The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-12-09
SUPREME JUSTICE
Probable Appointment Of CUShnal
K. Davis.
WAS CANDIDATE FOR PRESIDENCY
May Take Cabinet Posi-.
ton if it is Offered.
WAS CANDIDATE FOR PRESIDENCY
German POIitics-Trouble i'm the
iChstag-EmperOr Will
Iiam's Actions.

WASHINGTON, d. c., Nov. IA
With the exception, perhaps, of Chair
man Mark Hanna, the election of Mr..
Mckinley gave more satisfaction to
the five members of the United States
Supreme Court, who voted against the
legality of the income tax than to any
other men in the country. These dis
tinguished jurists regard it as a vim
dication of their course and the up
holding of the dignity and power of
the supreme tribunal of the land. Two
of these gentlemen are Democrats. Two
members who voted against the de-
cision are Republicans.
Justice Field, though commonly un-
derstood to be a Democrat, is partic
ularly pleased at the success of the Re-
publican ticket. The day after the
election he celebrated his S0th birth
day and new zest was added to the
event by the election returns which
came in during the day. For 33 years
he has been upon the Supreme bench,
and could have retired 10 years ago had
he desired.
AS the Court now stands Justices
Harlan, Gray, Brewer, Brown and
Shiras are Republicans. Chief Justice
Fuller and Justices White, Field and
Peckham are Democrats. Thus the
Court stands five to four in favor of the
Republicans. According to precedent,
IL
be appointed from the Ninth Judicial
District, which the senior Justice now
represents He should also be a Dem
ocrat. But this unwritten rule has
frequently been ignored and a Presi-
dent usually appoints Justice of his
own political faith President Harri-
son brought down a small-sized cy-
clone upon himself by appointing JUS
tice Jackson Democrat, to succeed
Justice Lamar. President Cleveland
appointed Justice Peckham of New
York to succeed Justice Jackson of
Tennessee. 1t will thus be seen that
Mr.. Mckinley would have a precedent
for going outside the Ninth Judicial
District to select a successor to Justice
Field.
A number of men have been suggest
ed as qualified to fill the vacancy which,
it is certainly expected, the noted Cal
ifornia jurist will make on the Su-
preme bench upon the advent of the
Republican administration. The ia
vorite is Senator Cushman K. Davis of
Minnesota. Mr.. Davis has also been
suggested for a Cabinet position, but it
is admitted that his fine judicial mind
better fits him for a position on the
Supreme bench than for Cabinet pO-
sition. He is a close student, a fine
classical scholar and would no doubt
be the peer of any man on the bench.
He has a big practice before the Su-
preme Court, and is thoroughly in
training and up to date on all legal
matters The graceful manner in
which he retired in favor of Maj. Nc
KinIey from the contest for the presi-
Dental nomination puts the latter I'M
der considerable obligation to him. He
was also largely instrumental in MAX
ing Minnesota and the DakOtas safe
for the Republican ticket.
1t is possible that Senator Davis
might prefer a Cabinet position, but
the honor and dignity of place upon
the Supreme bench would be far great
er than the temporary tenure of a
Cabinet office. A life position at S10,-
900 a year is a very comfortable berth,
not to mention the fact that the fam
lilies of the Justices take social prece-
dence over those of Cabinet officers,