Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1908-11-21
MR.. CHOATE FOR
SUPREME BENCH
VIII se Given the Next Vacancy that
Occurs Provided Same Is An As
ISOLATE Justice.

eSsitih6tVAs NOV. 1a~~fromtnent
New York republicans who have been
in Washington lately are authority
for the story that there is tacit
agreement between President Roose-
welt and President-elect Taft that
Joseph a. Coate, former ambassador
to Great Britain, shah have the next
vacancy on the United States supreme
bench, provided k Is an associate
justice and not the chief Justice who
retires next. The chief justiceship is
said 70 be reserved for another. but
no inkling is to be had as TO the itlen.
tity Of the man slatedto succeed Chief
Justice Fuller.
II one Of the associate justices re.
tires before March next, the noini.
nation Of Mr.. Choate viii be sent TO
the senate by President Roosevelt. II
no vacancy occurs until after Mr.. Taft
is inaugurated President. he is equal
lily convinced that MIR. Choate is the
PiVpNi -n1h w apFViht- SutHs ~
lenst, is the s,tory vonched 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 auth
critics on constitutional law. 1t is
true he is a corporation lawyer in
the most extreme sense, his practice
being confined almost entirely to the
interests OF the huge corporations;
In the view of the President and the
President-elect this does not neces
sarily unfit him for Office under the
government Their reasoning Is that
successful practice for corporations
Is evidence OF a mans grest lega
ability and that, his other qualifica
tdons being up to the standard. II II
, desirable that the government retain
) his services In this day and age
/ they believe, 1t Is poor sort of |
, lawyer who doesn't have corporation
practice.
: The possibility that Mr.. Choate vii
(, go to the supreme court recalls tn
/ fact that he Is the only lawyer VIII
. ever was known to "call down" tn
3 chief Justice OF the United States. Nj
j. Choate was argnine case one da
/ and wau being subjected to a rathe
S unmeriful quizzing by the court tn
venerable judges. protected by thu
dignity which hedges In the world
t most august tribunal, have way
v taking young lawyers over the b.
+ sands of legal lore. to the evetdei
/ enjoyment of the court and the amus
J, ment OF spectators Mr.. Choate "
. identity thought he was entitled to /
il treated as graduate from the cad'
e class and there was note Of imp,
e thence in some Of the answers he CAV
i Finally, Chief Justice Fuller asked
j. question that was particularly searcl
ing and not especially flattering I
the advocate.
!. Mr.. Choate stopped his argumen
!, carefully and deliberately laid his pi
\ pers on the thble, and looked tn
! chief justice squarely in the eys
: Your honor he said, that questIo
! is impertinens."
: The solemn hush OF the court roor
:. became more solemn and more hush
! ed. The dropping OF a pin would hay
cresfed like a bomb explosion. Every
= one looked at the chief justice an.
the chief Justice looked at Mr. Choate
:. For fully half a minlte they stare,
, into each others eyes unbMnkingly
a Then the chief Justice slowly sam
back in hie chair and folded his arms
Counsel will proceed was all HI
said.
III it be true. as reported, that tn,
successor Of Chief Justice Fuller al
ready has been selected, there is am
pie excuse for great deal OF curiosity
as TO his identity. II was reported
some time ago and widely credited
that Elihu Root was slated for the
chief justiceship. but now 1t is on the
cards that Mr. Root is to succeed
Thomas Collier Platt as the next sen
atOr from New York or course there
are great many able and brilliant
lawyers well fitted to be chief justice,
but which one of them seems to Mr..
Taft, himself once an aspirant for the
honor, the best fitted OF them all?
1t Is practically assured that the APP
poindment of chief justice will be
left for Mr.. Taft to make. Chief JUS