The Washington herald., 1906-10-09

II is not probable that the vacancy
in the Supreme Court Will be filed before
Congress meets in December. for the con-
nrmauon fthe appointee by the Sen
ate is considered necessary before he
can take his seat on the bench.
Two names have been prominently men
toned in connection with the vacancy
Attorney General Moody and Judge Hor-
ace Lurton. Of Tennessee, senior judge
OF the Court OF Appeals fer the Sixth
circuit Mr.. Moody is soon TO retire from
the Department of Justice. to resume the
practice of law in Boston, but it is known
that he would not decline the offer of a
Supreme Court jusuiceship. It is known
also that the President would rather
appoint Mr. Moody to the Supreme Court
bench than any other man. There would,
however. be opposition to having two
Massachusetts men members of the Su-
preme Court. Justice Holmes being one Of
the present bench. and for that reason tho
President may determine not TO transfer
Mr.. Moody to the judiciary.
Objections 20 Judge LurtOn.
one objection TO the appointment of
already has two representatives on the
Supreme bench-Jusuce Harlan. OF Ken
tucky, and Day, Of Ohio. Another is
that be is siXty-four years of age, and as
ten years service Is necessary before re-
tirement, he would be seventy-four
years old before he could be eligible for
retirement.
It is declared that the opposition which
would probably develop to the appoint
ment of two Massachusetts men 10 the
Supreme bench does not extend so largely
10 appointments from Western States or
judicial districts, and thai Judge Luz
tons nomination might bc confirmed
without any serious opposition. His ap-
pointmcnt, however, which would make
three from the S.zth district might be
quite an obstacle 90 the ambition Of
Secretary Taft TO succeed Chief Justice
Fuller, in case the latter should decide
10 retire, as The filing of nearly hali
the bench from one judicial district and
two Of them from one State would hard
~ lnd favor with the Senators Mr
Taft viii not accept the Presidents offer
OF the associate judgeship- rendered last
spring, and for some time held open
awaiting his decision.
10y NeA--t'N fsfa tfbtiN 90 NsaSFGr
The vacancy viii probably cause the
postponemert of several important cases
assigned for argument to-day, or COM
ins mp before Consress meets. il being
desirable that they be passed upon by
full bench. one Of these is the contro-
Yersy between the States of Colorado
and Kansas over the use by the former
for irriS tion purposes of the waters Of
the Colorado River. On account Of the
Immense interests % fthe government IN
irrigation work It was granted the rights
OF an interviewer, and the Assistant Al
toTney General for the Interior Depart (
ment will take part in the arguments
10 the array OF counsel here represent /
iife fiot orlt' The two States and the gov
ernment. but also the numerous irrlgt- /
tion companies of Colorado. the court
has suggested the desirabiHty Of G.feUrirg
the hearings until the nench is filed. and
Decembe- l. being the earliest d1tc upon
which IL is safe - count upon action by
the Senate. the couTt to-day. when the
case Is called. viii probably hx that date
for arguments
One reason for disposins Of the matter
as soon IS possible is that the Attorney
General of Colorado and his assistants
Will 50 out of Office on January 7. and
after spending year in preparation
they desire TO complete the case.