The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-11-08
RIVER AT 8 a. NJ.
JUsTICE FIELD,s SUCCESSOR.

The retirement Of Justice Field on
the first Of the coming month gives to
President Mckinley the high privi-
Iege and the great responsibility of APP
pointing a member of the highest jul
dicial tribunal of the nation, and we
had almost said of the nations. With
the increasing frequency of litigation
accompanying the development of in
terstate relations, especially with that
which grows out of the spread over
states of the transactions of great
corporations, and the apprehension
occasioned, showing itself in restric-
tive legislation by the states there
has come a corresponding increase in
the relative Importance of that court
and of appointments to it. 1t is evil
dent that larger constitutional ques-
lions are to arise in the future than
have been met and passed upon in
the past, springing out of this effort
to adjust personal and public interests
to the new conditions that attend the
development of commerce and trade,
with their trend towards consolida-
ton; and the character of the appoint
ments made to the bench of the court
Of last resort is Of vital interest to all.
The correspondents at Washington
jumped Immediately to the conclusion
that Attorney General McKenna
would be selected by the president to
fill the vacancy made by Justice
Fields retirement. The fact that the
latter was appointed from and is the
only representative on that bench of
the Pacific coast states, together with
the fact that Mr.. McKenna left the
circuit judgeship to become attorney
general, and that considerations of
locality would demand the appoint
mont of some one from that coast,
probably furnished the reasons that
led the news-hunters to their quick
conclusion Were there no other
phases of the case to be considered in
making the appointment their con-
clusion would be justified, but there
is one important one that we cannot
think the president will overlook
Ever since the defeat of the Federal
list effort to load the court with judges
of that political bias there has been
everywhere an effort, generally sue
cessful, to prevent the seeming of po-
Iitical bias in the courts by appointing
to it men from both political parties
The farthest that partisanry has gone
is to give to the party in national con-
troll, where the opportunity came, a
majority on the bench.
So strong is this sentiment that gov
ernors of states. narrow partisans
who, in any other matter. would deem
themselves guilty of party treachery
If they appointed a political opponent,
bend to it and maintain the equality
Of partisanry on the bench when it be-
comes their duty to fill vacancies. 1t
has been the almost uniform practice
in filing vacancies on the federal
bench. Lincoln followed it in the ap-
DplIllIllGIiI VI uSllCS l. leu I1lIllSSll,
Harrison followed it, appointing jack
son to take Lamar's place, and CIeve-
land followed it when he put White in
Jackson's vacancy and Peckham in
BIatchford's. Even with these ap-
pointments the supreme bench is I'M
balanced politically, Fuller, White and
Peckham being the only Democrats
Dn a bench of nine.
While it is true that politics should
have and does have but little effect
on judicial decisions and interpreted
lion of statutes, it is still we'll to pre-
serve something of equality Of parties
on the bench as a precaution against
just such demands as were made last
year Of a change Of Interpretation of
q statute through a change Of judges,
or an enlargement of the bench With
an equally divided court there would
be less ground for such a demand
based upon any decision such a court
might render Unbalanced as the
court now is, and still more so as it
will be If the predicted appointment
is made there will be increased sus-