Omaha daily bee., 1909-11-09
Empire State Bar Desires Representa-
tive in Vacancy Caused by
Death of Peckham.
ROOT AND JUDGE COKE NAMED
Vice President Sherman Backing
Appointment of Latter.
JUDGE LURTON ADMIRED BY TAFT
Attorneys Urge His Advanced Age
Against Appointment.
MANY Federal PLACES EMPTY
Terms of Fifteen District Attorneys
and sixteen United states Mar
shaIs VIII Expire in
December,
ice President Sherman Backing
Appointment of Latter.
JDGE LURToN ADMIRED BY TAFT
MANY FEDERAL PLACES EMPTY
tFrom a staff Correspondent.l }

WASHINGTON, Nov s.-(Special.)-It
seems now we'll settled that President Taft
will defer filling the vacancy in the United
States supreme court left by the death of
Justice Peckham, until congress meets in
December when the senate will be in ses-
sion, so the nomination may be promptly
confirmed.
While there may be no unseemly scramble
for the high place, it is not unlikely that
with the gothering of senators and repre-
sentatlves, there will be considerable wire
pulling to influence the appointment Indi-
cations are growing that a great effort
will be made to land the credit Of the ap-
pointment to the New York bar, which is
in the vacated Third circuit.
SO far, the only three lawyers discussed
for the place are Senator Elihu Root Judge
Alton B. Parker, formerly of the New
York court of appeals and Alfred e. Coke,
now a circuit Judge. OF the three, Coke
appears to have the most active backing,
one of his most energetic supporters being
Vice President Sherman. The New York
contingent will insist that Judge Horace
Fl. Lurton, circuit judge in the Sixth cir
cult, because of his comparatively ad-
vanced age of s5 years, should not be APP
who profess to be we'll Informed, say that
President Tafts admiration for the Ten
nessee jurist is too greet to permit a few
years to deter him from choosing his
favorite.
Judge Lurton, to be as old as Justice
Harlan. would have eleven years to serve
should he be promoted to the supreme
bench, and Justice Harlan looks good for
tice Fuller are the only members of the
court over 10 years of age, each being
past 76
The latest intelligence from Justice
Moody, who has been disabled by rheuma-
tism since May l. is encouraging. but his
friends believe it Will be many months be-
fore he can resume his Iabors on the
bench.
Numerous Appointments Ahead.
In addition to finding a fit jurst for
the supreme court, President Taft will
have his hands full Of appointments for
the Department of Justice in the different
states, beginnivs with December. In that
month the terms Of fifteen United States
district attorneys will expire along with
the close of the terms of sixteen United
States marshals Next January the terms
of eight district attorneys and seven mar
shals will expire.
1t is confidently believed by those in
formed Of President Tafcs concern in this
interest that he will use his best endeavor
at every opportunity to strengthen the fed
eral judiciary making such appointments
as will command the appreciation not only
but of the people of the community in
terested
or the twenty-nine circuit judges on the
bench, President Taft has appointed two.
Twelve were appointed by roosevelt, five
by Mckinley five by Harrison. 3 by Cleve-
land and two by Arthur. OF the eighty
seven district judges President Taft has
appointed eight President Roosevelt ap-
pointed forty-five; ten were appointed by
/ Mckinley, fourteen by Cleveland, two by
Arthur, one by Hayes ana one by Grant.
| Pardee Oldest Circus Judge.
! The circuit judge oldest both in age and
length of service is Don A. Pardee, of the
| fifth circuit, who is seventy-two years old
and was appointed by President Arthur
May 13, 1881 Other circuit judges who have
served as such more than twenty years
are lie Baron b. Colt, OF the first cir
cult, slxty-three years old, appointed by
President Arthur July {, 1884, Edward H.
Z l1dCOIlD6 OF lnG lulIu Circuit slAly-JuTee
y ears old, appointed by President Cleveland
May %. 1887,
Judge H. Ludton Of the sixth circuit
sixty-five years old, was appointed by Pres
ident Cleveland March q, 1893, serving from
that time to March 1900, with William How
ard Taft, who had been appointed to the
circuit bench by President Harrison in
March, 1892
The oldest OF the district Judges is James
w. Locke, appointed by President Grant
Judge of the southern district of Florida
If he lives until February l. next he will
be seventy-three years OF age and ySil
have served forty years, having been ap-
pointed February 1, 1872.
The next oldest district judge is Thomas
j. Morris district judge sor Maryland
seventy-two years old, appointed by Presl-
dent Hayes July /, 1879.
Other district judges who have served
more than twenty years are; Emory Speer
of the southern district Of Georgia, sixty
one years OF age, appointed by President
Arthur, February Is, 1885; John f. Phillips
OF the western district OF Mlsso.iri seventy.
five years Of age, appointed by President
Cleveland June 25. 1885, and Thomas l.
Maxey, Of the western district OF Texas
lappolnted by President Cleveland June a
llSSS