New-York tribune., 1888-03-27
THE NEXT CHIEF JUSTICE.
AN EARLY NOMINATION EXPECTED.
NAMKs MENTIONED FOR THE HIGH HCSoR-wiLL
Ir GO TO THE FOURTH CIRCUIT
fBY TELEGRAPH TO THE TRIBUNE

tBY TELEGRAPH TO- THE rRlBUSE.l
WASHINGTON, March 26.-Whilc il is probably
true that the President has not seriously taken
into consideration the question OF filing the
vacancy on the bench Of the Supreme Court caused
by the death OF Chief Justice Waite, it is never
theless quite probable that the appointment will
shortly be made. The criticism Of undue haste
which might be made upon such a course Is met
by two arguments: frst 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 selection matter
Of necessity almost; and second, that the ap-
pointment quickly made by the President will
make the onslaught OF politicians and place
hunters AN impossloIlity--a thing certainly to be
desired In Case OF so exalted an once as that
OF chief Justice Of the United Stats. Aside ICON
that II would destroy tie tnaC mlght possibly
arise from Important questions brought before
the court.
The fact that the President has given indications
Of desire TO strengthen himself politically III
New-York still leads many people to believe that
tho nomination will 60 TO thai State For that
reason the name OF Judge Kruger, Cnlef justice
OF the Court Of Appeals continues 10 be favorite
among the many names mentioned for the ofice.
1t is reasonably certain that his appointment would
be regarded with favor by Ncw-iork Democrats,
would not be too great a disappointment TO those
Southern men who still entertain tho hope. that
one from their own section OF country Will gee
the prize and would probably be acceptable aisot TO
bench Of the Court OF Appeals at the same time
that Mr.. Cleveland was elected Governor, and he
has since then entertained the most pleasant re-
ations with the present occupant of the White
House Though not man OF large means, ne
could probably well afford to exchange the Chief
JtpstiSssshig of the Court OF ho,,ar appeals aI
tached to the Chief Justiceshp of the supreme
Court Of the United States, with only sl0,50o.a
year. The Bar of New-iork. it is believed would
view his appointment with favor
Another New-Yorlx man talked about today is
James G. Carter, OF New-YorS, though his reputa-
tion as Mugwump would seem In the present.
by Mr.. Cleveland
There are some Southern men generous enough
to concede that the promotion OF Associate Justice
Miller would be a graceful act on the part OF tho
President. Justice Miller is the senior Justice OF
the court and was appointed by President Lincoln.
BY common consent, he is probably the aDiess
Court since Marshalrs day. His promotion would
be Civil Service reform extended to the bench
Of the Supreme Court, and not out OF the way,
since many States have a rule or custom OF pro-
noting the outgoing Judge to be CHIEF Justice.
1t is contended by many that an appointments
to the vacant Justiceship should come from tho
Fourth Circuit, to which the late Chief Justice
was assigned. Justice Harlan is now the only
Justice on the bench who was not appointed from
his circuit Though appointed from the sixth, he
Maryland. Virginia, North Carolina, South Carolins
and West Vrgina-has had Justiceshlp, IN
Marshall and Taney, sixty years. failure u
these men argue, can only be excused on tive
grounds: First, that the South cannot be trusted
to have another man on the bench, and, second;
that no lawyer of sufficient ability can be found
ft in all respects for q place in this high tribunal
They think that the leaders Of the bar IN the
Fourth Circuit should the President and lnsIsb
on some fit lawyers appointment from their circuit
and they are Of the opinion that the Presiden5
ought to be sustained in the precedent he cstab-
lished in the Fifth Circuit. =.
The appointment of Minister Phelps. though 10
miQht- prove acceptable to the country at large,
has aroused intense oposition among the Democrats
OF New-Eno gland. This is true II such men as Con-
gresham Collins are to be believed.
Whoever the man chosen, it is desirable than
the appontment should be made promptly, not
only in view of the crowded docket of the court,
but also because the Senate will require and ought
10 have some time to look into the record and
examine the qualifications Of the man nominated
70 this important office.
ACTION BY THE SUPREME COURT BAR.
Washington, March 26.-About forty promnene
members of the bar of the Supreme Court assembled
n the court this morning. Senator Evarts was
,alled to the chair. and said:
"Friends and brethren of the bar. We are called
together upon the affective occasion of the death OF
he Chief Justice of the United States to take proper
,rder in our respect for hissposon and himself for
he attendance OF the bar at the funeral and for tho
appointment of committee to prepare suitable reso-
utions commemorative of his character. his virtues
md his great services, to be presented at some future
Meeting of the bar"
Assistant Attorney General Maury offered resou-
ion which adopted, that the bar OF the Supremo
'ourt attend in body the funeral services. A.
80 (.annr Qpl md