The Washington times., 1909-10-25
Tennessee Judge Seems the
Favorite for Appointment
To Supreme Court.
SOLICITOR GENERAL,
CHICAGO'S CHOICE
Secretary Dickinson Also Said to
Be in the Race-To Be
Filled Soon.
By JOHN sNURE.

Circuit Judge Horace H. Lurton,
of Nashville, Tenn, now presiding
over the Sixth Federal Judicial cir
cult, which includes the districts of
Ohio, Kentucky, Tennessee, and
Michigan, and Lloyd w. Bowers, of
Chicago, at present the Solicitor
General of the Department of JUS
tice, are the most prominent candi-
dates to fill the vacancy on the SUI
preme Bench, caused by the death
+ of Associate Justice RUFUS w.
Peckham, at his home near Albany
last night, and in the opinion of
many Administration officials,
Judge Lurton has the preference for
the place
Secretary of War Dickinson is
another possible appointee whose
chances are looked on in some
quarters here as excellent Among
well-informed attorneys in the De-
partment of Justice, the belief is
that Judge Dickinson will get the
appointment. Not only is President
Taft a warm friend of Judge Dickin-
son, but be has the highest ad-
miration for him as a lawyer. Presi-
dent Taft is familiar with the sery-
ices of Judge Dickinson as a rail-
road attorney. and he is also cogni-
zant of the fact that when he was
attorney for the Alaskan boundary
commission he established his repu-
tation as one of the most capable
lawyers in the country
Qeustion Before Court.
The duty which President Taft has
imposed upon him in choosing a sue
cessor to Justice Peckham is OF the
most far-reaching Importance. and
comes at a time when the court is con
fronted with questions OF peculiar
gravity.
one Of these questions Is whether the
Interstate Commerce Commission can
exercise the rate-making power CON
ferred on it by Congress or whether the
exercise of that power is unconstitu-
tionaL Growing out of the Efforts Of the
Government to enforce the Sherman
antitrust law. there are also grave
questions which are finding their way
to the Supreme Court
Tho Tobarco Trusf
For instance, the fate OF the To-
bacco trust now rests with the Su-
preme Court, and the circuit court at
St Louis viii soon decide whether
the Standard oil Company is a mon
opoIy in restraint of trade or an at
tempted monopoly ander the Sherman
law. It viii ultimately rest with the
Supreme Court TO determine this and
to say whether one of the worlds
greatest corporations shall be allow
ed to exist or shall be crushed. I'm
portant corporation problems aside
from these, and labor questions of
great moment must also be decided BY
the Supreme Court at no distant date.
It is therefore OF the most vital
concern TO the bar and to the public
what sort of a man President Taft
puts on the bench 70 succeed Justice
Peckham. II a strict constructionist
and an conservative is named.
constituted as the court now is. it
may be doubted whether the inter
state commerce law viii be upheld.
II a lawyer of more liberal views is
put on. the law may be sustained.
This illustrates the Importance of the
question of what school of thought
the new justice belongs to. The i'm
portance OF the matter is enhanced
by the grave Illness Of Justice
Moody. who may not be able to re-
turn to the bench again. and who is
supposed 10 represent the progressive
or liberal school.
Early Appointment.
It is expected President TAFT, in view
OF the illness of Justice Moody, and tie
fact that the ssurt is thus left by the
death Of Justice Peekham with seven
members. VIII not delay appointing the
new justice. Many names are being
mentioned as possibilities.
/ Circdlt Judge LurtOn is looked on 10y
many as the logical successor HIS
name has been repeatedly discussed for
years in connection with an appoint
ment to the Supreme Court Judge
I.urton and President Taft are intimate
/ ly acquainted and have long known
each others.
( Solicitor General Bowers is a lawyer
/ of ability, ana vas general c0unsei OF
the Northwestern road before he was