Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-20
| M P OR ANT C SES
That the New Justice Will Be Called on
to Consider.
Many Involving Weighty Questions
He Will Not Resign From the
Senate for u Week.

Justice White, the new member of the
United States Supreme Court. will be sworn
in on March > next that being the first
day of the spring term. lie will at once be
called upon to take part i'm the considera-
ton of more important litigation than has
greeted new justice in many years For
many weeks the court has been anxiously
awaiting a full bench and in the meantime
important cases have been fixed for hearing
at such time as the new justice should take
his place on the bench. These cases were
finally set for March .. in the hope that a
nomination and confirmation might be
made by that time.
First in order is the case of the United
States against the Mormon Church, arising
out OF the sequestration Of Mormon proper
ty under the Edmunds act. Next are cases
against the states Of California and Louisi-
ana involving large interests.
Then follow series of cases involving
land grants, especially where the grants
include lands since discovered to contain
minerals, along the Northern Pacific road
This is followed by the Indiana railroad tax
cases. involving large sums and irnportant
principles. Another series OF cases cover
railroad taxes in Pennsylvania The rights
or the interstate commerce commission will
De consldered IN case in which ex-senator
Edmunds appears for the commission The
famous Singer sewing machine cases in
Volvlng the use of the name Singer as a
trade mark, are also among these special
cases.
The suit which is attracting widest atte,-
ton among lawyers is that of Hilton against
Guyot, involving the right to enforce a
rrehch judgment in the American courts
Inc counsei In this case include Messrs
Carter, Root and Choate of New YORK
Inc question has never been raised before
ana Its decision win establish a principle
of law.
new York Without Representation.
The records of the Supreme Court show
Of
bench leaves New York state without a
representative in the court for the first
time since lso6, the only exception since the
court was established. The exact success
slon from New York is as follows: John
Jay Cchief justice). 11S9-I794; Brockholst
LIVINGSTON, lSo6-lS23; Smith Thompson
ls23-lS43; Samuel Nelson lSi5-lS72. Ward
1898 100-
The justices and officials of the Supreme
court are specially gratified at the choice
of Justice White. He has been mucb
among them and there were hopes express
ed as far back as the rejection of Horn
blower that the Louisiana Senator woIId
pe CHOSEN. This was due mainly to the
iact that the court has lacked an author
ity on the civil law as embraced IN the Jus
tlnian code, and later the Napoleonic code
All or the states of the Union, except Louis
lana, found their laws on the English COM
mon law, but Louisiana founded her sys-
tenn on the Napoleonic code, which came
from the Roman civil law. When the late
Justice Bradley was On the bench he mace
study or the civil law and spent much
time In Louisiana for this purpose He be-
came the authority in the court on such
questions. but since his death all OF the
justices have been common law LAWYERS q"
Justice White now comes equipped with an
experience at the bar and on the bench Of
Louisiana under their civil code.
May Not Resign for Week.
Senator White of Louisiana was not at
the Capitol today. His colleague. Mr.. Caf-
fiery, said that he did not think that Mr.
Whites resignation of his seat in the Sem
ate would be rendered for a week. The
Supreme Court is not sitting and the pres-
ent recess will continue until March ! hv
which time IL is presumed that his sue
cessor Will be appointed. It is not praba-
bic that the Senator Will occupy his seat
In the Senate great part, if any. of the
time, but while he is member of the SEN
ate he will he in better position 10 lool,
after the interests of his constituents with
reference to the sugar schedule in the
tariff bill than If he should resign.
Gossip as To His Successor
Mr. Whites successor cannot of course
be appointed until his resignation is ten
dered. The speculation concerning his sue
cessor continues. 1t appears that the iegis-
lature is to meet in April instead of MAY.
and that, therefore. the appointee. whoever
serve, unless he can be reelected Hence
II is suggested that Representative Blanch-
ard may not find ii desirable to make much
effort to secure the appointment, as If IL
should come to him il would be necessary
that he should resign his seat in the House
1t is suggested that Governor Foster may
himself desire to enter the senatorial race
and that if he should SO desire he would
probably appoint some one who would be
friendly to him in the race and who would
not himself be in the governors way.
Two Seats to Fill.
The legislature. which will meet in April
is the same which was in session in lsa2
having been elected for four years 1t ad-
journed then after casting numerous ballots
for Senator, without electing, which gave
the governor an opportunity to appoint
Senator Caffery.
Mr.. CafeTy was candidate before the
legislature, and ex-senator Jonas and Rem
reSentauve Blanchard, as well as Senator
Gibson, since deceased, were also candi-
dates. The legislature appointed a caucus
committee for the recess, which is still in
existence, but reports do not indicate that tf
has been able to do much to simplify tba
situation. Senator Whites resignation may
nave an influence in that direction. as tbara
VIII now be two seats instead of one with
out Louisiana occupants in the Senate.