The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-04-19

At yesterdays session Of the Supreme
Court Of the United States. but seven
judges were present, Mr. Justice. Moodys
continuing illness making it impossible
for him 10 sit with the court, and the va
cancy caused by the death OF Mr.. Justice
Brewer. being yet untitled The depleted
condition Of the court is likely 10 con-
tinue some time, for there is no imme-
date prospect Of Mr.. Justice MoOdys
complete recovery, and the President has
stated that he intends giving ample time
10 the question Of selecting a successor
10 Justice Brewer
While. Of course. efforts are being
made with the President on behalf OF
certain sections Of the country. and for
the appointment Of certain jurists. there
are no candidates. in the usual sense Of
the word Among those whose names
have been presented to the President with
considerable earnestness IS Judge Willis
Van Devanter, Of Wyoming A graduate
OF one Of the high class. small universe
ties OF the Middle West. he early
went TO the Rocky Mountain region. and
having for nearly twenty-five years made
his home IN that part Of the great West
he IS personally familiar with its re-
sources and industries and business con-
ditiOns-
In the Prime of Life.
He is IN the prime Of life. being about
fifty years old. Notwithstanding his
Comparative youth, he has had many
Years experience on the bench. lrst as
a chief justice OF the Supreme Court OF
/ Wyoming. and. second. as a member OF
the Circuit Court Of Appeals for tie
I Eighth circuit.
/ In addition. as Assistant Attorney Cen
( eral for the Interior Department, Judge
/ Van Devanter exercised a quasi-judic.al
/ position in regard 10 business matters,
particularly Western. In which he made a
record which attracted the Favorable at
tention OF the entire county. his deci-
sions on many OF the most important
| Questions coming before the department
1 have become II, authority upon which
it has since proceeded in dealing with
4 similar cases arising n its Jurisdiction.
/ and when these decisions have 0een sub
jected 10 review by che Supreme Court
they have invariably been sustained.
/ Equally sound have been his decisions
as a Federal judge. The first one OF
more than ordinary importance which he
| wrote was IN the Northern Securities
/ case. which stood intact when " came
before the Supreme Court for review His
/ decisions are models Of clearness and
precision. They contain no evasion or
I ,- -F-, De- 81 81
direct and positive.
Acted I'm Important Gases.
While in the practice Of his profession
Judge Van Devsnter was connected with
much OF the important litigation of the
West Il is recalled that he represented
the State OF Wyoming in what was
known as the "racehorSe" case. which
involved the supremacy Of the State gov.
eminent IN administering State laws con
hictlng with the provisions Of Fedora
treaties with Indians made prior C
Statehood. In the lower Federal court
the decision favored supremacy OF tht
treaty regulations, but the argument OF
Judge Van Devanter before the supreme
Court caused a reversal OF this decision
and established the supremacy OF N,
State. thus settling one OF the most i'm
portant questions which Western State.
had TO confront in the early period FOL
lowing their admission into the Union.
At the present time the Eastern an
Middle States, where business condition.
, are practically uniform, are represented
by Justices Holmes and Moody. IN,
Southern States by Justices Harlan
White. and Lurton. the Middle Western
States by Chief Justice Fuller and Jus
tice Day, and the Pacific Coast State.
by Justice McKenna. This leaves Onll
that part OF the country Unrepresente,
on the bench. which IS included IN tn
Eighth circuit-the States Of Minnesota
! Iowa. Missouri. Arkansas. Nebraska
Colorado, Kansas, North Dakota. Souti
Dakota. Oklahoma. Wyoming, Utah, an'
the Territory of New Mexico.
These twelve States and one Terri
. tory have an aggregate area OF owe
, 100000 square miles. or about s. pc,
, cent OF the entire area OF the Unite,
States not counting nonconuguous parts
and there is intense desire Throughout
! that part Of the country 20 have on III
. Supreme bench some jurist familia
through personal residence and expert
ence with the important legal problem
incident to mining. irrigation. conserva
/ ton. Indian affairs. disposition OF publ
: lands, national forests, &C. all particu
5 larly characteristics OF that portion o
. /