Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-12-07
Unable to Reconcile the Conflicting
Claims of Partisan Senators.
DETERMINES ON NEW STAND
Announced That Circuit Justices
Who Passed ON Standard Oil Cases
Will Be Considered.

non-partisan basis.
The insurgent republican senator's have
virtually served notice that they will
oppose the confirmation Of any man or
set of men whose political leanings, Judi
cial decisions while on the bench. or cor
poration connections as attorneys are
such as to be unsatisfactory to this ele-
ment Of the party.
The democrats of the Senate, through
Senator Bailey, have served notice that
they will fight the confirmation Of the
nominations II democrat Is not named
to one Of the vacancies.
Senators OF the regular wing OF the
party are beginning to complain that II
the insurgents are to dominate the nom
nations to the Supreme Court or the
Court Of Commerce they will get into the
game by holding up nominations.
President Changes Mind.
Under these circumstances the Pres
ident has changed his mind In several in
stances.
The authoritative statement was made
today that the President has now deter
mined that he will consider for the Su-
preme Court the names Of some OF the
circuit judges OF the eighth circuit, who
passed upon the Standard OIL case. 6ev.
eral months ago he told Senator Curtis
of Kansas and others that he did not
think 1t would be appropriate to nominate
as justice Of the Supreme Court man
who had passed upon any one OF the Dig
cases pending in the Supreme Court. and
who would go upon that bench with his
mind already determined.
/ The Kansas delegation in Congress,
badly split into factions, had unanim0us.
ly indorsed Judge William z. Hook OF
Court at the time Of the death OF JUS
tice Brewer. The President decided upon
the nomination of Gov. Hughes to I'LL
this vacancy. at the time concluuinS
that it would be inadvisable to name one
Of the circuit judges who had oecloeo
JIpon the death of Chief Justice Fuller
and the retirement from the court 0l
Justice Moody the Kansas deiega2og
prok. The President. however. 1t was
stated. today, repeated his former declars.
ton against any Of the eignlh; cfcu!t
Judges Senator Curtis thereupon IN
dorsed Judge Pollock OF the federal ois.
trfct court OF Kansas and number ol
the other Kansas representatives followed
suit. Senator Bristow. ipsureent, ana
the representatives allied with him held
off from Judge Pollock. protesting ms
nomination, and declared that Judee
Hook should be named. in spite OF his
decisions as a circuit court judge.
The Presidents announcement no"
that he will open his list OF .eiis1oles 10
the Judges of that circuit gives q new
phase to the contest ana one wnlcE II - -
stated. is likely to stir the resulars OF
the Senate more than anything else.
The four circuit judges Of the eighth
circuit are Walter H: Sanhorn. OF st:
Paul. Mimi: Willis Van Devanter % OF o.
Gheyenne Wyoi s0d Emer M,..aaR b Adams % Of st.
| Louis. The three first named have been
urged for the Supreme Court. Judge
Sanborn was here last week, was the
personal guest Of the President at the
White House and discussed the nomlna-
| tions with the President.
He is an able man. but his age Is
against him. 1t is not likely that he will
be appointed. Judges Van Devanter and
Hook are the other two to be considered:
with the Kansas men back Of Hook and
Senator Bristow making hot fight for
him. Judge Van Devanter has strong
backing and may be the man finally Sc
lected The Kansas men claim that they
ought to have the place because the late
Justice Brewer of the Supreme Court was
from their state.
The Democratic Position.
The position OF the democrats is that
while they have faith in the good inten-
tions of the President to select only able,
non-part,san men for the bench. he can
find impartial men Of this class among
the democrats and that there should be
maintained the time-honored division Of
at least one-third of the court OF one
party. They want three members Of the
court.
Chief Justice Fuller was a democrat,
appointed by President Cleveland. When
he was living there were three demo-
Gratis on the Supreme bench-Fuller.
White and Lurton. 1t was in recognition
Of the fair division of the court that the
int Tue ,trtN a
Tennessean. There are now only two
democrats on the bench-White and Lur-
ton There are nine members Of the
bench, including the Chief Justice. II a
seven republicans and two democrats.
The President Is said to concede the
fairness OF the request of the democrats.
and it IS almost sure that one Of the va
cancies will be flled by man from the
south
1t is the insurgents who are picking to
pieces the records of nearly every man
whose name is before the President. 1t
is declared that thy will not be satisfied
unless one Of the men named has lean
inRs suitable to them.
Insurgents openly assert that all their
efforts toward progress with their pol!-
cies will have been lost II the Supreme
Court becomes filled with men OF pro-
this they will make light In the Senate
and leave the question to the people.
They assert that the people are watching
the courts now as never before, and are
insistent upon men of the right view be-
ing selected.
Confronted with a practical demand
that he name for the court men unfavor-
able to the corporations and presumably
favorable to radical policies and radical
Interpretation of existing laws, the Presi-
dent has the most unpleasant duty to
perform he has known in months.
Almost the same situation applies to
the new Court of Commerce as to the
Supreme Court. The democrats are ask
ing their share Of these positions. while
the radical senators want the court made
up of men not supposed to have hirted
with the railroads In the past. .
Southern men are presenting many cam
didates for the Supreme Court The
Texas delegation has several names to
bring forward and will present them In a
few days Among these are Judge Maxcy
of the state courts. and former Repre-
sentative Russell. who IL now federal
judge.
only man satisfactory to all elements for
chief justice. The democrats. the insur-
gents, the regulars are all for him. His
PROMOTION TO chief Justice will make two
r,,iva tioysa far iuGffceD.