Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-24
JUSTICE LAMAR's SUCCESSOR.
An Appointment by Mr.. Harrison May
Cause . Fight I'm the Senate.

An Appointments by Mr.. Harrison May
Cause . Fight I'm the Senate.
The death Of Justice Lamar has caused no
surprise here. 1t was known BY his friends
here, just after his departure for the south,
that be was suffering from Bright's disease and
that his physicians had warned him that he
might die suddenly any day. Before his de-
parture for the south be was attacked with con-
WILSON'S and spells Of unconsciousness several
times. The last attack he had here kept him
unconscious for three-quarters of an hour. He
knew that his end was approaching and he said
that his only hope was to live long enough to
permit Mr.. Cleveland to appoint his successor
on the Supreme bench.
His death at this time promises to open up q
very ugly fight in the Senate over the confrma-
ton OF his successor.
There is no reason to believe that President
Harrison will not fill the vacancy before the end
Of his term. 1t is expected that he will appoint
either Attorney General Miller or ex-senator
Spooner. Mr.. Miller will probably be ap-
pointed. Mr.. Miller, it is said, was disappointed
by the failure of Mr.. Harrison to appoint him
when the last vacancy occurred. He will be
pressed very earnestly for the place now and it
is believed that MIR. Harrison will not again re~
ject his claims. There Is certain, however, to
be fight made by the democrats against the
confirmation Of any republican, and il Mr.. Mil
Ter is appointed some republicans will not like
1t. The democrats will probably flibuster
against any nomination made.
Mr.. Cleveland held, when he was President,
that his right to make appointments did not
die until the expiration Of his term, and the
democrats Of the Senate made q fight to main
tain the propriety Of his making appointments
up to the last days of his term. The republic
cans in the Senate successfully opposed this
proposition. The prospects are that the two
parties in the Senate viii change position on
this question now. A position on the Supreme
bench is one Of the greatest importance to
either party, and the democrats are very
suxious to get a majority of tho justices dur
ing Mr.. Cleveland's term. They have reason
to expect to gain one by the retirement of
Justice Blatchford, but this would be counter
acted by the confirmation of a republican in
the place of Justice Lamar. II Mr.. Harrison
makes an appointment it will probably not be
for q week or two and that will bring it SO
near the end Of the session as to make it COM
paratively easy for the democrats to fight of
the confirmation until after the 4th of March.
This action might, however, arouse enough
feeling on the part Of republicans to cause
trouble about some combinations when the
new administration comes in.
Another view advanced IN legal circles is that
the best interests Of the country demands an
immediate appointment by President Harrison
Of democrat, the business of the court requir-
ing that the vacancy be filed without delay.
This view was expressed to q STAR reporter by
. lawyer ~ follows:
"As il well known, Mr.. Justice Lamar was one
Of three democrats on q court OF final resort
composed of nine judges. Of whom the other
six are republicans, and he was assigned to the
circuit in which is comprised the state Of
Louisiana, civil law state. Considering these
facts, In connection with the circumstance that
President Harrisons administration 10 rapidly
approaching its close, it seems clear to lawyers
that the obligation imposed upon President Har-
rison at this juncture demands the nomination for
this high judicial Efe-tenure office Of n civilian
and democrat. The absence Of u civilian from
the Supreme Court which is called upon daily to
deal with causes which originate in a civil law
jurisdiction, will create embarrassment in the
business and work great prejudice to the ad-
ministration Of justice and to numerous liti-
gants Failing to pursue the course suggested
the alternative of the President would seem to
be to leave the appointment to his successor"
TWO OTHER NAMES SUGGESTED.
The statement comes on high authority in
administration circles that while Mr.. Harrison
will probably make an appointment to the va
cancy on the Supreme bench he will try to
make such a selection as will render confrma-
ton probable. Two men mentioned on the
same authority as probabilities are Judge Emory
Speer of Georgia and Judge Don A. Pardee Of
Louisiana, who is circuit judge. Both these
men are republicans Of high standing in their
states.