The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-01-27
WILL APPOINT A JUSTICE.

Iamar's successor to he Named by the
President Despite ID emocratic Opposition.
Special 10 the Indianapolis Journal
WASHINGTON. Jan. 26.-The Journal cor
respondent has authority for announcing
in the most positive terms that President
HARRISON will nominate a successor TO the
late Associate Justice Lamar. The nomi-
nation will probably be sent to the Senate
before the end of next week. The Presi-
dent win not be deferred by the Demo-
cratic and mugwump claim which has
arisen since the death of Justice Lamar
from exercising what he regards not
merely as his constitutional right, but as
his official duty. Moreover. there is every
reason for asserting that whoever
may be nominated for the vacancy
on the Supreme Bench will be con-
frmed despite the partisan opposition of
certain Democratic Senators who will
probably be led by Senators Vest and Voor-
hees. The President consulted at the
White House to-day about this subject
with Vice-president Morton and Senators
Henderson. Platt Dolph, Higgins and
others. His conversation with the Vice.
president is supposed to have been with
reference to forcing confirmation. and the
presiding officer of the Senate is believed
to have satisfied the President that it ID
within the power of the Republican ma
jority In that body to compel the con6rma-
tlon of any man who is up TO the high
standard of the previous judicial appoint.
ments made by this administration.
The fight over the confirmation of ex.
Representative McComas, of Maryland, to
the Supreme Bench of the District
of Columbia. which was very bitter
and determined, demonstrated that
the Democratic side of the Seuate
chamber can be overcome, If the Republic
ans are united. In Its opposition to any
nomination. This can be done either by
some form of cloture restriction applying
to executive sessions, or by threatening to
spend so much time In considering the
nomination as TO imperil one or more of the
great appropriation bills, and so compel
Immediately after March f. From the
conversations which the President held
with some of the Senators who consulted
with him to-day your correspondent Is able
to indicate quite accurately the position
taken by tho President as to this impor-
tant appointment. In the first place. the
President believes it TO be his right
and his duty to fill the vacancy
on the Supreme Bench. In the second place.
he regards it as his duty To his party and to
his country to nominate a Republican,. OF
at least man who Is no impregnateG with
the doctrine of States rights. as vas j ustice
Lamar and as is Chief Justice Fuller. In
the next place the President considers that
the appointment ought. if possible, to GO
to the South, iEasmuch as Justice Lamar
was the only dlstInctively Southern man
upon the Supreme Bench. Finally. the
President, under ordinary circumstances,
would regard it as alpost Imperative to ill
the vacancy by the promotion of some Re-
publican judge of a Southern Circuit Court.
Such q promotion, however, would cause q
vacancy on the local federal bench. which.
on account of the lack of time between now
and March 4. would almost certainly be left
for President Cleveland to fill. During the
coming week President Harrison will
examine carefully the names Of prominent
Southern Republicans. both on and off the
federal bench, which may be submitted to
him, and IL he finds among them q man
who meets his standard as TO private char
acter and professional requirements, he
will undoubtedly be nominated.
Ii the list of Southern Republican iurists
should not prove wholly satisfactory, then
the President might turn TO the North,
although even then be would be disposed
to select q Northern Democratic Judge or
lawyer whose partisanship Is not extreme,
and who recognizes that the civil war
ended the doctrine of States rights as we'll
as the institution of slavery. OF Northern
Republicans. should he be brought to
choose from among them, the President is
known to look with most favorable eyes
upon ex-senator John &. Spooner. Of Wis
consin. Mr. Spooner while a member of
the Senate made many warm personal
friends among Democrats as well as on his
own side of the chamber His personal
character, his professional experience and
his natural ability would ell unite in max
ing opposition to his confirmation on either
partisan or sectional grounds absolutely
futile
1t is understood that there are two men,
bers OF President Harrisons Cabinet who
would accept the nomination If it were ten
dered them-Secretary Tracy, OF the navy,
and Secretary Noble. of the Interior. IL be
makes the selection from a Northern State
the President would doubtless give the
name of General Tracy serious considera-
ton. There Is now no member of the Su-
preme Court from the State of new York,
and. moreover. the President Is known to
have the highest respect for General Tracy's
ability as lawyer, and most cordial
liking for him as a man riends of Soc
retary Noble have gone at as to sug-
gest his name to the ent, and 1t 10
understood the PresiceI ct the sugges-
tion with the reply that did not believe
that General Noble could be confirmed in
asmuch as he would be opposed by several
Senators of his own party.
Press dispatch says: president Har-
rison believes that his term extends 10
noon of March 4, and there Is no warrant
for an abdication or abandonment of the
functions of the Office by him before that
time. An interesting precedent in sup
port of this view is quoted. Within few
weeks before the expiration of President
Cleveland's first term, about Feb. 10. it
will be remembered he extended the civil.
service law over the employees OF
the railroad r1ail service. While con-
sidering this subject he consulted
with an official directly interested who
ventured TO suggest that the issuing Of
such All order 80 near the close of his term
would be warmly criticised. President
Cleveland responded that the term of
the President did not expire until March 4.
and he knew of no reason why q right
thing should not be done In the lasts half
day of the term as well as on the tirit half
day, aud the oruer was issued"