Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1893-07-13
Justice Blatchford's Successor.

One of the narrowing circumstances at
tending the death of public man as a rule
is the scramble which ensues among those
who are anxious to succeed to the position
made vacant by his demise and so rapid is
our present age in this respect as in others
that the question Of succession is often set
tied practically before the last sad rites for
the departed are completed. The dignity
which attaches to the Supreme Court Of the
l nited States serves to a considerable eX
tent to make vacancies upon that bench
an exception to the rule stated, but even
here the press, if no other agency acts, is
forced by the spirit OF enterprise to bring
available names to the front at the earliest
opportunity in case Of vacancy.
Faithful to their duty, the Washington
correspondents have compiled a list of
names from which the successor of the late
Justice Blatchford is likely to be chosen and
residents Of Vermont will note with pleas
ure that the name of Hon. Edward j.
Phelps is the one that most readily suggests
itself to many prominent men as well as to
the newspapers. The circuit from which us
tce Blatchtord was appointed to the Supreme
Court contains tue districts of northern,
southern and eastern New York, Vermont
aud Connecticut and the Washington cor
respondent of the New YORK Press calls at
tentlon to the fact that the circuit contains
so many lawyers OF recognized ability and
national reputation that the president is
likely to be embarrassed in choosing from
them successor to the dead jurist, 1t is
he, har Gre
considered by him is that of Mr.. Phelps.
1t is scarcely to be wondered at under the
circumstances that ex-Minister Phelps
should be regarded as more likely to be Sc
lected for the vacant position than any
other eminent lawyer in the circuit. The
signal ability which he displayed as United
States minister at the court of st. James,
coupled with his widely-recognized legal
powers, led Mr.. Cleveland during his first
term as president to consider his name in
connection with the vacaat chief justiceship
which was afterward filled by the appoint
ment of Melville w. Fuller. 1t was well
known at the time that only a question as
to its possible political effect upon GER
tain wing of the democratic party caused
the president to hesitate and finally to aban-
don his intention to appoint Mr.. Phelps to
the place. Judging from his recent attitude
Mr.. Cleveland is now 80 independent tina t
if he regarded the appointment proper
one he would make it, regardless OF class or
race prejudice. Mr.. Phelps has twisted the
British lions tail theoretically during
the past few weeks, however that he has
undoubtedly disarmed criticism in the quar-
ter from which it came formerly.
So far as Mr.. Phelps qualifications for
the vacant associate justiceship are CON
cerned there can be no doubt that be has
gained strength in many ways since he was
considered well qualified to act as head of
the Supreme bench. As dean of the Yale
law school he has exhibited a profound
knowledge of law and be has come to be
recognized as one Of the ablest legal writers
and thinkers in the country, while his SER
! vices and closing argument as senior counsel
for the United States before the Bering Sea
tribunal Of arbitration, now sitting in
Paris, have won for him the admiration OF
the legal world.
Other names which are prominently men
toned in connection with the present va.
cancy on the Supreme bench are those OF
E. Henry Lacombe, judg, of the United
States Circuit Court, for the SOUTH
orn district of New York, James c. Car
ter and Frederick c. Coudert, one of the
most prominent supporters OF President
Cleveland in tho Stats, and identified with
the anti-snapper movement OF 1892 Me.srs
Carter and Coudert are at present engaged
with M. Phelps as counsel for the United
States in the Boring sea arbitration il
| Paris.
lnasmuch as the Supreme Court will no
meet until the second Monday in October
the president may not make the appoint
ment until after the extra session Of Con
gress meets, but he will have two months il
which to canvass the various names which
are included in the list OF lawyers available
for the position, and it would not be sur
prising if the president should select Mr.
Phelps for the new associate justice Of thu
Supreme Court.
c. Ia.