The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-11-11
SUPREME COURT
JUDGE To SELECT
Taft Has First Chance to Name
Member of Highest Tribunal
in the Land.
BY Ernest G. Walker.
(Mail Special to The Advertiser.)


WASHINGTON, October 25.-Presi-
dent Taft has his first opportunity to
nominate a member of the Supreme
Govt by the death of Associate Justice
Rufus w. Peckham. 1t is the first
vacancy since the retirement of Justice
Brown in the spring of 1906. Because
of peculiar conditions the selection or
Justice Peek ham $ successor will be OF
unusual Importance IN determining the
character of judicial decisions.
The deceased jurist, one of the three
Cleveland appointees in the present
court and the last supreme court justice
that Cleveland selected, belonged TO
the conservative school. He was an
adherent of what has sometimes been
called ..capitahstic individuahsm, J"
between which and the more recent
idea of larger governmental regulation
the Supreme Court has divided five to
four in many cases. If the new justice
believes in the broader Interpretation
that approves of the rate law and other
restrictive enaetments of recent years,
there will easily be a clear majority
of the court for that contention. On
| the other hand if he be of the more
| conservative school, the narrow dlvl-
sion between the nine justices will
| continue.
| The death of Justice .Peckham at
| this time embarrasses the court IN It's
program of work. Justice Moody Is
| still seriously Ill at his home in Haver'
| hill, Mass, with acute rheumatism ana
| will not be able to resume his duties
before the beginning Of the year. inns
| leaves the court consisting of but seven
Judges. The possibility of an evenly
divided court is removed for the pres
emit. but there Is an aversion to decl
sions by but seven of the. nine mem
bers. According to the custom OBJ
served in such instances the vacancy
can not be filled till early December
when congress couvenes. The Pres1
| dent has the power to make reees
| appointment and the new justice, s.
named. could take his seat Immediately
But in judicial selections of that I'M
portance. it has become the praetle
that the nominee shall not take hi
seat till confirmed by the senate, a
that body shares the responsibility wit
= the President of making nomination
and must confirm judicial nomination
before justices are sworn IN for 1T
tenure.
Great pressure will be brought
hear upon the President in selectln
= the new lawgiver. He has alread
made it very clear, however, what n
! course is TO be in designating feder;
indpes. While he win welcome adylC
and suggestions from senators, repr
sentatives and others, he will not a
cent DoliticaI endorsements In oth'
words he intends to appoint Judg
without being subjected to poiItlc
Il appeals. n...,--ou
viii want TO furnish the new Justlc
n as neither of those states, rich al
RI nopulous beyond any others IN t
" nnion. have a member of the court
present. Justice Peckham was frc
: New York Justice Shiras, who retlr
in 1908. came from Pennsylvania,
. was succeeded by Justice Day, fro
Ohio. It is clear that New York a
PENNSYLVANIA will have strong ella
mon the place. If the President is al
v 10 find man of high attachments
/ either Of those commonwealths.
there has been considerable mention
Governor Charles E. Hughes for
supreme Court. his name will probai
be brought forward now. His emlnt
. ability as a lawyer, together with
nonnlarftv as public official, wol
make his nomination very accepta
fro,n popular standpoint. But, eN
= the President were willing
nominate Governor Hughes, 1t Wo
ro,,,ain to be determined whether u
arnor Hughes would be disposed to
s;ge, his unbernatorial office in the II
az If his second term. That fact
- If New York Republicans with WI
n Governor Hughes is unpopular pI
\ ahlv will be found shouting loudly
= his promotion TO the federal benei
Sreh nomination would be pleas
IA them politically. It would ellniI
The troublesome question as TO Whe'
Law Gavernor Hughes must run again I
1-ear # might also be pleasing
President Taft. especially II he Is
IA .13ra5 10 consider Governor Hnghe;
- nresidantial possibility in l9iz-
= +La President is to put New !
NON nnon the bench. he might en-
- Attornev-G General Wlekers nam W
~ LEGAL ability has already been aef
IL strated. Mckinley nominated ms
- +ornev,ceneral Joseph Mehenna'
th.a Sunreme Court; Roosevelt dld
TO r-;sa with Attorney-General Mo
R,,+ Mr. Wickersham Is in the n
. al important investigation. INTO INTO.
-. and legislative questions affecting
I'LL President administration. MF.
hill would be averse 70 parting with
oo' a. This stage because of these my a.
a. ana because of his reii
-. spon Mr.. wieksrs9am 80 DIR draft s.-, Sc
ON. a5 bills fer the cons
ton Of congress. Then the Pres