Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-21
SUPREME COURT VACANCY
The President Hesitating Between Judges
Peckham and Herrick.
One Has Never Been in Politics and
the Other Has - No Hill
DictatiOn.

The latest report concerning the Supreme
Court vacancy represents the President as
hesitatins between Judge Rufus Peckham
ard Judge D. Cady Herrick. Both are
members Of the New York state judiciary,
beth are personal friends of the President
and both are of the age and of attain
ments emitting them to consideration in
connection with the appointment II the
Pl resident has decided that New York shall
have it.
Differences Between the Two.
But while both men are eminent III the
law, this difference is made between them:
Judge Peckham has never been in politics.
He comes of a race of lawyers. and his
father, who was an eminent judge before
him. trained him for the bar, and in the
hope that he might follow him on the
bench. The son took kindly to the paternal
program, eschewed politics absolutely.
stuck to the bar and in time assembled the
beEch. Judge Herrick, on the other hand,
had distinguished himself in local politics
before securing judicial recognition. He
was the Cleveland leader at Albany at the
time the sharpest factional fighting was in
progress in the empire state in the ranks Of
the democracy. Mr.. Hill, Of course, led the
other side, and this brought the TWO men
into rather hot conflict. After a time how
ever, the asperities created were In a meas
ure smoothed down. and Judge Herrick,
l.
secured nomination to the bench, and
was elected. But it was charged that Judge
Herrick, after ascendir g the bench, did
not sever his political connections or
abandon his active interest in political con-
Germs, and out of this sprang complaints
from the Hill people. To this day Judge
Herrick is referred to in New York circles
as an anti-Hill man. And thereby hangs
the tale that gives point to the reported
hesitation of the President as between his
former active champion in the political fie id
at home and Judge Peckham.
Rcsenting Hilfs DictntfOn.
Mr.. Cleveland, as the story goes, while not
inclined to antagonize Mr.. Hill again in the
matter of a Supreme Court appointment, is
quite as little disposed to make an appoint
ment simply upon the assurance that Mr..
Hill will not antagonize 1t. Some prom
inence has been given to remark made by
Mr.. Hill to the effect that Judge Peckham
was good man, and that had his name in
stead of that of his brother been sent in for
the Blatchford vacancy New York would
not have lost the place. This is said to
have nettled the President, and to have
pairing. upon the report that Judge Peck
ham would now be nominated, to claim the
credit of the appointment and move its con-
tirmation with a flourish.
Why He Thought of Herrick.
Mr.. Cleveland, therefore, the story goes
on to state. bethought himself Of Judge
Herrick, whose appointment, in New York
and elsewhere, would undoubtedly be ac-
cepted his own and whose confirmation
he would have every reason to expect. Mr..
Hill. as he Is said to have argued. could not
oppose the confirmation of a man upon
whom for judicial office the democracy of
New York, himself included, had set the
seal Of approval at the polls.
While the story. in its present shape, leaves
the advantage somewhat with Judge Her.
rick there is still expectation in some quar-
ters that in the end the prize will fall to
Judge Peckham.
Income Tax Not n Factor.
The opinion prevailed at one time that in
fliirg this vacancy some regard should be
had to the question of the constitutonality
of the income tax. The Supreme Courts
vote was so close on the question last spring,
it was held, when Mr.. Justice Jackson died,
that his successor ought to be taken from
the ranks of the opposition to the tax. But
the republican tidal wave has put an end to
all fears Of an early revival of that PROPOSE
ticn in Congress. The governments strong
box is not likely to be filled in any part from
that source while the republicans remain in
power.