The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-12-12

The president has been careful in
making his selections of judges and
he finally was impressed by the objec-
ton of inexperience of Justice
Hughes, especially on the bench. AL
ways coupled with the criticism of
Mr.. Hughes was the highest praise as
a man and as an associate justice. No
appointment the president has made
has caused more favorable comment.
Opposition to Hughes.
The opposition to Mr.. Hughes at
this time on the ground of inexperi-
ence came not only from the presi-
dents advisers in Washington but also
from the bar and from the Judges of
the various courts. Judge Hughes al
ready is popular among the judges of
the supreme court and it is not be-
lieved they took any part in the argu-
ments placed before the president.
Eliminating Justice Hughes and all
suggestions made from outside the
court, President Taft, it is said. turn
ed naturally to. Justice White. In do
ing so he disregared all political con-
siderations. Justice White is Demo-
crat and was born in louisiana He
was appointed to the supreme court
by Grover Cleveland and is 65 years
old.
So far as Washington can recall,
this is the first time that a chief justice
of a, political faith opposite to that of
the administration has ever been ap-
pointed.
AS member of the supreme court it
has fallen to Justice Whites lot to EAR
| ticipate in some of the most famous
cases in the history of the tribunal! AL
| though a confederate soldier and
| Democrat, he is said to hold probably
the most clearly marked ideas of fed
eralism of any Of the justices. He was
| with the government in all of the So
called insular cases involving the Phil
| ippines and other island possessions. He
rendered a minority opinion against
| the governments contentious in the
Northern Securities case and also was
with the minority in voting to sustain
the income tax.
Justice White has been on the su-
preme bench for 16 years and he is now
| the Oldest justice in commission whose
| age is less than 20. He graduated from
| Georgetown university. In addition to
practicing law in Louisiana, he was
sugar planter. He served in the Louis
| lana legislature as a senator, served for
several years on the state supreme court
| bench and subsequently was elected to
the United States senate. He was serv-
| ing his first term in that body wnen
President Cleveland appointed him to
| the supreme court.
Records of New Men.
| Judge Van Devanter participated in
the now famous Standard Oil decision
rendered in the Eighth circuit Mr.
Taft debated for some time as to the
propriety of taking a judge from this
|
| preme bench where he must pass again
upon these cases.
But as courts often reverse themselves
| Mr.. Taft felt that If new evidence justi-
| fed such a course man might also re-
verse himself. Judge Van Devanter is
regarded as em1nently fair and Just
Those were the qualities the president
was seeking in his candidates He is
regarded as a high authority in land
l II --11 xl-1
preme court several years and for seven
| years was an assistant attorney gen.
| eral.
Judge Lamar, of Georgia. a Democrat
has been personally known to the presi-
dent for several years. Mr.. Taft early
decided that one of the new associate
| justices should be a Democrat Judge
| Lamar served two and half years OF
the supreme court of Georgia and is
now leading member of the southern
| bar.
| His appointment brings the Demo-
| cratic representation on the supreme
court up to three members, the others
being the new chief Justice and Mr..
Justice Lurton, of Tennessee. The TO-
| tai membership Of the court is nine.
| A final cabinet conference on the ju-
dicial appointment was held at the
| White House late Sunday. 1t was at
| tended by the lawyer members Secre-
taries Knox. Dickinson, NageI and At
torney General Wickersham. 1t was
said to have been Mr.. Knox's influence
which finally turned the tide in favor
of Judge Van Devanter as against
Judge William C. Hook. also of the
| Eighth circuit.
| In his consideration of the entire sub
ject of appointments the president in
vited so senators to the White House.
This was because the recommended can
didates represented % states. The pres
ident. however. felt he could not draw
either party or factional lines in any
| investigation of the scope that he de-
sired his supreme court inquiry to be-
| 1t was said none of the sena torial
conferences was for the purpose of de-
Gliding on the final slate. Through them
/ the president was seeking information
as to certain men strongly urged Many
| of these names soon were eliminated
| from consideration.
Sketch of Justice White.
Justice Edward Douglass White was,
strictly speaking, the lone representa-
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