Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-02-21
Gossip as to the Filling of the Ex-
pected Vacancy.
THREE PROMINENT NAMES MENTIONED
Lawyers Do Not Look for Political
Appointment.
SUCH HAVE BEEN FAILURES

The bill introduced by Senator Harris for
the retirement of Mr.. Justice Jackson of
the Supreme Court has given currency to a
good deal of speculation about the i'resi-
dents probable course in filling such a
vacancy, and this has not diminished with
the revelation Of opposition to the bill in
the Senate. Judge Jackson's health is
poor. and the opinion is expressed that
should Congress in the end refuse him the
privilege of retiring under special act, he
will retire by resignation. So that, through
one means or the other, a vacancy is ex-
pected on the Supreme bench within the
next twelve months.
Popular rumor associates the names of
Secretaries Gresham and Carlisle and Con-
gresham William l.. Wilson with such an
appointment. 1t Is assumed in political
circles that either of the two cabinet Of
ficers named would be willing to exchange
his present post for the black silk gown.
and that in Mr.. Wilson's case a life ap-
poiltment would in every way be welcome.
The three gentlemen themselves have given
no warrant whatever for this talk. and the
President, of course, has been absolutely
silent on. the subject. Secretary Gresham
at the State Department and Secretary
Carlisle at the. Treasury Department indi-
cate no thought of a change, while Mr..
Wilson Is reported to be considering sew
eral tempting offers In the line of an edu-
Gators duties.
Talk but Lightly ReEardesi.
In prominent legal circles this talk Is
but lightly considered. The history of the
appointments to the Supreme bench for
the past thirty years is quoted as a reason
why In the event of the retirement of
Judge Jackson his successor would proba-
bly, not be a political leader of any grade.
htafn 10 tn La ali
certain that the new judge would be taken
from the active ranks of the legal profess
sion. The court at present is so consti-
tuted. and is spoken of as an exceptionally
able and useful court. Several of the men,
bers have in their day seen political serv-
Ice. but none was ever for long in political
office. Judges Fuller, Field. Gray, Brown.
Brewer and Shiras were taken from the
bench or from active practice at the bar,
and were known only as lawyers. Judge
Harlan had been in politics In Kentucky,
but only intermittently, as the leader of
the minority party. he had come to emf
nence as lawyer. Judge Jackson served
for a few years in the Senate, but had
stronger tastes for the law than for polf-
tics. The same Is true of Judge White.
Ii Is asserted of the present court. there
fore, that, taken as whole, 1T was made
up without reference to the political emil
neAce or activity of any of its members.
Foiiticul Appoinfmen to the Bench.
Lawyers declare that the appointments
years that were thought to bear some re-
lation to politics. or at least to the po-
htical eminence of the appJlntees. were
not in every way successful. The list starts
with the transfer of MIR. Chase from the
Treasury Department to the court as its
chief Justice. Mr.. Chase was great law
yer, but was regarded as the most eager
and ambitious OF politicians. 1t Is declared
OF him that he remained as much of q can
dIdate for the presidency while on the Su-
preme bench as he had been while in MIR.
Lincolns cabinet. He was an Industrious
judge, but his friends concede that the
black gown was good deal of a funeral
robe 10 him. He never wore it with satis-
faction to himself
Gen. Grant wanted to make Mr. Conkling
chief justice of the court, but the New
York Senator, In a letter which lawyers
highly praise. declined the honor. Mr..
Conkling doubted the wisdom of such an
act, and also his temoaramental qualifica-
tions for the post. He had. for years, been
In politics, in the forefront of engagements
OF much bitterness. and in this way had
acquired the habits and the reputation of
fighter. He believed that this would fol-
low him to the bench, and interfere with
both his comfort and his usefulness. He
was subsequently appointed by President
Arthur to an associate justicesnip of the
court. and confirmed by the Senate. but he
declined that also. His friends praise that
act more highly than the other for he was
row out OF politics for good. was poor,
and was facing hard struggle for success
at the bar. But he would not take a seat
on the bench In such circumstances.
The appointment of Mr.. Lamar to the
court led to a hot contest over confirma-
ton. Mr.. Lamar was most highly regard
ed on personal grounds by many of the
Senators foremost In the effort to keep him
off the bench. His career had been a dis
tinguished one In politics, and 1t covered so
long a period Of time that many Of his
associates lad forgotten, IL they ever
knew. that he had been prepared when
young man for practice at the bar. His
high character and general attainments
were admitted on every hand. but the ap
pointment was criticised on political
grounds. and as indicating too much the
Presidents mere personal feelings. and 1t
was confirmed finally. in body of which
Mr.. Lamar had for years been popular
member. by a majority of only one. Mr..
Stewart of Nevada, a republican at that
time left bis party associates and went
to Mr.. Lamar's rescue, and saved him.
why Popular Speculation Is Rejected.
This Is the record that induces many law
yers of prominence to reject the popular
speculation about successor to Judge
Jackson. And they express the opinion that
MIR. Gresham and Mr.. Carlisle would be as
far from desiring an appointment to the
Supreme bench in the circumstances that
exist as Mr.. Cleveland would be from max
ing such an appointment Both are lawyers
of the front rank and one has served for
years on a subordinate bench. and both are.
therefore, to be credited with the most deli
cate considera tions on the subject. Neither,
II is suggested, would care to don the
Judges robe in circumstances that might
subject the appointment to criticism on po-
ntical grounds and himself to the charge Oh
having secured the place largely because
of the personal favor of his chief. Lawyers
do not doubt that a bitter contest In the
Senate would result from the sending in OF
either name, as highly as both are re-
spected. The republicans would urge re-
lection on the ground of it's being scheme
for
the next presidential contest. and IL they
could succeed In impressins their views on
the populst Senators rejection would be in
evitable. This. 1t is contended, Is so plain
that the President would not be likely to
overlook it or disregard 1t In making choice
of a new man.
The Chicago Headed HOmeward.