Every evening, Wilmington daily commercial., 1906-03-10
suprsms oourt Vacancy.

Supreme Court Vacancy.
President Roosevelt is now locking
about for suitable successor to Associate
Justice Henry Billings Brown Of tho
Supreme Court Of the United States, who,
after = service Of nearly sixteen years,
rendered his resignation to the President
on March ID. On that day he reached
the 10th anniversary Of his birth, and
determined TO observe Il by retirement
from public lifo. The President has ao-
eapted tho resignation
The position was promptly rendered TO
Senator Philandor c. Knox Of Pennsyl-
vania, and as promptly declined by him.
Senator Knox preiening 10 retain his seat
IN the Senate, 70 which he will no doubt
be reelected upon the expiration Of his
term. That Senator Knox would rather
uarve In the Senate than 90 upon the
supreme bench, at present is only natural
20 a man Of his temperament and abilities.
The place being open, therefore, specu-
iation is naturally directed TO the Success
sion. Pennsylvania lays claim on tho
tion in ;he Supreme Court, and that Il
has had no such representation since the
Iretirement Of Justice George Shiras, Jr.,
in 1908. But no State may legally make
this claim. as tho appointments 20 10 the
respective States by courtesy only, as
expressed by the President in appointing
and the Senate in confirming the appoint
ments.
Tho Pennsylvania claim Is supple
mcnted by the contention that the selec-
tion Of Justice Browns successor should
be made from tho three judges Of the
United States Circuit Court Of the Third
Judicial circuit These are: Judge
Marcus W. Aoheson Of Pittsburg, Judge
George NJ. Dallas Of Philadelphia and
Judge George Gray Of Wilmington. Judge
Achoson is regarded as the most probable
recipient Of the Presidents favor in the
event Of the appointment being decided
by promotion, rs he is a Republican,
while Judges Dallas and Gray are Demo-
Gratis. But, should the President decide
TO ignore partisan considerations entirely
and make the selection upon personal
and public grounds, 10 is regarded as
highly probable that Delaware, for the
first time in her eventful history, would
onioy the spectacle oil one Of her honored
sons occupying place in what has justly
been designated "the highest Judicial
tribunal ia the world
The elevation Of Judge Gray to The
Supreme Court OF the United States would
he am eNempliicatiou of the old saying
"for time, at last makes all things even
Nearly a score OF years ago the appoint.
ment TO a supreme Court vacancy wa,
rendered him by President Cleveland
tentatively at least If not positively
hut he declined the proiiered honor Why
he did SO. has been a matter OF CONJECTURE
ever since. which can be made clear onl,
10y himself The suggestion of his nami
for the position az that time was receive,
with a response Of cordial expression an,
Endorsement, hattering alike TO Judg
Gray and President Cleveland. The ba
of Delaware was unanimous in It's approv
ing sentiment, as was amply attested b,
interviews with every lawyer in the State
obtained by Every Evening and printei
in the columns of this paper.
While il is not believed that the Presi
dent will tender this supreme Court Judge
ship to Judge Gray, no great surprs
would follow the announcement of hi
appointment Presidents in the pas
have not hesitated TO confer such favor
upon political opponents, and surel
President Roosevelt could not bestow th
Office morc acceptably, or with a NOR
faithful regard for the public interest,
chan by appointing Judge Gray IN
latter was appointed 70 his present iudicis
place by President Roosevelt's predece.
sor, President Mckinley, also a Reput
lican, and the country applauded the sc
That similar approval would greet Judr
Gray's elevation 70 the Supreme Court b
President Roosevelt is not doubted.
Il would be a great honor to Delawar
10 have one Of her citizens appointed
the Office Of Justice Of the Supreme Coui
Of the United States And il is matt,
Of pride and congratulation that IN
little State is able to present for this hig
station a citizen who, IN all the essenti
qualifications, and in respect Of mani
attributes, is the peer Of those who ms
be urged by other and larger States.