Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-08-12
SUPREME COURT VACANCIES
Nh. Cleveland May Break All Previous
Records.
Talk About the Vacancy on the Bench
-Ex-President HarrisOn's Name =
Proposed. :

Cleveland may equal the most fortunate
Of the Presidents while surprising all but
a few of them. in the number of appoint
ments to the supreme bench. No executive
since Wash iEgton has had an opportunity
to make more than five appointments to
this high post of duty and dignity. Wash
irgton, who had to start the whole ma
chine, made eleven appointments. jack
son. Lincoln and Grant are the only others
who ever reached as high as five. Harri-
son named sour, and TO others have got
beyond three. Cleveland has already made
three appointments, ard has vacancy to
fill, while there is one on the bench who
may retire before the end of this admin
istration. Cleveland is one of the six Pres
iGents who have had an opportunity to ap-
point chief justice of the Supreme Court.
The others were appointed by Washington
john Adams. Jackson, Lincoln and Grant.
Three Presidents-William Henry Harri-
son, Zachary Taylor and Andrew Johnson
never had the pleasure of naming SUI
preme Court justice.
During the past seven years the mortal
ity has been great among these jurists.
FELL, Gray and Harlan are the only ones
left whose terms date back beyond Cleve-
lands first administration. Field is the on
ly one Of the real old timers left. He has
been on the bench for thirty-two years,
about two years short Of Marshall. whose
term of service was the longest in the his
tory Of the court. An ambition to match
Marshall is said to be the motive which
keeps Field en- the bench when his feeble
ness of health would dictate his retire
ment. 1t is said by his colleagues that his
age Is rever made an excuse for Sinking
work, and that he does fully his share with
the rest.
In the histcry of the court there has been
but one instance of vacancy being filled
by a recess superintendent appointment.
during the recess of Congress, when the
1pxy Tf1Ini fyy
act on it. This was the case Of
the second chief justice. appointed to
succeed jay. John Rutledge of South Caro-
lima was appointed and took his seat on
the bench during the recess of Congress.
There were no important cases decided
during this time, however. and when Con-
g1ess met his nomination was rejected.
This rejection was not a resentment OF the
Mariner of the appointment but was due
to the failure of the appointee's mind
meanwhile. The incident made 1t apparent
how unsafe it must be for any one to as
sumo the duties of SO important an office
with his title still in doubt. Though this
was the act of Washington, the example
has never been followed. and it is doubtful
whether Mr.. Cleveland or any ether Presi-
dent will venture to put man upon the
supreme bench before he has been con-
f1rmed by the Senate.
M-. Harrison Proposed.
An Indiana democrat who claims to have
President of the United States writes to
The Star suggesting the name of Benjamin
Harrison of Indiana for the vacancy caused
upon the Supreme bench by reason of the
death of Justice Jackson. He calls atten.
ton to ex-Presdent Harrison's fitness for
the Office.
while President of the United States. y
says the writer "he was broad enough and
great enough to ignore political consider
atoms and appoint Justice Jackson. who
was an ex-confederate and democrat
to place upon the Supreme Bench. The
question then presents itself. shall the
democratic party, through its most dis
tinguished leader, the President of the
United States, be able to brush aside par
ty considerations and appoint this emf
| nent1y qualified patriot and statesman tc
the vacancy?'
A New York Report.
1t was stated in New York yesterda,
| that the appointment to the vacancy or
| the Supreme Court bench had been ten
dered to Frederic R. Coudert, the New
| York lawyer, who is now in Europe.