The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-01-25
JUSTICE LAMAR AND HIS SUCCESS OR.

Justice Lamar was a man of pure life
and character, and, barring his course
during the civil war, his public record
was without blemish. 1t cannot be said,
however, that his death is a national
loss in that it removes O potent factor
for good government. or particularly
weakens the court of which he was a
member. He was not great lawyer
nor rapid worker, and outside of his
judicial duties he took no interest in
public affairs. Prior to his appointment
to the Supreme Bench, which was
sharply criticised at the time, he had but
limited reputation as lawyer, and
while he has discharged his duties
honestly and faithfully, to the best of his
ability, it cannot be said that he has
achieved any marked distinction as a
judge. He filled reasonably we'll the
measure of respectable mediocrity, and
If he did not add anything to the lustre
of the Supreme Court 1t must be said to
his credit that he did not materially de-
tract from it, as many feared when he
The death of Justice Lamar will at
once raise discussion as to the propri-
ETY. of President Harrison appointing
his successor. There is really no reason
whatever why such question should be
raised, but it will be. 1t will be con-
some others, that President who has
not been reelected ought not to make
any life appointments in the closing
months of his administration, after his
successor has been elected. This is a
purely fanciful suggestion and has no
support in the Constitution nor in rea-
son. The President is elected for four
years, and his powers, rights and duties
are the Same on the last day of his term
as on the frat. They do not wane with
his term of office. The suggestion that
they do is an OutgrowtE of the modern
spoils system which seeks, in every pos
sible way, to tie the hands of retiring
President in order to increase the
patronage of his successor. II it is not
proper for a President to make life ap-
pointments during the closing months
of his administration it is not proper for
him to make any appointments. This
idea, carried to it's logical conclusion,
would cause q period of governmental
paralysis during the closing months of
the administration of every retiring
President.
Democrats are. or ought to be,
estopped from claiming that President
Harrison ought not to appoint Justice
Lamar's successor. because, ever since
Mr.. Cleveland's election, they have been
scheming how to get Justice Lamar off
the bench, SO as to make q vacancy for
Cleveland to fill. Justice Lamar would
not have been eligible fOrretirement for
several years, but in view of his failing
health it was proposed to retire him by
special enactment as soon as the new
administration came into power, and
speculation was already rife as to who
would be his successor. His sudden
death has frustrated this plan and de-
vOlved on President Harrison the duty
of appointing his successor.
The circuit presided over by Justice
Lamar is composed of the States of
Georgia, Florida, Alabama, Mississippi,
Louisiana and Texas, and, according to
the traditions of the Supreme Court, his
successor will be appointed from one of
these States. He will, of course. DO a
Republican. There will be no difficulty
in finding Republican lawyer in the
circuit quite as competent to fill the po-
sition as was Justice Lamar. Not to
speak of others, there are twelve United
States district judges in the circuit.
most of whom are Republicans, and
some of long experience on the bench.
and there are other Republican lawyers
competent to fill the position.