointed without Delay.
The Presidents Desire for Political
Strength Indicates New Yorker.
Southern Sentiment in Favor of the
Promotion of Justice miller.

WASHINGTON, March 27.-While it is
probably true that the President has not se-
rlously taken into consideration the question
of filling the vacancy on the bench Of the
Supreme Court caused by the death Of Chief
Justice Waite. it is nevertheless quite prob
able that the appointment will shortly be
made. The criticism of undue haste which
might be made upon such course is met by
two arguments; first, that the business Of
the court is such, and the accumulation of
business before it so serious, as to make in
its present crippled condition prompt Sc
lection matter of necessity almost; and
second, that the appointment quickly made
by the President will make the onslaught Of
politicians and place hunters an impossible
ty-a thing G. rtainly to be desired in case
of so exalted an Office as that of Chief JUS
tice of the Usited States. Aside from that
it would destroy tie that might possibly
arise from in yortant questions brought be-
fore the cour
The fact tlsst the President has given in
tications Ola desire to strengthen himself
politically in New York still leads many
people to believe that the nomination will
go to that Stste. For that reason the name
of Judge Ruger, Chief Justice of the Court
of Appeals. continues to be fayorite among
the many names mentioned for the office.
Another New York man talked about to-
day is James @. Carter, though his reputa-
tion as a Mugwump would seem in the pres
ent condition of affairs to preclude his ap-
p0intment By Mr.. Cleveland
There are some southern men generous
enough to coacede that the promotion Of AS
sociate justice Miller would be graceful
act on the part of the President. Justice
Miller is the eseniOr justice of the court, and
was appointed by President Lincoln, BY
common consent, he is probably the ablest
justice that aas sat on the bench OF the Su-
preme Court since Marshall's day. His pro-
motion wouh be civil service reform extend
ed to the bmch of the Supreme Court, and
not out of tie way. since many States have
a rule or cussom Of promoting the outgoing
judge to be Chief Justice.
1t is conteaded by many that an appoint
ment to the vacant justiceship should come
from the fourth circuit, to which the late
Chief Justice was assigned. Justice Harlan
is now the oaly, justice on the BENCH Il who was
not appointed from his circuit. Though ap-
pointed from the sixth, he is assigned to the
seventh. The fourth circuit-Maryland,
Virginia, North Carolina, South Caro- lima
and West Vlrginia-has had justiceshlp, In
Marshall and fancy, sixty years A failure 10
make the appointment from the Fourth CIR,
ON two grounds: First, that the South can
not be trusted to have another man on the
bench, and, second, that no lawyer OF suff1-
cient ability can be found fit in all respects
for place in this high tribunal. They think
that the leaders of the bar in the Fourth Cir
cult should see the President and insist on
some fit lawyers appointment from the cir
cult, and they are of the opinion that the
President ought to be sustained in the pre-
cedent he established in the Fifth Circuit.
The appointment of Minister Phelps,
country at large, has aroused intense oppo-
sition among the Democrats of New Eng
land. This Is true if such men as Congress
man Collins are to be believed.
Whoever the man chosen, it is desirable
that the appointment should be made
promptly, not only in view of the crowded
docket of the court, but also because the
Senate will require and ought to have some
time to look into the record and examine the
qualifications Of the man nomina ted to this
important office.