The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1906-10-24
MOODY FOR JUSTICE
Slated Once More for Supreme
Bench Vacancy.
PRESIDENT CHANGES PLANS
Finds Opposition so appointment of
Attorney General VIII Net Re as
strong in the senate as He Feared.
Several Seriou~ Objections to Lur-
ton RniScd-HOyt Ont Of Running.

/ Attorney General Moody viii probably
/ be- named soon as Justice OF the Supreme
Court II cannot be- stated positively. al
though tho President as good as indicated
yesterday that the matter was settled.
and that Mr.. Moody would be the man.
lie has decided not TO promote Circuit
Judge Horace IT. Lurton. Of Tennessee.
whose nomination seemed alnost. assured
a few days ago. Neither viii he name
Solicitor General Henry H. Hoyt. Of the
Department Of Justice.
When the President returned from Oys-
ter Bay three weeks ago he told certain
Of his callers that he wanted very much
to name Mr.. Moody. but could not then
see his way to do So The objection in
his mind was the opposition that might
be expected I'm lhe Senate from having
two members OF the court from one small
State like Massachusetts. Since then the
President has had opportunity to hear
from several Senators on that topic. and
believes there would be less opposition
than he first anticipated. The Attorney
Generals conceded qualifications for the
office would 20 very far toward overcom-
ing any objections the Senators might
have on the ground Of the locality
Lurfon a states Rights Advocate.
Several objections were made 20 Judge
Lurton, which encouraged the President
to turn again to Attorney General Moody.
A Cleveland Democrat. Judge Lurton is
also described to the President as
States right advocate OF the most pro-
nounced type who would hardly he in
sympathy with the Presidents programme
Of strict Federal control of corporations.
When Justices Harlan. White. and Day
called on the President a few days ago
they are understood 10 have spoken in
the highest terms OF Judge Lurton. but
Justice Harlan is said 20 have suggested
that LuTtCn's appointment would give the
Democrats four Of The nine members OF
the court. and that any idea Of Chief JUS
tiCe Fuller retiring soon was out OF the
question. Therefore. with four Demo-
Gratis on the bench. the Chief Justice
would possibly cherish the hope of max
ing a majority Of the court Democratic.
should the next President be of that
party
Knox Against Him.
Careful examination was made of Judge
found to be fair" there was an evident
leaning toward view of railroad law not
entirely Acceptable to the President. Sen
ator Knox advised against the appoint
ment of Lurtoa. but not because he was
championing the selection Of Solicitor
General Hoyt. who is a prominent Penn
sylvanian.
While several able lawyers have been
favorably considered at times fOr the
nomination to fiji the vacancy caused by
tho rpJiTpment of Justice Brown, the
President returned again to the consider
alton of Attorney General Moody. and.
it is understood, has finally decided TO
name him.
"A decision has been reached" said
i high official last night. The President
viii announce the selection at once"
THE President is very strongly dispos-
ed towards naming Mr.. Moody, said an
other in a position TO know
1T viii not be Lurton, nor Hoyt," he
added. with caution, and again indicated
that Mr.. AfoOdy's nomination was to be
looked for.