The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-11
Circulation Statement.

Total ................. 24g 800
Daily average Sunday excepted. 19.235). Ss'ii5
a Curious Executive Indiscrcfion.
The New York Evening Post" re-.
ferring to the appointment of Mr.. James
Harlan as Attorney General of Porto
Rico, and to the general understanding
that it was made ~ please Senator Ma
son Of Illinois, the appointee being one
of his Chicago constituents says:
The respect for Justice Harlan which is felt
by all classes OF citizens has restrained the press
from much comment on this appointment. Criti-
cism does not lie against him in any event hut
1t does lie against the President that at a time
when 4 OF immense importance Is pending
in the Supreme Court. one in which the policy
of the Administration is more less involved
the son Of one Of the judges is appointed to an
important office The appointee is undoubtedly
well qualified for the place, but this is the
wrong time to make such selection Here. if
anywhere, should the President avoid the very
appearance of evil The suggestion that
the choice made .'even more to please Mason
than the Harlans' CONVEYS the censure which is
passing soto among lawyers wherever two
or three gathered together. Whatever else
may be said of the appointment. it exceed
ingly ill-timed.'
The Evening Post is right in its con-
tention that the universal respect and ad-
miration with which Justice Harlan is
regarded by the American people. and the
absolute confidence they have in his in
tegrity and rugged honesty of thought
and purpose have prevented press criti-
cisms which would have been incisive and
vigorous in other circumstances. No one
for moment thinks of connecting the
personality of the great Kentucky iurist
with the matter. On the contrary. it is
evident on the face of things that he has
been thoughtlessly-we hope not inten-
tionally-placed in position of embar-
rassment by the President. whose past
reputation for tact and delicacy renders
his conduct in the connection truly sur
prising to the country.
How Mr.. Mckinley could fail TO realize
that the appointment of a son of one Of
the Supreme Court justices TO a high
place. while the case of the Administra-
ton against the Constitution of the
United States was before that august tri-
bunal, would excite criticism and resent
ment, We are at a loss 10 understand. The
public are not uninterested spectators Of
the struggle. They know that. on the
part Of the Administration. It is one for
construction Of our organic law, which.
II given. would destroy the Constitution
as the broad and sole base of our Gov
eminent and lay our Territories, whether
organized or unorganized, oPen to exploit
tation and loot for the benefit of favored
trusts and monopolies. under a system of
executive absolutism. President McKfn-
-
spread opinion. Knowing 1t TO exist. it
is strange that he should permit himself
to do anything which might justify a sus-
picion. no matter how unwarranted that
he would, or as an honest officer could.
attempt TO influence the judgment or de-
cision of the Supreme Court, or of any
of its members.
On the same reasoning, we sre amazed
TO learn that agents of the AG:ninistra-
tion in Congress are openly urging their
colleag CUES to pass the proposed bill to
increase the salary of Supreme Court Jus !
tees TO fifteen thousand dollars a year
before decision in the Porto Rican and
Philippine cases can be handed down. |
As 10 this matter. We are under no re-
straint II the movement in question has
the countenance and support of the ex-
ecutive branch of the Government we are
bound to say that nothing so disgracefully
calculated to injure the highest tribunal
in the land in the eyes of the people was
ever conceived in American history 1t is
not that anyone would think for a moment
that the proposed benefciarles had the
remotest connection with the projec,-ths
purity Of our greatest bench is not, never |
has been, and we hope never will be open |
to the slightest question But the in
eyitable deduction will be that the Ad- |
ministration and its trust allies believe |
that patronage and emolument might |
bring result in the constitutional cases
at issue other than that which would be
dictated by sound reasoning and Just
construction OF cur fundamental law.
II IS to be feared that in the continual
mandatory payment of campaign debts
~-hich have been incurred on his account.
Mr.. Mckinley may have come TO forget
the necessity for preserving appearances.
which in former days he would never have |
overlooked. If this was his mistake in the |
Harlan appointment. he should take good |
fault could be found with the nomination. |
The conditions being different, # is GER
tain that Mr.. James Harlan would be en-
tirely acceptable to the country as Attor-
ney General Of the Territory of Porto |
Rico; but when the constitutional Fate Of
that island might depend upon the vote OF
Mr.. Harlan's. honored father, the appoint
ment mast be considered as a gratuitous |
reflection upon the latter. Il is right to
warn the Administration that the least ap-
pesrsnce Of desire to exert executive,
Congressional, or trust influence upon the
Supreme Court would raise a storm of |
popular indignation. such as no man living |
ever has seen. The country honors. ven- /
crates. and trusts that bench. and viii |
not tolerate the touch Of any impious hand |
upon 1t.
Common Sense ~. Cynicism.