The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-01-14
In .he Matter Of novnblower, n. J.


A statement Of the plain facts In the case
Of HoHSBLowER. n. j.. may alay the grief
of some excited MuGwumps and also may
enlighten persons who are not Mugwumps.
on Q subject which will receive the alton
ton of the United States Senate ia execu-
tive session tomorrow.
The Supreme Court at Washington Is the
most august tribunal of law and justice in
the United States. 1t Is the court OF last
resort. Its decisions In matters OF life or
death. property or personal rights. are
Anal. Congress makes tue laws. the Su-
prsme Court interprets them. tits the safe
guard of the Constitution; it is higher than
President or Congress. or both. Its members
cannot bs removed or suspended except for
proved cause. They hold office for life. and
sncs appointed and confirmed. they cannot
be superseded The peoples power over
them. except for fragrant offence. ceases
when they don their robes OF Office and take
their seats.
In filing vacancies on the bench OF this
high court. Presidents are accustomed to
select. with the advice and consent OF the
Senate. which IL indispensable. jurists OF
ability and experience. men OF broad views
aud trained intellect. having knowledge OF
grave public questions. and familiar with
legal principles and procedure.
The members of the present Supreme
Court. almost without exception. per-
formed. prior to their selection. RESPONSE
BILE duties OF a judicial or quasi-iudicial
character. Chief Justice FULLER had ex-
perienee as City Solicitor of his native
city and had been member OF the Constl-
2uti Of Itunia Of ka
Legislature OF that State. Justiee GRAY
was a member OF tho Supreme Court OF
Massachusetts. and had been its Chief JUS
tice. He had indeed grown gray in tho jul
dicial service. Justice BREWER was a Pro-
bate Judge. District Judge. Justice Of
the Supreme Court OF Kansas. and United
States Circuit Court Judge before his eleva-
ton. Justice JACKSON had been n member
OF both branches OF Congress. of the SAT-
preme Court of Tennessee. aud Of the United
States Circuit Court. Justice HARLAN had
been Judge in Kentucky and Attorney
General OF that commonwealth. Judge
BRowS was an acting United States Judge.
. Circuit Judge in Detroit. aud q United
States District Judge.
vacancy on the bench OF this court occur
ring through the death OF Justice BLATcH-
FORD on July Z. 1888. Mr.. CLEVELAND.
-'ithout. as appears. consulting any one. OF
anything but his own personal preference.
selected W. b. HORSEPOWER. and sent in
his name 10 the Senate.
Who was Mr.. HoRSBLOwER What had
he done! Where had he been? What
judicial services had he performed? What
qualifications for membership in the highest
appellate court, the court Of last resort, did
he possess
Except 10 small eoteris Of lawyers he
was substantially unknown. 1t was said h,
between the years 1883 and 1898. when in New
York. had served the interests OF Mr.. CLEvE-
LAND. by securing for the firm OF which
Mr.. CLEVELAND was a member. certain
clients. whose retalnsrs were accounted lib
eral for the work performed; but outside OF
that he was very little known. The ser,
vices he had rendered were personal and
they might. perhaps. have been properly
rewarded by a personal appointment, a
private seeretaryship. or something OF
that sort. without evokiEg any such opposi,
tion as his nomination 10 the Supreme
Court bench at once encountered.
SIR. HORSEPOWER had Lai no experiences
as Judge. He was selected over the heads
VI serhaDs 5000 better qualified agyers il