Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-04-16
TAFT WILL PICK NEW JUSTICE
FROM SECOND OR EIGHTH
CIRCUIT.
DEEMER OF IOWA BEING
SERIOUSLY CONSIDERED
II President Chooses Man West Of
Mississippi, Iowa May Win - Has
Strong 1aekins-Hushes Of New
York Being Ursed-oii Decision May
Be Factor in Final Determination.
Especial Correspondence

Especial Correspondence
Washington, April 10 President
Taft has by no means made up his
mind what man he will select to fill
the vacancy on the supreme court
but he has determined that this is the
most important question before him
and that he will devote great deal Of
careful attention to 1t.
Despite vast amount of gossip to
the contrary, the president has not de-
cided what part of the country he will
select the new justice from. Appar-
emily It will be from the second cir
cult, which includes New York, YER
mont and Connecticut or from the
eighth circuit, which includes Mime
sofa. Iowa, Missouri, Arkansas, Ne
braska, Colorado, Kansas, the Dakotas,
Oklahoma, Wyoming, Utah and the
territory of New Mexico. The third
circuit, however, which includes Penn
sylvania, New Jersey and Delaware has
no member of the supreme court and
the new justice might appropriately be
drawn from that part of the country.
The New York circuit argues that it
is entitled to the new justice for the
reason that the late Justice Peckham
was from that circuit and when his
successor was named, the president
picked Judge Lurton, Of Tennessee, in
the sixth circuit, which was already
represented on the bench by Justice
Harlan. In view of the vast interests
that the state of New York has at
fected by supreme court decisions, it
is urged the state, or the circuit of
which it is a part, should be repre-
sented.
Claims Of the West.
On the other hand, the eighth circuit,
one OF enormous geographical extent,
and filling with a vast population, has
been left without representation on the
supreme court by the death of Jus
tice Brewer. That circuit insists it is
too big to be passed over without hav-
ing member on the bench. 1t is
pointed out that all the territory from
1lliEcis to the Pacific coast, is without
representation on the supreme court.
Illinois has Chief Justice Fuller. Cali
fornia has Justice McKenna. But from
the region between. a country about g.
900 miles wide, there is no member of
the court.
The Pennsylvania circuit could put
up strong argument as to why it
should have the justice It Is as we'll
sntltied to representation as the sec
ond and eighth circuits. But che
consensus Of opinion, here is that the
appointment will 90 to the eighth cir
cult or to the second and that il it
goes to the second 1t will go TO the
state OF New York
Governor Hughes q Possibility.
VoYY10 T.
mentioned for the succession to Justice
Brewer. in case New York gets the
appointment. 1t would not be sur
prising II the appointment were in
formally offered him and if he de-
clined it. One reason why he is ex-
pected not to take 1t, even IL informed
he can have 1t. is that he is by no
means wealthy and is, in fact, what
may be called a poor man. Another
reason is that his political enemies are
extremely anxious to get him out of
the governorship and have him sue
ceeded by the Lieutenant Governor,
Horace White White would pre-
sumably not push the investigations at
Albany. This is what many OF the
men anxious to get rid OF Hughes want
and they would be delighted if he were
to go to the supreme court
Another New York lawyer Of much
prominence who is strongly backed for
the place is Louis Marshall, Of the
firm Guggenheimer, Untermyer and
Marshall. Mr.. Marshall is recognized
as one OF the ablest lawyers of New
York City and of the state of New
York. He is a Jew and a brainy one.
He is 81 years old and has been in
practice of law for about thirty years.
He has, naturally, the enthusia site sup
port Of prominent Jewish people but
his support is by no means confined
to those Of the Jewish faith. His
name is one Of those President Taft
is considering seriously
Oil Decision q Factor.
While it has been said that the pres
ident would not allow the fact of par
ticipation in the Standard OIL case in
any way to Affect his conclusions as to,
picking new justice, it is believed
that such participation will inevitably
have an effect. II it does, then At
torney General wickersham, who has
been mentioned for the place, Solicitor
General Bowers. Judges Sanborn. Hook
Vandevanter and adams will be shut
out. All these judges are from the
Eighth circuit. They decided the Stand
ara Oil case in the circuit court
Messrs. Bowers and Wickersham help
ed fight the case for the government in
the supreme court. None of these men
as a practical matter could take a part
in the case if put on the bench, and this
might prove serious thing, If the
court is as evenly divided when the
case is reargued, as it is supposed ITO
be now.
Desmsr Has Strong Support.
Judge Horace e. Deemer of the Iowa
supreme court, is being strongly urged
by members of the Iowa delegation
Judge Deemer is one of the ablest pur-
lists of the middle west and compare
lively young man. One of his strong
supporters is Judge Walter l. Smith,
member Of the house from the Ninth
Iowa district. Judge Smith and Judge
Deener are warm personal friends.
Apart from the fact he is able and
fitted for the place, there are some sub
stantial political reasons why it would
be well for the administration to pick
q Justice from one of the insurgent
states Of the middle west Judge Deem
er's friends are assured the president
is giving his name serious considera-
ton.
Much has been said Of Solicitor Gem
eral Bowers, in connection with the
Supreme Scnurt- He will probably not
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