Omaha daily bee., 1910-03-30
Kansas Delegation is Divided Over
Choice Of Man.
sANBORN AND vANDEvAErER
These Jurists Prominently Mentioned
Together with Eastern Men.
OF BIG CASES
Three Leading Trials May be Long
DclRyed--,Jurtice's Brewers
Funeral at Leavenworth
Saturday.
NFrom a 500 Corresnondent. !

Telegram Even though the body OF the
late associate Justice Of the supreme
court. David J. Brewer, Is still without
confinement In the earth. there IS specu-
lation here as TO his successor. Justice
Brewers death makes It necessary for a
rehearing of tho corporation tax acse, tho
Standard OH ard the Tobacco trust cases.
But eight justices sat when these cases
were argued, the absence Of Justice
Moody, who is incapacitated on account
of rheumatism making his appearance on
the bench and participating in the deci-
sion impossible.
With the death Of Justice Brewer comes
the question, win his successor be Sc
lected from the Eighth judicial circuit,
composed OF the states Of Minnesota,
Iowa. Missouri, Arkansas. Nebraska Col
orado, Kansas. North Dakota South Da-
kota, Oklahoma Wyoming, Utah and the
territory of New Mexico7
Twenty years ago on January David
]. Brewer was appointed a member OF the.
supreme bench from Kansas The Kansas
delegation is unhRppily divided over
successor 10 him, although William c.
Hood of Leavenworth. Kan. a very dis
tinguished lawyer. IS one of the circuit
judges Of the Eighth judicial circuit
Minnesota Presents sanbOrn.
Minnesota viii probably present Judge
Walter II. sanborn, who is the senior
Judge on that circuit Wyomin gwiil prob
ably present Judge wills Van Devanter,
who ranks next to Judge Sanborn in the
list of circuit judges, and It is probable
that Missouri viii present as its candi-
date Judge Elmer B. Adams. But il is
possible that a LAWYER may be selected
from some one of the states in the Eighth
judicial circuit. in which event three
names of Nebraska's distinguished law
yers will in all probability appear upper
most--Charles ]. Greene, John L. Web
ster and John c. Gown of Omaha. II
Judge T. C. Munger had been on the
bench somewhat lonEgr than he has he
might be regarded In the nature OF a can
didate, and If Judge William II. Munger
had different politics he would certainly
be regarded as a candidate. But with
Judge T. c. Munger comparatively new
man on the bench and Judge william II
Munger. democrat, 1t seems fair guess
that neither will be considered for the
Brewer succession. 1t is understood here
that the Iowa delegation, regulars, In
surgents and democrats stand as a unit
for the promotion of Judge Deemer of the
supreme court OF that state.
In the seventh circuit is another pos
sibility. Lloyd w. Bowers Of Chicago, now
solicitor general Of the Department OF
Justice. 1t is we'll known in Washington
that President TAFT has the highest regard
for Mr.. Bowers ability
Sentiment for Eastern sIan.
a strong sentiment is said TO prevail
in favor Of the appointment Of an eastern
man When Justice Lurton was appointed
TO succeed Justice Peckham. an endeavor
was made to induce President Taft to give
the seat to a New York member. Promin-
entity mentioned at that time was Attorney
General wickersham.
Should the Standard Oil case, the to-
bacco case or the corporation tax suits
be set for re-argument it is probable that
neither Mr.. Bowers nor Mr.. wckersham
would be considered since they would be
incapacitated for service in that connec-
tion.
On behalf Of the appointment OF an east
ern man it is urged BY some that the
Mississippi valley already has four mem
bers on the bench, Chief Justice Fuller OF
Illinois, Justice Harlan Of Kentucky JUS
tice Day Of Ohio and Justice Lurton OF
Tennessee
Another candidate whose chances are
considered as strong is Judge John w.
Warrington Of the Sixth circuit court.
other Possible sueeeAsOrs.
Among those mentioned today as possl-
bic successors TO Brewer we're Secretary OF
War Dickinson, Secretary Nagel OF the De-
partment Of Commerce and Labor. Henry
N. Hoyt. counselor OF the State depart
meat; Governor Hughes and Senator Root,
The sudden death Of Justice Brewer and
its possible effect upon the supreme court
son IN, 1. n4t
trust cases we're discussed at the cabinet
meeting at the White House today.
Attorney General WIckersham as he
went into the cabinet session was asked IL
there was any chance OF rehearing on
the two important cases pending In the su-
preme court. He declared there was the
possibility OF rehearing. but he did not
consider It at all probable
Reargument Likely.
Reargument OF the cases affect
ing great corporations which are
pending before the supreme court OF
tho United States doomed up prom
iaently today as a probable outcome OF the
death Of Justice Brewer last night. These
include the dissolution suits against the
Standard OH company Of New Jersey and
the American Tobacco company and the
corporation tax cases.
The decision OF these cases by the seven
justices on the bench now that Justice
Brewer has passed away and Justice Moody
Is incapacitated for service on account OF
rheumatism Is believed to depend almost
entirely upon the unanimity CT opinion on
the questions.
some lawyers VINO have followed closely
the decisions Of the supreme court scout
the idea that such unanimity exists and
therefore they are free IN expressing the
view that these cases wili set FOR reargu-
ment before fun court
Il Is probable that a vote already has
been taken on ali Of these cases. II this
be true and the court was equally divided
or nearly 50. Il Is believed the court would