The Washington herald., 1910-07-05
CHIEF JUSTICESHIP
MAY GO TO HUGHES
Fuller's Death Necessitates
Two Appointments. A
MAY DELAY PENDING CASES
Hearing of the Standard oil, Tobac-
co Trust, and Corporation Tax
Suits Expected To Get Set Back I'm
til Supreme Bench Has Been Re-
hsblIitated-Death Causes Gloom.

The death of Chief Justice Melville W
Fuller probably means that Gov. Charles
E. Hughes, OF New York State, viii be
named to preside over the highest court
in the land
Gov. Hughes has, Of course. already
accepted a place as associate justice to
I'LL the chair left vacant by the death Of
Justice Brewer It is regarded here,
however. as very likely that President
Taft viii designate Mr.. Hughes to the
Chief Justiceship.
There was talk at the time of Gov.
Hughes appointment as associate JUS
tice that an intlmation had been con-
veyed to him that he would be advanced
TO the presiding chair III the event of a
vacancy In Mr.. Taft's administration.
Next to the President Of the United
States, the Chief Justiceship Is regarded
as the highest official honor to be at
tained There is reason to believe that
Mr.. Taft, had he followed his own in
clinations, would have preferred 10 oe-
cupy the chair Of Chief Justice rather
than the White House.
AS Il turns out now, that is where Mr.
Taft undoubtedly would have landed if
he had followed his own desires and
accepted an appointment 20 the Supreme
Court bench from Theodore Roosevelt in
stead Of running for the Presidency
Two Appointments Necessary.
The death Of Chief Justice Fuller
means that the President will probably
be called upon 10 appoint two members
Of the Supreme Court bench soon after
Congress reconvenes next December. A
bill was passed by Congress in the last
session authorizing Associate Justice
Moody. Of Massachusetts,. to retire with
pay. This bill was passed with the un-
derstanding that Mr.. Moody intended TO
retire on account Of III health. Under
the terms of the bill. however. Justice
Moody has five months IN which TO avail
himself Of the retirement privilege. It
Is expected he win announce his retire
ment before the fall
With Justice Moody out and the Chief
Justiceship vacant, President Taft viii
be called upon 10 increase the number
OF his appointees OF the Supreme bench
to four Mr. Taft has been in the White
House only little more than a year. but
he has already named two justices Of
the highest court, Lurton, Of Tennessee,
10 take the place made vacant by the
/ atdtH OF JUSTICE GCthuAliAf anu oSf-
Hughes 20 fill the Brewer vacancy.
When the Moody and Fuller successors
are chosen the President will have named
almost a majority Of the Supreme Court,
One more appointment and he viii have
named a majority OF the court.
President Taft appreciated when he was
running for the Presidency that he might
be called upon TO name a majority Of
the Supreme bench before his term was
over. and he Regarded that contingency
then. and he does now. as one Of the most
| serious duties he may be called upon TO
| perform.
Pending Gases TO Re Delayed.
The death Of Chief Justice Fuller means
that the rehearing Of the STANDARD Oil
and tobacco trust and the corporation
tax cases will be delayed for few
months longer. The rehearings were set
| for October. but Mr. Taft will not name
| the new Chief Justice and possibly Justice
/ Moody's successor in time for the dates
set in October The President could
make recess appointments but he has
| declared that he would not do this in
| appointments TO the Supreme bench. It
will, therefore, be early in December be-
fore the successor TO the Chief Justice
and to Justice Moody, If the latter reures,
can be confirmed.
1t never has been the custom 20 ad-
vance an associate justice 10 the Chief
Justiceship and a good many more think
that may interfere with Gov. Hughes be-
ing named 10 the presiding chair In the
| case Of Gov. Hughes. however, he never
has qualified for the associate justice
! ship, an ! would practically be free from
| the handicap Of custom.
The death of Chief Justice Fuller adds
further to the difficulty that President
| Taft is facing Of getting a full bench
to PASS on the Standard Oil and tobacco
trust cases Lloyd W Bowers. the pres
ent Solicitor General. has been favorably
regarded by Mr.. Taft for place on the
bench. but there Is some doubt whether
he would be eligible TO sit in the cor.
poration tax and other big corporation
cases pending.
Others that Are Mentioned.
The same is true OF Attorney General
Wiekersham. whose name has frequently
been mentioned. There has been a good
deal of talk that Secretary Of War Dick.
nson might be named to take Mr
Moodys place in the event Of his retire
ment Several Of the circuit court
judges who are considered good Su
preme Court material also are ineligible
because Of their having handed down de.
cisions in the Standard Oil cases now uT
on appeal The great Importance of th'
cases pending demands, In the opinion
OF Mr. Taft's friends, that the court
shall be free OF even a suspicion Of bias
The news Of Chief Justice Fuller
death reached here at about 10 ocloel
yesterday morning. All the members oi
the Chief Justices family were away
and his house was closed for the sum
mer The news of his death created {
stir in the Capital, and universal sorrow
|, was expressed, especially by the employees
of the Supreme Court, who had Learned
TO love him.