New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-09


is called pass constitutional questions which
is particular province Chief Justice Minister
Phelps is able jurist OF the best lawyers In the
country believe, and thoroughly capable Of filing
the position But there is one insurmounsbe objection
to the choice understand it aud that IL the limit OF
age Mr. Phelps Is about seventy. Southern mon are
out OF consideration or man thoroughly equipped for the
position would be found in Thomas j. semmes OF New.
Orleans Randolph Tucker would DO another. Fred
eric Coudert Is splendid lawyer, cultured and pol
sshed man, who would well sdorn the position.
General Pryor was informed that his own name
had been mentioned. My dear SIR" replied he
earnestly, " let alone modesty, l am content
where am. Oh no, do not wish the place,
had not heard that anybody had suggested It,,
and. besides j do not look to so high a sphere
YOUNG NAN WANTED.
Ex-Judge Lucien BIrdseye thought a most i'm
portant point would be the selection Of young
man He said:
John Marshall only forty years old when he was
appointed BY Jefferson in 1901 and he remained Chief
Justice for thrty-twe years In 1888 fancy was ap-
pointed by Jackson and he lived to Chief JUS
tfce for thirty He was emily fortyfve or forty
ak when appointed So that you SEQ Chief
Justices Allied the Office for almost two-thrds OF
Jury Mr.. Garter is qualified in every way for the
position. Mr. coudert would be admirable man for
the place. know them personally. have no per-
sonsl acquaintance with Judge Hosdy. but from what
know Of him he would DO most excellent man for tho
place The only trouble with these gentlemen is that
In the choice Of younger
T. L. Stetson fought shy Of the Chief Justice
question for time, and then said:
Well do not know that have any preferences to
express There Is plenty OF good men, James O.
Carter would I'll the posi- ton admirably. Judge HOadly
Is man OF splendid parts He would be a most at man.
There Is no better lawyer In the country thnn Mr..
Phelps. who Is well known At Washington for his eminent
legal abilities No Mr.. Phelps is not too old lie IS
only sxty-six BELIEVE 1 that Judge John Schol-
O
and Judge Of tho highest order emnently fitted for
the post To sum up II tho President should choose
Mr.. Phelps or Mr. Carter, or Judge Hoady, or Judge
seholfeld he would do thing Of which no good Amer
ican could complain he wvul AXE admirable cholcA
STRONG REPUBLICANS VIEWS.
, Just across the hall from Mr.. Stetson is the
office of Elihu Root, as out-and-out Republican
as Mr. Stetson is Democrat Mr.. Root received
the inquiry about candidates for Chief Justice in
smiling way, saying
What in the world do you TO Republican for 7
1t is foregone conclusion, and It perfectly right that
Democrat should be appointed
1t was suggested that good Republican ought
to be an impartial judge of Democratic timber,
and so, after few minutes thought Mr.. Root
responded:
James G. Carter is undoubtedly the test In the
country for the place He has all thu qualifications
eminent degree. Judge Hoadly is able man, first
class constitutional lawyer he would be good But
how about Judge schohed1 He is one Of the 0test
men in the county for the position. 1t is necessary that
the Chief Justice should be OF the highest character
broadcast legal attainments with o wide knowledge Of
constitutional law. Judge Seko6eld would DO Just the
man My preference however over all others is James
G. Carter.
THE DEMOCRATS SHORT OF MATERIAL.
II any man in this city is thoroughly informed
of the drift of legal and political affairs, it is
Colonel George Bliss. lie entertains guests IN
the most hoSptable style, and among them arc
almost invariably Judges Of the Supreme and
Superior Courts and leading lawyers. lie said:
1t is general talk and matter Of mutual comment
among our judges and leading lawyers that there is
remarkable paucty OF material for Chief Justice. es
pecially In the ranks OF the Democrats This may be
accounted for from the fact that tho Democratic party
had been out OF power for quarter OF century and the
inducements for able Democratic lawyers upon
judicial career were not what they would be- Among
ali the who talked OF for Chief Justice there
are only two who are fully up to the high standard
required and who would I'll the bill These are Edward
J. Phelps and Judge HoadIy OF course, i speak only
Of Democrats for the appointment Of Republican is
OF the question. II a TO be taken from
the bench 1t should be Justice Field he is to
my mind a far ADLER than Justice Miller That
such promotion will not be made is not the accepted
view Of lawyers How about James c. Carter7 Album
dainty able and qualified in every way, unless it be on
the Of his health, which, understand, he has 70
watch closely But there is decided objection to
Ir. Carter least from the standpoint which must be
considered; he Is a Republican. lie voted for Mr..
Cleveland it may be- but that does not make the kind
out-and.out Democrat which the party wants, and
which the President would probably select
Mr.. Cou1eit is able lawyer and an accomplished
gentleman but he that scope which is requisite
the place OF Judge huger Judge SchOGeld and Mr.
Putnam l should say the No. there are only
two in all the list whom the leading legal minds
OF this city look upon fully UP the requirements,
and those Minister Phelps and Judge Hosdy. They
both splendid lawyers have powerful and compre-
hensvo minds, know constitutional law through and
through and OF the highest character and
a mott ny /
view taken by those who know what they are talking
about II is not generally known that Nh Phelps was
once a New York lawyer. Yes, he entered on legal
career here about 15j3-and made complete failure Of
IT. lie remained some four o. FIVE years and was
partner with Abraham wakemsn, the firm being
Phelps Wakeman Failing as lawyer
here. Mr. Phelps returned to Vermont lie
built big practice there and came up square against
him behalf Of large in the Rutland Railroad
Ed Phelps the counsel Of Jay Gould in that fight
Gould had been running the road without expenses or re-
oepts had got hold Of all the junior securities and Yves
trying to swallow the rs mortgage bonds and eondholdes
when these bOndhOiders turned him 1, ledglinS,
sent up there to fight him Phelps was Gouldslaw
yer and Edmunds also that side. had the pleas
OF routing the combination l have known Phelps
and deal Of him since. He is splendid law
There is, possibly. though one great objection to
him In the present Of public opinion and that Is he
is an outand.out corporation lawyer.
on THE BASIS OF ABILITY.
Robert Seweli said that if ability alone wcro
to determine the matter, Mr.. Carter or Mr.. Phelps
would be eminently the man Judge Peclham
and Wheeler ii. Peckham were well qualified
Mr. Sewcl said he did not know Judge Hoadly
personally but judging from his reputation, he
would make an admirable Chief Justice. MIR.
Carter was, however, Republican, and political
and geographical. considerations would probably
contrO, the appointment.
Ex-Judge Henry T. Rowland of Anderson &
Rowland, gave the preference TO Judge Hoadly
Mr. Phelps had been such en- arrant copperhead
of the meanest ld1d" that Mr. Rowland would
have none OF him.
Colonel Robert c. lngersoll demurred to saying
ANYTHING on the subject, on the ground that
a Republican his advice might not be wanted
Being oycrruled on tie ground that he was
citizen of the United States, Colonel lngcrsol
tba FOL.