The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-01-27
Tho ppreme Court Vacancy.

Various opinions are expressed in Wash
irgton as to whether the President will
decide 70 make nomination for supreme
court justice TO Fill the vacancy caused by
/ the death of Mr.. Justice Lamar. and If be
does, as to whether he will nominate a
republican or "a democrat. Il is well
known that he would like TO nominate
Attorney Ge eral Miller. bis old law part
ner. and that mir. Miller would like TO have
tue place. but it is thought the Senate
would not confirm the nomination. The
President has already bad two opportunities
to nominate Mr.. Miller, neither OF which
be took advantage of. because 1t was hinted
strongly that his nomination would not be
confirmed. There is no more friendly feel
ag in the Senate for Mr.. Miller now than
there vas when the other nominations were
made.
1t is rot improbable that the President
may not make a nomination, for the reason
that there is quite a strong feeling through
out the country that President should not
nominate persons 70 life positions when near
the end Of his term. It is only little more
than month before Mr.. Cleveland will be
inauRurated, and as there are only two
democrats on the supreme bench it would
be only fair that the new justice should Le
a democrat.
There are rumors that the President Will
nominate democrat, but il is not known
that they have any foundation. II he makes
nomination, the nominee will. in all
probability, be a republican, because the
President is too much Of a partisan to give
one of the best life offices in his gift to a
democrat.
There is a precedent which would sustain
him in nominating a democrat, and also a
precedent for not making a nomination.
President Lincoln nominated a democrat
for supreme court justice Justice Stanley
Matthews died just about a month before
the end Of Mr.. Cleveland's administration,
and the latter made no nomination to fill
the vacancy. He left the place TO be filed
by his successor. VIII Gen. Harrison be as
generousl
Mr.. Cleveland, however, appointed Mr.
Stevenson, now Vice President,elect, to
place on the bench of the supreme court of
the District of Columbia few weeks before
the end Of his term, and the Senate refused
to confirm the nomination on the ground
that an outgoing President should not make
nominations for life positions. II the Sem
ate is consistent, therefore. it will refuse to
confirm q nomination for supreme court
justice for the same reason.
The President is being strongly urged by
some of the republican papers to nominate
republican for the vacant place at once.
II he should do so there would be consider
able difficulty in getting the nomination
confirmed. The democratic senators
would oppose it and, in view of
the fact that there are only two
justices on the bench who are demo-
Gratis, and also that Mr. Cleveland made no
nomination TO fill the vacancy caused by
the death Of Mr.. Justice Matthews, which
occurred near the end Of his administration,
some OF the republican senators might join
the democratic senators in opposing il
especially as the republicans have commit
ted themselves to the policy that an out
going President should not make life
appointments.