The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-11-22
R[DUK[D JUSTICE;
MAY GET PLACE
Joseph H. Choate May Secure
Place on Supreme
Bench.
is A GENERAL FAVORITE.
BOTH TAFT AND ROOSEVELT
HAVE DECIDED THAT FORMER
AMBASSADOR SHOULD HAVE
HIGH POSITION.
Special to Palladium.

Washington, Nov. 21.-Prominent
New York republicans who have been
in Washington lately are authority for
the story that there is a tacit agree
ment between President Roosevelt and
President-elect Taft that Joseph h.
Choate, former ambassador TO Great
on the United States supreme bench.
Britain, shall have the next vacancy
provided it is an associate justice and
not the chief justice who retires next.
The chief justiceship is said to be re-
served for another, but no inkling Is
to be had as to the identity OF the
man slated to succeed Chief Justice
Fuller
II one of the associate justices re-
tires before March 4 next. the nomina-
ton Of Mr.. Cboate will be sent to the
senate by President Roosevelt. II no
vacancy occurs until after Mr.. Taft is
inaugurated President, he is equally
convinced that Mr.. Choate is the prop
er man to appoint. Such, at least, Is
the story vouched for by the New
Workers.
Mr.. Choate is generally recognized
by lawyers as standing at the head OF
the American bar, and is conceded to
be one of the greatest living authors
ties on constitutional law. 1t is true
he is a corporation lawyer in the most
extreme sense. his practice being con-
fined almost entirely to the interests
of the huge corporations; but in the
view Of the president and president
elect, this does not necessarily unfit
him for office under the government.
Their reasoning is that successful prac-
tice for corporations Is evidence of a
mans great legal ability and that, his
other qualifications being up to the
standard, 1t is desirable that the gov
eminent retain his services. In this
day and age, they believe, 1T is poor
sort of lawyer who doesn'. have cor
poration practice.
Called on Chief Justice.
The possibility that Mr.. Choate will
90 to the supreme court recalls the fact
that he is the only lawyer who ever
was known to "call down" the chief
justice of the United States. Mr..
Choate was arguing case one day and
was being subjected to rather unmer-
ciful Quizzing by the court. The ven
earable judges, protected by that dig
nifty which hedges in the worlds most
august tribunal, have way of taking
young lawyers over the noJ sands of
legal lore, to the evident enjoyment OF
the court and the amusement of spec
tators. Mr.. Choate evidently thought
he was entitled to be treated as grad
uate from the cadet class and there
was note Of Impotence in some of
the answers he gave. Finally, Chief
Justice Fuller asked question that
was PARTICULARLY searching and not es-
pecially flattering to the advocate.
Mr.. Choate stopped his argument
carefully and deliberately laid his pa
pers on the table. and looked the chief
justice squarely in the eye. your
honor" he said, that question is i'm
pertinent
The solemn hush Of the court room
became more solemn and more hushed
The dropping of pin would have
crashed like a bomb explosion. Ev
eryone looked at the chief justice and
the chief Justice looked at Mr.. Choate
For fully half minute they stared in
to each others eyes unblinkingly
Then the chief justice slowly sanf
back in his chair and folded his arms
Council will proceed was all hi
said.
If It be true as reported, that tht
successor of Chief Justice Fuller al
ready has been selected, there is am
pie excuse for great deal of curiosi
ty as to his identity. 1t was reported
some time ago and widely credited
that Elihu Root was slated for The
Chief Justiceship. but now 1t is on tht
cards that Mr.. Root is to succeed
Thomas Collier Plat as the mex
senator from New York. OF course
there are great many able and bril-
liant lawyers well fitted to be Chic
Justice, but which one of them seem:
to Mr.. Taft, himself once an aspiran
for the honor, the best fitted of then
all?
1t is practically assured that the ap
pointment of Chief Justice will b.
left for Mr.. Taft to make. Chief Jus
tice Fuller is seventy-five years oil,
and eligible to retire at any time, blu
it is understood he prefers that Tai
rather than Roosevelt should have tn
naming of his successor and will no
relinquish his Office until after Marci
4th.
II is extremely probable that in az
dition to Chief Justice, Mr.. Taft dun
Ing the next four years will have oil
portunity to name at least three Asso
ciate Justices. Five of the eight As
sociate Justices are past sixty year
of age. Mr.. Justice Harlan being Z,
Mr.. Justice Brewer. II, Mr.. Justice
Holmes 81. Mr.. Justice McKenna s;
and Mr.. Justice White IS.
1t is admitted by friends of Attol
uey General Bonaparte that he woui
like a place on the Supreme bench
following in the footsteps of his pres
ecessor. William n. Moody, but it
not known what views are entertaine
by Mr.. Taft on this subject Az Nj
Taft was formerly United States eli
cult judge and has wide acquain
ance among members of the Feders
circuit bench. It would only be natu