The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-23
JUSTICE GRAY NAY RETIRE.
rs RECOVERING FROM SLIGHT
STROKE OF PARALYSIS.

Some Talk About Secretary Long ~ Hs
Successor. bat He Docs Not Aspire
10 the Place oliver Wendell Holmes
Ii Most Likely TO Ne Appointed.
WASHINGTON, Feb. 72-Mr. Justice Gray
of the United States Supreme Court, who
suffered a light stroke Of paralysis on Tues
day, IL considerably better to-day, and II
is hoped that he will entirely recover very
soon. The paralysis Affects INT side OF
his body only, but his speech Ia clear.
Slight as bis illness In. however. II has called
attention TO the act that Justice Gray
may soon retire from the bench. and the
question Of his probable successor IL there
fore being discussed. 1t is the opinion Of
P~ennsylvanians In Washington that Mr..
Justice Shiras may retire next fall. and II
Us possible that President Roosevelt may
soon have the appointment OF two NOM
bers OF the Supreme Court. Az New Eng
land has no other member Of the court
than Justice Gray. his successor will. OF
course, be taken from that section.
There has been some talk about the ap-
pointment Of Secretary Long, who, II 10
thought. viii leave the Navy Department
within tho next few wesbs. or as soon as
his successor has been chosen. Mr.. Longs
friends say, however. that be does not
aspire TO . place on the Supreme Bench,
not regarding himself as qualified to suc-
coed such an eminent jurist as Justice
Gray. Secretary Long would probably
not DO adverse, however. TO accepting a
place upon a district or circuit Federal bench.
and OF course would not decline to succeed
Justice Gray II he were urged by the Presi-
dent To take the place,
Under all the circumstances, however
the nan most likely to succeed Justice
Gray IA the present Chief Justice OF the
Massachusetts, Supreme Court. Oliver Wen
dell Holmes. He IL generally regarded as
a great Judge and a man Of the finest char
acter and intelligence. He 10 q veteran
OF the Civil War, In which he was most
severely wounded. and made q reputation
before going on the bench In his masterful
edition OF 'Tent's Commentaries" He 10
the son Of the beloved DR.. Oliver Wendell
Holmes, and In addition to his other quail
hcations 10 a man Of great eloquence. jug
tice Gray Il eligible for retirement now,
both on account OF age, being "a, and by
having served much more than the re-
Quired ten q
should Justice shiras retire It Ia not at
all certain tbs he win be succeeded by a
man from Pennsylvania, although that
State will lay strong claim to the honor
Some time ago the Pennsylvania Senators
and other influential men recommended
the appointment OF Justice j. Hay Brown
OF the Pennsylvania Supreme Court, but
IL Is not known whether the President
takes kindly 10 this suggestion.
1t has been stated in Washington recently
on very good authority that President
Roosevelt has In mind tho appointment
Of former Attorney General John W. Griggs
OF New Jersey, n In discussing this sub-
ject to-day a Senator remarked that a place
on the bench was once promised to Mr..
Origgs by President Harrison who for some
unexplained reason could not Keep the
Mckinley lived no would have appointed
10 the Supreme Court his personal friend,
Judge William r. Day, now on the Federal
bench In Ohio. II Is well understood In
Washington that Judge Day expected
ultimately to receive an appointment and
that this was the ambition OF his life. II is
now said by those who ought TO know some
thing OF the Presidents intentions that
Judge Day, who Is a young man, viii be
kept In reserve to succeed Mr., Justice Har-
Ian of Kentucky when he shall retire. which
In the nature OF things he must do before
long. Justice Harlan has been a member
OF the Supreme Court for almost twenty
Ave years and will be 70 years old on June /,
1908. He has not been In the most robust
health Of late, but will undoubtedly serve
until eligible for retirement when he reaches
the age OF 70.
The report is again In circulation In con
nection with Secretary Long's announced
Intention TO leave tho Cabinet that Gov.
W. Murray Crane OF Massachusetts, who
declined the Secretaryship Of the Treasury,
viii be placed at the head OF tho Navy
Department. There is probably no truth
In this, az Gov. Crane said when he was In
Washington that he could not under any
circumstances arrange his private bust
meas 90 as 10 enable him to live In Washing
ton. II is generally believed that Mr..
Longs successor will be a Massachusetts,
man, possibly Representative Moody. but
reached the point OF looking the field V