The Washington herald., 1908-07-28
An nnfair Ouestinn-

] Inc recent relations between the Eresl-
dent Of the United States and the su-
/ preme Court bench lend a peculiar sig
nihcanoe 20 a question which has been
hurled at Mr.. Bryan by the Charleston
News and Courier and reiterated by the
New York Times. The question was:
IN the selection and appoiutneut Of United
States isdses for the SUPREME circuit or district
bslches. wocld you be ccnrroIled By poliricsl OF
faetiouai CONSIDERATIONS or rsaTd these ooss re-
wards tor aszis-aroe given you and the party you
represent ia the Presidential eiuctions-
That is what The Charleston newspaper
demands an answer to. and the New York
Times. severe IN its chastsement, de-
clares II AIr. Bryan cannot. or viii not.
answer II with a negative that admits OF
no qualification. he IS not NJ 70 be the
President OF the United States"
The Springfield Republican adds TO the
difficulties Of the situation thus created
by wondering what answer Mr. Tan
would return TO the same question
In theory. We are all agreed that the
good government Of our country demands
that Federal judges should be appointed
TO their high positions solely upon their
merit. and that the highest ideal would
not take into account the question OF their
political faith Unfortunately, We have
not yet arrived at that state OF political
perfection in which. some day. We may
hope 10 see our ideals realized If the
failure 70 answer the question Of the
C@arleston News AID Courier IN the
negative shows a man unit 20 be Presi-
dent, then we must argue that Mr.. Roose-
velt. Mr. Mckinley. 8Ir. Cleveland. and
others. who served before these. were not
IL 10 have been President. The Spring
field Republican cites the appointInent Of
Mr.. NcKenna by President Mckinley
when McKenna was an active Congress
sional Republican politician: It recalls the
imperialistic activities and Republican
politics OF Mr.. Justice Day. appointed by
President Roosevelt; II wonders whether
il were merely chance that Mr.. Roose-
velts two other appointees TO the Su-
preme bench were active Republican
politicians; Il remembers that Justice
Harlan was aa active Republican poll
ticIan OF Kentucky when President Hayes
appointed him. and it points out that
Chief Justice Fuller did not tower above
the country IS lawyer when President
Cleveland appointed him
Undoubtedly the list Of Presidential ap-
poIatmenJs 20 the Federal bench could be
much more deeply analyzed. with the re
suit Of showing that no President has
stood squarely upon TIE proposition now
demanded from M Bryan There have
been few OF no scandals about appoint
me1ts 10 the FEDERAL bench. for the most
part the men appointed have been able.
capable, and above reproach. but some
thing besides mere fitness for the Office
has. IN most cases. entered into the ap-
pointnenL To attempt 20 hold either
candidate 10 a higher standard IN This
regard merely for the sake OF coming
political capital out OF the practical i'm
possibility Of complying with that stand
ard IS u.auifestiy unfair. Il IS so OBJ
viousIy unfair. indeed. that right-think!ng
men Of both parties VIII be likely 10 con
dem1 Al attempt 70 create q campaign
issue out OF such material.