The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-28

Mr.. Moody and the Supreme Court.

Mr.. Moody and the supreme court
II IL announced from Washington that
the President has determined TO appoint
Mr.. WILLIAMH MOODY Of Massachusetts,,
now Acknowledgement OF the United
States, to the vacancy on the bench
OF the Supreme Court at Washington
caused by the retirement OF Mr.. Justice
BROWN in May last. This appointment
will give two representatives on the
Supreme Court bench to the First Judicial
Circuit, which consists Of Maine, New
Hampshire, Massachusetts and Rhode
Island, Mr.. Justice HOLMES, the son Of the
poet, OLIVER WENDELL HOLMES, having
been appointed from Massachusetts,.
For Federal judicial purposes the
Union Is divided into nine circuits. To
each Of these circuits one Of the nine
justices Of the Supreme Court is as
signed, and it is customary FOR him to
sit occasionally therein in the Circuit
Court. Each Supreme Court Justice is
usually designated to perform this duty
In the circuit where he resided at the
time Of his appointment, as, for example,
MI. JuEllCc DOLAlbD 10 d6niShNN w VIC
First Circuit, which includes Massachu-
sets; Mr.. Justice PECKHAM is assigned
to the Second Circuit, which includes
New York, his own State, and Mr.. JUS
tice MCKENNA is assigned to the Ninth
Circuit, which includes California, where
he was formerly United States Circuit
Judge.
1t was formerly customary when a
acanc occurred in the Supreme Court
for the President to select the new Judge
from the circuit whence his predecessor
appointed, or at all events in making
appointments to the Supreme Court to
select the a~ppointees in such a way that
each circuit so far as possible would have
a representative on the bench. OF late
years, however, this custom has been
~.disragarded to such an extent that we
recently had three Supreme Court JUS
tees from the same circuit: HENRY B.
brown, JOHN NJ, HARLAN and WILLIAM
r. DAY, who were appointed respec-
lively from Michigan, Kentucky and Ohio,
all Of Which States are embraced in one
and the same circuit, the Sixth. On the
other hand, two circuits are entirely
without resident representation, the
Third Circuit, which comprises New
Jersey, Pennsylvania and Delaware. and
the Seventh Circuit, in which are n
tanned Illinois, Indiana and Wisconsin.
Other things being equal, it would
seem that the selection Of Supreme Court
Justices with reference to the several
q, judicial circuits, so that each should be
represented on the bench, is both wise
and expedient. In this way the learning
and attainment of the legal profession in
all parts Of the country become avail
able to the people in n Of the highest
branches Of the public service; and thus
also the legitimate ambition OF the ADLER
members of the bar in every section OF
the Union may find suitable encourage
ment in the prospect of promotion to the
bench Of one Of the greatest tribunals
In the world.
II the vacancy caused by the retire
ment OF Mr.. Justice BROWN were to be
on this principle it would require
the appointment of his successor to be
made either from the Third Circuit New
p Jersey, Pennsylvania and Delaware)
or from the Seventh Circuit illinois,
Indiana and wisconsin,, assuming that
a competent lawyer for the place can
, be found in either Of those circuits
. Ordinarily geographical considerations
should have no weight to prevent the
appointment to the Supreme Court Of a
lawyer OF transcendent attainments,
no matter where he comes from; but
In the present instance there are the
gravest reasons why they should not b.
disregarded.