New-York tribune., 1909-10-29
HIGH POSTS TO FILL
PRESIDENT IGNORING
PARTISAN LINES.
Lurton Thought Likely to Sue
ceed Peckham Smith for
Customs Court.
LErom The Tribune Bureau. !


Washington. oct 2S.-Of the numer-
Gus jurists mentioned as possible sue
cessors to Justice Peckham, Judge
Horace H Lurton, of the 9th Judicial
Circuit is regarded by those close to the
President as most likely TO be chosen.
Judge LurtOn is a resident of Nashville.
Tenn. and a Democrat. The President
has indicated that he would not be con-
trolled by partisan considerations in his
appointments to the judiciary, and in:
some quarters his position has been mis-
understood. 1t has been enormously as
sumed that Mr.. Taft purposed- to make
judicial appointments according to some
sort of bipartisan system. whereas the
fact is that it is his purpose to make his
selections absolutely without. regard to
political associations or affiliations.
Nothing has been heard from the
President, and there has been no express
sion of opinion from the Attorney Cen
eral or any other member of the Cabinet
on which TO base the prediction that
Judge Lurton will be chosen, but Mr..
Taft holds the legal ability Of the Ten
nessee jurist in the highest possible esti-
nation, and those who are aware of this
and are familiar with the policy he has
laid down for himself with regard to
judicial appointments argue that unless
some other jurist of equally eminent at
tainments can be found Judge Lurton
will be promoted.
There has been some suggestion that
Judge James F. Smith, Governor Gen
eral of the Philippines, might be chosen
as Justice Peckham's successor. but it is
far more probable that he will be ap-.
pointed member of the Customs Court
created by the Payne tariff bill. AS was
told long ago in these dispatches, Gov
ernor Smith will not return to the Philip
pines, but will be succeeded, presumably
at the end of his leave of absence which
terminates on November II, by W. Cam
eron Forbes, now Vice-Governor Cen
eral. Had the President pursued his
original policy of appointing the Gus
toms Court at the close OF the last ses-
sion, despite the fact that there was a
discrepancy between the salaries stipu-
lated in the organic act and the appro-
priation therefor, he would doubtless
have nominated Judge Smith then. On
the advice of the Attorney General, how
ever, the President decided temporarily
to defer the appointment of the judges
of the new court. and so the Governor
of the Philippines was permitted to en-
joy his well earned leave while Mr..
Forbes performed the duties of Governor
General.
There are large number OF important
places to be filed which will doubtless
command the attention of the President.
as soon as he returns to Washington.
the middle OF next month. tits prob.
able however, that few appointments
Will actually be made until Congress
meets, as it is the view of the, present
administration that the power delegated
to the, President to make appointments
, in a recess Of Congress should be exer-
cised only where the interests Of the
government must otherwise suffer. Mr..
Taft, therefore, will defer filling vacan-
cies where the appointees must be con-
firmed by the Senate until the Senate is
in session, except in such instances as
were obviously contemplated by those
who framed the provision for recess ap-
pointments.'