The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-07-19
JUSTICE HARLAN IMPossIsLE.

N A CURIOUSLY MIXED editorial
utterance Harper's Weekly of July
suggests the nomination Of Justice
John NJ. Harlan of the supreme court
Of the United States by the Democratic
national convention for the presidency
in 1904. 1t is difficult to say with ac-
euracy just what the Weekly is driv-
ing at when it says:
There is a man now on the bench Of
the United States supreme court who
would make an admirable candidate for
the Democracy in 1904 because ne has
eSpOused the Democratic side on all the
live issues of the hour. He is undoubtcu-
ly opposed to the free coinage Of silver III
the ratio of 10 to 1-but that is a dead
issue He is an anti-imperialist, believ-
ing that the Constitution follows the flag,
and he holds that great combinations OF
capital can and Should be subjected 20
restraint by the Federal government. we
refer, Of course. to John Marshall Har-
Ian; and the question may Wen be asked
why. If the Democracy is to take ca p
didate from the judiciary, il Should not
seek the highest bench and pick cut the
Justice Harlan's availability is that he
was born in and appointed from Ken
lucky. which the Republicans have re
nOunced the hope of carrying. The truth
is. however. that Justice Harlan has 50.
so long uDOn the beEch that he may be
said to hail from the Capitol At WASH
is reason TO believe thai state pride WOulI
|. cause kentucky. which never Yet had a
president TO give him her electoral votes.
For a good many reasons Justice
Harlan will not be considered available
material. The first is that ne is not
Democrat and has never been a Demo-
crat. In the light of this reason all
the others are entirely unimpOrtant. In
mentioning his name in connection
with the Democratic presidential nom
nation the Weekly manifests an ignor-
ance as amazing as it is ineXcusable.
The stalwart character of Justice
Harlan's political affiliations is ap-
Parent from a glance at his easily &C
cessible biography. He was born in
Kentucky in 1888. but did nothing cal
oulated to give him much prominence
until 1871, when we find that he was
the Republican nominee for governor
of the state of bluegrass and feuds. or
course, he was Overwhelmingly defeat
ed, Sut defeat did not cause him TO
abate his zeal for Republicanism. In
1875 he was again nominated for gov
ernor by the Republicans of Kentucky
and again he was defeated.
However, he chung to his faith so
warmly that in 1877 he was appointed
member of the Louisiana commission
| which. it will. be remembered, gave
/ Louisiana to the Republicans and made
Rutherford B. Hayes president of the
/ United States Later in the same year
| President Hayes appointed Mr.. Harlan
| associate justice Of the United States
| supreme court, a position he has held
/ with credit ever since.
Justice Harlans opinion in the Porto
| Rican case. when he dissented from
! the majority of his colleagues and held
| that the constitution follows the flag,
was in no sense political It was. on
/ the contrary, merely a fearless express
sion from fearless judge. The same
! thing is true of his opinion that great
/ combinations of capital can and should
| be restrained by the federal govern
ment. If Justice Harlan believes a
/ principle is right he never let's Qohdcs
! interfere with his opinions.
/ But he is not a Democrat. and Har-
7 per's Weekly must have known it.