The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-10-20

of court.
Secretary Taft's decision to remain
in the Cabinet for the present doubt
less will occasion surprise in some
quarters, for 1t was the opinion Of
many prominent public men in Wash.
ington that he was deferring the an.
nounce = ent of his acceptance of the
Presidents offer in order to participate
with propriety in the pending Congress.
sional campaign. They expected, es-
pecially in view of the Presidents
failure to appoint another man, that
the Secretary would be ready to don
the ermine after the November elec.
tions.
Surprise to the Supreme Court.
Among those to whom Mr.. Taft'a
resolution to retain his Cabinet port
folio will be news were some members
of the Supreme Court, for It was their
understanding, before Congress adj
iourned, that he had virtually consent
ed to become one Of their associates.
This impression became prevalent in
court circles Immediately after Ger.
tain visit to the White House by Chief
Justice Fuller and Associate Justice
Harlan early in the summer; that was
about the time the President offered
Associate Justice Browns place to his
War Secretary.
On the other hand, there are men
who have anticipated the Secretary's
action. They have found It difficult to
convince themselves that he would
conclude to become an associate jus.
tice when his prospects for something
more desirable, according to their no.
lions, we're so exceptionally favorable.
One thing they had in mind was the
chief justiceship, and the other was
the Republican nomination for Pres.-
dent, for, irrespective of what Mr..
Taft himself may think about it, there
| are many people who believe he ought
to succeed Mr.. Roosevelt and has a"
excellent opportunity of doing so.
Not Controlled by Ambition.
However, the Secretary hes not
been actuated by personal ambition in
declining to become Justice Browns
successor. Those who know the i'm.
polling motive say he did so for the
same reason he put aside Il similar
proffer in the winter of 1903. He was
then serving as governor of the Phil
lppines, and explained to the Pre"'
dent that he still had work to per-
form there which he could not con-
scientiously leave to another. To day
he has plans with respect to the ar
cripelago which he desires to see con
summated before retiring from the
War Department; he also wishes 10
retain directing lard on the Cuban
situation, and also to bring the Pana'
ma Canal project up to a more salts
factory status.
Not Barred from Bench.
Notwithstanding the fact that lie
ha- ,.ccIlned agl'n To 80 on tho ''H' Il
t." secretary b.; utt sur D.!"rc'l al',
1t, c'.' noes Of be : LirT a member "'
- highest jIi g.. t'ihnnal Z! Nc
land. On the contrary, his prospects
are as auspiclous as ever, for 1t is al
most certain, If not absolutely certain,
that there will be other vacancies to
which he is eligible within the next
two years. Associate Justice Peck
ham has already indicated his inten-
ton of retiring soon, but he comes
from that circuit, Associate Justice
Harlan. now in his seventy-fourth
year, has also created the impression
that he expects to relinqnish his lu-
ties before long, and he was appointed
from the same circuit of which Ohio is
a part.
Then there is Chief Justice Fuller,
also in his seventy-fourth year, who,
it is thought, will lay aside his judi
clal robes within the next thirty
months, If Mr.. Taft is not already on
the bench, he can be appointed Fuller's
successor. 1t may be regarded as a
foregone conclusion, IN this connec.
ton, that the President will make the
Secretary Chief Justice, II the oppor-
tunlty presents itself, In sense the
War Secretary is actually slated for
the Office,
Political Effect of Decision,
While Mr.. Taft makes no profession
at having political aspirations, he has
many friends, who now will probably
to exploit him as Presi.
Dental candidate
Quite likely some practical pollti-
clans will construe his deellnatIon Of