The Birmingham age-herald., 1909-10-26
How the Late Justice Peck ham Mas Appointed By
 the President
FILL STOOD IN WAY IF
 MANY COMBINATIONS
Appointment of Peckham's Successor Makes Interesting Political Dis cussion--Lurton of Tennes-
 see Is Mentioned.

Washington. October 25-(Special 1.-The death of Justice Peckham recalls the stormy dayssof the Cleveland administra- tion leading up to his appointment.
 The President could hardly send a nom- ination to the Senate but what It was op- posed by some of the Senate democrats. In 1894 a vacancy arose and Cleveland sent the nomination of Hornblower of New York to the Senate. David B. Hill defeated the confirmation. Then Cleve- land sent in the names of Wheeler and Peckham of New York for the place and Hill defeated them. If that's the case" said Cleveland, 'I'n be d. If New York can have it." The President appointed Justice White of Louisiana, true to his word
 The next year., however, another va cancy arose and Cleveland appointed Rufus Peckham of New York, brother of the man whose confirmation was beaten the year before. He was con firmed
 Peckham proved an excellent jurist and has been extremely popular on the bench among his colleagues Several years ago Justice Harlan was talking politics with one of his friends. You democrats have right here on the bench a man who would make a strong candidate and a great President" said the justice.
 Whom do you mean?' was inquired.
 "Peckhars, 2 responded Justice Harlan
 The death of Justice Peckham leaves but three democrats on the supreme court bench Fuller, Brewer and White
 For that reason it is hoped that Judge President Taft for the Peckham vacancy. The appointment would go far toward maintaining the political non-partisian ship of the bench. Taft and Lurton served together and the President regards him as one of the greatest jurists in the country.
 Only Difficulty.
 The only difficulty standing in the way is political and also that Peckham comes from the Second circuit, while Lurton lives in the Sixth, presided over by Jus tice Harlan. This rule, however has frequently been ignored.
 The duty which President Taft has im- posed upon him in choosing a successor to Justice Peckham is of the most far reaching importance and comes at 8 time when the court is confronted with ques- tions of peculiar gravity.
 One of these questions is whether the interstate commerce commission can exer- else the rate-malSing power conferred on 1t by Congress or whether the exer- else of that power is unconstitutional. Growing out of the efforts of the govern ment to enforce the sherman antitrust law, there are also grave questions which are finding their way to the supreme court.
 For instance, the fate of the tobacco trust now rests with the supreme court. and the circuit court at St. Louis will soon decide whether the Standard Oil company is a monopoly in restraint of trade or an attempted monopoly, under the Sherman law. It will ultimately rest with the supreme court to determine this, and to say whether one of the worlds greatest corporations shall be allowed to exist or shall be crushed. Important cor poration problems aside from these, and labor questions of great moment must also be decided by the supreme court at no distant date.
 Tense Situation.
 If strict constructionist and an ultra conservative is named constituted as the court now is, 1t may be doubted whether the interstate commerce law will be upheld. If lawyer of more liberal views is put on the law may be sus- tained.
 This illustrates the importance of the question of what school of thought the new justice belongs The importance of the matter Is enhanced by the grave ill., ness of Justice Moody, who may not be able to return to the bench again, and who Is supposed to represent the pro- gressive or liberal school.
 It is expected President Taft. in view of the illness of Justice Moody, and the fact that the court is thus left by the death of Justice Peckham with seven members, will not delay appointing the