The Washington herald., 1906-11-10
WOULD BAR MOODY
Present Position Conflicts
with Supreme Judgeship.
MEANS MUCH TO THE NATION
Unwritten Rule that Supreme Judge
Cannot Hear Cases I'm Which He
Has Been Interested Would Render
Attorney General Ineligible in
Litigation Involving Millions.

/ The desire Of the United States Su-
preme Court to delay action upon many
/ important cases until consideration by a
/ full bench was possible will not be graft
/ ied by the appointment Of William II.
Moody TO the existing vacancy. There Is
a widespread opinion IN legal circles
/ that Mr.. Moody's transfer from the At
/ tcrney Generals Office to the tribunal Of
last resort will prove not only exceed
/ ingly embarrassing to the court Itself, but
may cost the government many millions Of
/ dollars
This peculiar state Of affairs would
arise. if Mr.. Moody should take his seat
on the Supreme Bench, through the ap-
plication Of the unwritten. but neverthe-
less rigid rule. that no member Of the
court shall pass judgment upon any
question in which he Is in any way inter
ested MIR. Moody would, therefore. be
barred from participation in all OF the
/ cases which had arisen during his in
cumbency Of the Attorney Generals Of
fee. and upon which he, in enc way or
/ another, had taken any action.
4 Serious Obstacle.
/ II a difference Of opinion should arise
on the bench as TO procedure in any Of
/ the trust prosecutions Instituted by Mr.
Moody, the situation might prove a Sc
rious obstacle 10 the administration Of
justice by the court, and It is regarded
by lawyers of prominence here as placing
the tribunal in a position which should
be avoided if possible
Thara oro cosrn-af -ot.F.Tl &C.
which aply f0rcibly 20 SIR Moody's pro-
4 spective dOnning OF judicial robes The
nominations Of two Attorney Generals to
/ Supreme Court Justiceships were re-
( jected by the Senate on the ground that
/ the nominees would be called upon To
give judgment in cases IN which they had
/ taken part as counsel for the government
Joseph McKenna, a present Associate
Justice Of the Supreme Court, has de-
1 clined 10 participate IN the adjudication
| Of causes with which he was concerned
when he was Attorney General IN the ad-
ninistration Of President Mckinley.
Colorado River Case,
One Of the most important cases before
the court was recently deferred until it
could be heard by a full bench. This was
the suit between Kansas and Colorado as
10 the right 10 use the waters OF the
Colorado River for government irrigation.
Some S+9o00.0Do for irrigation projects
in the arid regions Of the West is in
volved. on account OF the Intervention
OF the Department OF Justice. Mr.. Moody
would. Of course, be excluded from sit
ting IN that case. and as far as its post
ponement is concerned il might as well
be put over until Mr.. Moody is eligible
for retirement from the bench-some
seventeen years hence-prOvided he is ap-
pointed TO the vacancy
The case inglves some very nice ques-
tions, never bI.ore raised. as to the rights
of the States 70 use the waters of rivers
within their boundaries, but which flow
into other States The governments
whole scheme Of irrigation depends upon
the outcome Of this case, for, II the
claims of Colorado prevail, the govern
ment viii have no right 10 appropriate
the water.
Under the peculiar circumstances Of the
case the inability Of Mr.. Moody 60 sit i,,
case which came before him as At
torney General might. ard probably
would. cost the people some eight million
dollars.
Another Involves Millions.
Another case involves the meaning or
the Congressional repeal Of the legacy
tax Of the war revenue bill. II. as the
divided court held, the repeal went back
a year it viii mean the government will
have to refund sS.090.OJ0.
Another case is the Cramp Shipbuilding
case claims, amounting TO Sl.oo00oO; an
other is the polarization tests Of sugar,
used by the Treasury Department I'm de
termining duty on raw sugar. involving
from S10.0e0000 TO N5.o00.0G0 The Isle Of
Pines ownership case is another; customs
matters relating 10 Cuba and Hawaii
viii remain unsettled because of the lack
of participation Of the ninth justice
There are the land eases I'm Kansas. in
voViug half q million acres. In adJi-
ton TO all these civil causes. there are
the criminal prosecutions of the Standard
OIL Company and the railroads: the fer
tilizer trust, the soap rate trust case and
dozens Of others, al Of which may have
TO be postponed until Mr.. Moody is re-
tired from the bench If the Senate con
firms his appointment