The San Francisco call., 1910-07-05

BAR HARBOlI, Name. July 4.
Chief Justice Melville w. Fuller of
the United States supreme court died
Of heart failure at his summer home
in Sorrento at 8 O'clock this morning.
Especial Dispatch to The Call
VVIASHINGTON, July A.
w Charles E. Hughes, governor
~ of New York, will succeed
Melville W. Fuller as chief justice of
the United States supreme court
This statement is made in such an
unqualified way because it is based
upon information given by the presi-
dent himself Within the last 10 days
Taft. discussing the report which
came from Oyster Bay that Colonel
Roosevelt intended to ask Governor
Hughes to withdraw his acceptance
of an associate justiccship of the
supreme court in order to run for gov
ernor again, expressed the positive
conviction that Hughes would not
yield TO the former presidents appeal
if it were made
Choice Made Months Ago
The president doubted the authen-
ITCHY of the report. however, and his
own judgment in this respect has
since been indicated, inasmuch as
Roosevelt himself declared there was
no foundation for it, and that he never
intended to urge the governor to be a
candidate for reelection
Taft based his confident assertion as
to Hughes attitude in this matter upon
knowledge he had gained in CONVEX
sation with the governor at Albany
few months ago. 1t was on that oc-
casion that the president gave the gov
ernor to understand that it was his
purpose to make him chief justice il
the opportunity to do so presented IT.
self during his administration.
Chance Earlier Than Expected
The chance has come much sooner
than the president or anybody else had
reason to expect, and therefore even
before Hughes is sworn in as an asso-
ciate justice he is destined to become
the presiding officer of the highest fed
eral tribunal.
Even if the governor had already
taken his seat on the bench as an as
sociate justice. the president would not
have hesitated to elevate him to the
position Of chief justice afterward. al
though it has not been customary for
a Justice thus to be promoted over his
associates At the time the president
had his talk with the governor at Al
bany. Hughes had not yet been offered a
place on the supreme court
Appointment No Surprise
A vacancy did not exist. although
soon afterward Associate Justice David
j. Brewer suddenly expired. and when
the tender Of the vacancy thus created
was made to Hughes 1T did not come
as surprise to him. But. besides
informing the governor that it was
his purpose to offer him seat on the
bench whenever vacancy occurred.
the president frankly told him that II
the opportunity came he would ele-
vate him to the chief justiceship.
1t was a personal conversation, in
which the president told the writer of
his plans with respect TO Governor
Hughes. That is to say, the informa-
tion was not for publication at the
time. but with the death OF Chief Jus
tice Fuller the restriction is removed.
Senate's Approval Needed
The president will make a formal
in due time Unless the
president should call an extra session
Of the senate in order to have his ex-
nected nomination Of Hughes as chief
Justice and also the nomination of an
associate Justice confirmed before the
supreme court meets in October Hughes
will serve as associate justice until
congress meets in regular session next
December.
During the interval Associate Justice
John NJ. Harlan win be acting chiAs