Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-10-28
H|CHJUD|C|ARYPUzzLE
Supreme Court Succession Of.
ferS Problem to Taft.
OBJECTIONS TO ASPIRANTS
President Can Choose as He Will,
But Many Reasons Not To.
HIS AGE IS AGAINST LURTON
Then There Are Two Justices Now
From Same Circuit-Other Can
didates Face Obstacles.
OBJECTIONS TO ASPIRANTS
HIS AGE IS AGAINST LURTON

ne opinion prevails that President Tart
will have much difficulty i'm selecting a
successor to Associate Justice Peckham
upon the Supreme bench OF the United
States-not that there will be any scarcity
Of available material. but that so many
conditions will govern a choice-conditions
and circumstances that may embarrass
the executive.
This is the view of the situation at the
Department of Justice and among law
yers in Washington
1t is thoroughly we'll known that Presi-
dent Taft has a mighty warm spot in his
heart for Judge Horace II. Lurton of
tennessee, judge of the sixth circuit.
They sat together on the same bench
when Mr.. Taft was a circuit judge. They
Travelled together. worked together ana
came TO be comrades, although Judge
Lurton is considerably older than the
President
Lurton's Fitness Acknowledged.
To begin with, then, President Taft
Will have the natural desire to elevate
his old comrade to a high place. There
Is no question as to the fitness of Judge
Lurton. He is generally considered one
OF the ablest jurists of the country no
abler anywhere.
But the desire of the President to
name Judge Lurton will be met with
serious objections. Among the first Is
that Judge Lurton is from a circuit which
already has two justices of the Supreme
Comrt-Jusuces Day and Harlan
The vacancy now existing is from the
second Circuit, embracing New York Con-
necticut and Vermont. There are great
lawyers In this circuit, men universally
admitted to have no superiors i'm the
United States. Their friends Will, nat,
6al.l
them should be named
Ihree men from that circuit already
mentioned are Senator Elihu Root, George
w. Wiekersham, Attorney Generar of the
United States, and Gov. Charles r.
Hughes There are dozens of other big
men from New York alone, without taxi
ins into consideration Connecticut and
Vermont
| Objection will also be made to the
age of Judge Lurton. He is about sixty
Two years old, considerably over the
limit generally fixed by Presidents for
Judicial appointments.
President Free to Choose.
Ihere is nothing to compel the Presi-
dent to pick a second circuit man for
the supreme bench. He can choose a
man from any circuit if he desires Three
men from the sixth circuit would merely
call down lnefectual remonstrances from
lawyers in other parts of the country.
should the President be deferred from
seiectlns Judge Lurton he would hardly
turn 10 ex-Secretary Luke f. Wright. who
is from the same circuit and man
fulIy as old as Judge Lulton
EA-Secretary Wright was talked of for
the nrst vacancy after his retirement
h'.. from the position of Secretary of War.
but he frankly told friends he had no
notion he would be appointed and was not
expecting such an appointment
New Jersey, in the third judicial circuit.
mas strong candidate in ex-Gov. j.
Franklin Fort. He is personally well
like by President Taft, and there Is an
impression that he stands an excellent
chance of nomination
AT the same time there is talk of Secre
| tary Philander Knox who is also from
the third circuit, which consists of penn
syiFanla, New Jersey and Delaware Mr..
Knox is said to care little for the su
preme bench. He feels that ne is too
souns d man 10 give up privatae pra actice
OF MS profession for virtual retirement
His ambitions are for the presidency
Should he throw this ambition aside and
leave politics he would unauestionabIv
ma fortune awaiting him in private
practice.
Hoyt Is in the Running.
Henry NJ. Hoyt now solicitor of the
State Department. is also from tho tb;ra
circuit He is is an old-ti time personal
friend of the President, and could have
oeeh appointed three months ago as a
FEDERAL judge of that circuit. He do
| ctned TINS appointment. His quaiifica-
tions for the supreme bench are con-
ceded. Oo
Two men from the seventh judicial cir
cunt are discussed. They are LLOYD w.
Bowers. solicitor general of the Depart-
ment of Justice. and James S Harlan.
Interstate commerce commissioner son
OF Justice Harlan. The objections 10
mr.. harlan would be somewhat the same
as those to Judge I.urton-that there is
plenty OF material without going into one
FAMILY or one circuit for so many justices
of the court.
President Taft will pay little attention
to the politics of the man he will appoint
to the court. Justice Peckham
democrat, but that does not mean that
democrat will be put in mis- place. Demo-
Gratis on the Supreme Court have been
dwindling in number since the failure of
democrats to elect Presidents.
Judge Lurton, ex-Secretary Wright and
Secretary Dickinson of the War Depart
| ment. who is also from Tennessee and
talked of for the position, all demo-
Gratis Practically ali other candidates