Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-10-29
|MAY NAME DEMOCRAT
PRESIDENT TAFT BELIEVED 70
BE INCLINED TO APPOINT
SOUTHERN MAN TO BENCH.
Especial CORRESPONDENCE

Especial Correspondence.
Washington, Oct. 2S.-The start in
their fight for Horace H. Lurton, O:
Tennessee. to be supreme judge of the
United States has been made. Recent
publication of the widespread belief
that Judge Lurton will be the first man
whom President Taft will elevate to the
highest judicial position, has developed
some interesting historic facts about
the appointment of Tennessee men to
Office. The political astrologers de-
clare that the omens all favor Lurton.
1t is a fact not generally known that
few presidents have regarded the SUI
preme court as far non partisan ody as
to appoint judges from the opposition
political party. Most of tile appoint
nents have been from the ranks of the
party in power.
President Tyler, a WING, named a
tennessee man, John Catron, to The
supreme bench Catron being a DEM
ocrat Benjamin Harrison, republican
mad a theory that the supreme bench
should be a five-to-four po6v, as be-
tween the two great political parties
and in line of this theory he named "a
the supreme bench another Tennessee
man, Howell E. Jackson. Jackson was
democrat but he was close friend
of Harrison. as Catron in his time had
peen TO Tyler. These are declared &c
be the only cases in which presidents
nave named men of the opposition
party to the supreme bench In each
case. Tennessee furnished the lucky
men.
But this is not ALL When Rutherford
Is. Hayes determined to break the uni
form rule which had guided presidents
to that time in making up their cabi-
nets. by picking one man from the op-
posite party. he went to Tennessee
and picked David NJ Key to be his
postmaster general
Cases of cabinet officers selected
from the opposition party are yer,
rare. But Cleveland made a republi
can. Walter @. Gresham, of Indiana
secretary of state, Gresham hayins
previously been member of the Ar
thur cabinet. The next non partisan
cabinet selection was by Roosevelt
| who went down to Tennessee ant
| named Luke E. Wright, democrat
and made him secretary Of war.
Following closely the Roosevelt pol
icies, President Taft also found a sec.
rotary Of war in Tennessee and na7net
Jacob NJ. Dickinson, democrat, fo
! the post
| IT appears, then. that all the non
partisan supreme justices and cabine
officers, save only Gresham, have com,
from Tennessee. Hence the confidenc,
of TennesSeans that their state will pro
vide judge Of the supreme bench i,
Judge Lurton, now of the circuit court
| In nothing else he has done or i!
likely to do, will President Tafts &C.
ton be scrutinized and criticized will
more jealous care than in his selec
ton OF successor to Justice Peckhan
of the supreme court. This is becaus,
Iof the unusual questions the suprem,
lceurt will have to decide in the nea
future. More than ever before is
recognized that the supreme court Il
the real seat OF government In tn,
United States, and that the grea
questions now pending vii! all hav
Ito go there yo- sra, adjustment,
o.e % these grave questions !.
rhar of the power Of the interstat
commerce commission to make rates
Has congress conferred that powe
upon the commission, and If not. cal
it confer 1t? Again. the tobacco trus
is now before the court to learn wheth
1,, 80 IT,, M a.
fate is interviewer that of every othe
combination of like nature The circui
court at ST. Louis will soon pass alon
to the supreme court the Standar
Oil case. and the decision it make
will let the country know whether thi
Econcern is the monopoly in restrain
of trade and subject to dissolution un
der the laws of the country. Othe
questions of almost equal importanc
j are also pending. and all may han
) upon the man whom Mr.. Taft select
to take Justice Peckhams seat.
If a strict constructionist and con
servative be chosen, these cases ma
take one turn. while the appointmer
of a progressive may throw them i
quite another direction.
The anxiety of many in regard to ii
matter is enhanced by the illness {
Justice Moody, who is regarded as
progressive tho not a radical. If h
illness keeps him off the bench, the i'm
portance of the appointment in succe.
sion to Peckham will be materially Ell
HANGED.
, President Taft will take into accou.
, four points in selecting Peckham's SUI
, cessor:
First, shall the new justice be a r
publican or a democrat; second, as
above suggested. shall he belong to Il
so-called progressive school of const
tuticnal lawyers, OF to the conserv;
Z tive; third, from what section OF Il
l union shall he come, and fourth, no
old shall he be.
While the last consideration may n
be as important as those which. pr