Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-10-25

by Clinedinst.)
is sorely felt. There is genuine mourn
| ing among those with whom the late
| Jur:st had served SO long. and this eX-
| tends to the employees of the Supreme
| Court.
Probable Successor Discussed.
| None of the government officials now
IN the city would discuss the question of
the probable successor to Justice Peck
ham, all declaring that 1t would be q
violation of the propreties. 1t is gen
orally known, however. that several
! names have heretofore been prominently
mentioned for the Supreme bench as soon
as vacancy should occur, and it is be-
'ieved that the President has given the
/ matter some thought.
Among those who are likely to be con-
sldered for the important vacancy is
Gov. Fort of New Jersey. personal
! friend of the President. who holds his
abilities as jurist in high esteem. Gov
Fort was formerly on the supreme bench
| OF his state
| The names of Frederick N. Judson of
st. Louis, former Secretary of War Luke
r.. Wright. the present Secretary J. NJ
Dickinson; Henry NJ. Hoyt. counselor
Tor the State Department. and solicitor
general in the Roosevelt administration,
! and Solicitor General Bowers have been
also prominently mentioned
Mr. Judson is known to command the
respect and firm friendship of President
/ Taft He was appointed by President
Roosevelt to investigate the question of
| rebates on the Atchson. Topeka and
| Santa Fe railroad, in company with the
present Governor of Ohio. Judson Har-
| mon. The finding and recommendation
of the two Investigators did not meet
with the complete approval Of President
Roosevelt and the two men resigned
Defended Taft Decision.
! Shortly before the opening of the cam
paign last year. Mr. Judson wrote
magazine article explaining and applaud
ing Mr.. Taft's decision in labor cases
during the time the President was on the
bench. Although a democrat. Mr.. judi
son gave Mr.. Taft all credit for the de-
| cisions, which he maintained were models
of lucidity. and established a clear line
| of judicial procedure to be followed in
disputes between labor and capital. The
| article later was used republican
| campaign document.
| The names Of Counselor Hoyt. former
| Secretary Wright. Secretary Dickinson
/ and Solicitor General Bowers have been
| suggested whenever the report has arisen
| concerning the probable retirement of GER
| tain of the justices who are entitled to
| honorable withdrawal from active duty.
! Three of the men owe their entrance into
public life to President Taft, Whine he has
| frequently voiced his admiration Of Mr..
| Hoyt's legal acumen.
| Although there is no rule to govern the
appointment, the vacancy on the bench
by precedent will likely go to a demo-
crat. In this event, Fort, Hoyt and Bow
| ers would be eliminated. No action in
the matter will be taken, however. until
| after Mr.. Taft's return from his tour
| through the country.
Distinctive Place in Court.
Justice Peckham's ability as jurist
and the fact that he gave his time ex-
clusively to the duties of the court gave
him distinctive place among the menu
! berS Of the court. He accepted no out
side appointments and undertook no work
not connected directly with the tribunal
Unlike others Of the justices. lie took no
part in public functions and went into
society but little.
! His name came to the front as a presi-
Dental possibility when the opponents OF
Mr.. Bryans nomination We're trying to
| find some one on whom they might unite
at Denver last year to overcome the Ne
! braska candidate. 1t was said In his favor
| at that time that If his fellow just ices
were polled he would he their choice for
the presidency above all candidates.
| Almost from his accession to the Su-
4 p!tiic NouIl ne lidu DeeI1 TegdTQc0 as the
most outspoken member of that body
| There were few questions of importance
before the people on which he failed to
express himself to his intimates with the
| utmost freedom and s.tiveness. The
/ other justices often referred to him iok-
ingly among themselves as the Teddy
of the court
| Some Notable Decisions.
Some of his decisions commanded ma
/
against the Transmissouri Freight AS
ISOLATION that d combination among rail-
roads to fix rates was in violation of the
| federal statutes against trusts and mo-
nopolies That decision has since passed
as common law, but it took q long time
| to reach it.
Another antitrust decision was written
| by him III the famous case against the
Addystone Pipe and Steel Company, IN
| which he declared that an az. cement
among certain manufacturers and dealers
| that there should be no connection
| among them iii certain territory was q
| contract In violation of the anti-t ust act
! On the other hand, he held in the Kan
sas City stock yards case that members
or stock exchange in single city who
hdd agreements among themselves as to
buying and selling stock were not within
| the purview of the act.
He wrote also the opinion that resulted
In giving New York city eighty-cent gas
Born Of Noted New York FAMILY.
! At the time of the insurance exposures
| in New York in 1905 Justice Peckha,n
resigned from the board Of trustees OF
the Mutual Life. after expressing indg-
nation that the funds Of the company
! had been used to influence legislation and
as campaign contributions. These things
| had been done, he declared, without the
! slightest knowledge Of the trustees as
! board.
| Justice Peckham came of j noted New
York family, his father having been
! member of Congress, a supreme court
| justice and then justice of the state
/ court of appeals. The son became dis
! trict attorney OF Albany county in 1858,
! corporation counsel of Albany in 1850,
| justice of the state supreme court In
! 1855. associate justice of the state court
| of appeals in 1886, and in 1895 was ap-
! pointed to the Supreme Court He was