The Washington herald., 1909-10-26

With President Taft away, it seems
Idle 10 speculate as to his probable choice
OF a successor TO the late Justice Peck
ham. OF the United States Supreme Court.
There are circumstances, however. now
recalled. that doubtless will play part
in helping Mr Taft to make up his mind
in this most important matter.
Nearly all the men who are familiar
with Mr.. Taft's views on the subject of
judicial appointments are OF the opinion
that were It not for certain prevailing
conditions the Presidents selection would
be Judge Horace H. Lurton. of Ten
nessee. a Democrat, who is judge OF the
Sixth Federal Judicial Circuit
1t Is now related that when Justice
Brown retired from the Supreme bench.
in 1906. and President Roosevelt wanted
70 appoint Mr. Taft to the vacancy. the
latter followed up his declination by
recommending Judge Lurton- Mr.. Roose-
welt gave consideration 10 Judge Lurton's
qualifications which were OF the very
highest from a judicial standpoint. but
ended in the appointment Of William
Henry Moody, Of Massachusetts,. then
Attorney General OF the United States.
Two Reasons Mentioned
With this attitude Of Mr. Taft n
mind. observers here would be inclined
20 say ohfhand that Judge Lurton Will
succeed 10 the vacancy caused by Justice
I Peckham's death. were II not for two
4 deterrent reasons. In the first place,
( Judge Lurton is sixty-two years old.
which in itself Is regarded as a great
! drawback; and IN the second. his ap-
poiniment would give 10 the Supreme
/ Bench three justices from the same judi
cial circuit The others are Justices
( Harlan and Day.
I While geographical judicial lines have
I been disregarded on several occasions in
4 the appointment Of members OF the SC-
\ preme Court, IL IS the general opinion
( here that Nr. Taft would hardly emphs-
I size that disregard by taking a third man
Z for highest judicial hOnOrs from the dis
! trict already represented on the Supreme
/ Bench by two justices.
Another sidelight on the situation Is
I shed by a story which concerns Mr.. Taft
/ present Solicitor General OF the United
States.
1 Mr.. Bowers was at Yale when Ar. Taft
was there. but was two classes junior 10
Mr.. Taft. The fraternity 20 which Mr..
Taft belonged elected Mr.. Bowers to
membership. and # fell 10 Mr Tart 10
preside over the initiation ceremonies
| According to the story told here yester-
day, Mr.. Taft asked Mr.. Bowers a series
.T..yT4 ~H-r
. fitness Of Mr. Bowers for membership
in the fraternity. One OF the questions
was. What is your aim IN Ife?" And
Mr.. Bowers. SO the story runs. did not
( return the flippaut answer expected. but
responded seriously, My ambition is 20
/ be q member Of the Supreme Court oS
the United states Then" said Mr.
Taft. 'If / am ever in a position 20 do so.
I shall certainly help you TO attain that
/ ambition
story Made Much OF.
Some Of those who heard the story
are making much Of It. contending that
Mr. Taft is practically committed TO ap-
point Mr.. Bowers to succeed Justice
/ Peckham-that Is. II the story is true
Mr. Bowers was asked yesterday whether
the occurrence as related actually hap
pened He said that II Il ever had
happened he did not recall IT.
But outside OF this story and any pos
sible indication which # may give as
to Mr. Taft's intentions toward his So
Rcitor General. the fact remains that the
President has a high regard for Mr..
Bowers ability as a lawyer and 8 sin
cere admiration for him as man. Here
in Washington everybody IS saying that
Bowers mas made good. and that he IS
bound TO be q person Of consequence in
the Taft administration II he remains in
the government service.
Mr.. Bowers home is in the Seventh ju-
dicial circuit. which embraces Indiana,
Illinois. and Wisconsin His legal resi-
dence however. is Chicago. which is also
the residence of Chief Justice Fuller. who
presides over the Fourth judicial circuit.
/ embracing Maryland West Virginia, Vir-
ginia. North Carolina. and South Caro-
lima.
Nobody here Is willing 10 hazard so
much as guess as TO whom President
Taft viii ask TO take the Supreme
Court justiceship vacated by the death OF
| Justice Peckham If he shall determine
To contine his selection to the territory Of
I the judicial circuit over which Justice
| Peckham presided. Justice Peckham a
legal resident Of New York State, pre-
sided over the Second judicial circuit.
which embraces all the districts in the
States of New York. Connecticut. and
! Vermont.
That very strong effort win be made
TO Induce Bir. Taft 10 confine his seleo-
ton OF Justice Peckham's successor to
these three states is taken for granted
/ here. where the opinion prevails that
should Mr.. Taft be persuaded that this
/ IS the correct thing TO do his choice
would probably fall on a New York man.
not only for the reason that Justice
1 Peckham was a New Yorker but that
the field Of selection would be greater
than from Vermont and Connecticut com
I bined.
GOV. Hughes Named.
In this connection the name Of George
W. Wickersham. OF New York. the At
torney General of the United States. was
suggested yesterday. but 1t was merely a
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