The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-10-06
Taft Has Many Places to Fill
On the Supreme Bench
SUBJECT IS DISCUSSED.
Hughes May Be Named for Chief Justice
But a Movement Ii ON Foot to
Have Justice Harlan FIJI
the Place
BY wATTERsoN sTEALEY

Washington, October 5.-(special.)-
members of the supreme court-Justices
Lurton and Hughes-the selection of two
more will make a total of four Taft
appointments to that bench in less than
two years. Before the end of his term
other appointments are bound to come.
so that when Mr.. Taft leaves the White
House he will be able to point to a su-
preme tribunal with the majority of its
members his own appointees.
The e-Rooseveltian appointees to that
bench are now small minority. But
three of them remain--Justice Harlan of
Kentucky, Justice White of Louisiana
and Justice McKenna of California, the
latter being the only Mckinley appointee
left, dating from 1898. Messrs. Holmes
and Day were appointed by former Pres
ident Roosevelt and Messrs. Lurton and
Hughes by President Taft. When the
vacancies are filled one-third of the total
membership of nine is all that will be
left of the court as 1t existed before the
Roosevelt regime.
President Taft stated when here last
week that he has no intention of filing
the existing vacancies until Congress
meets In December. He has been can
vassing the field all summer, but his
tentative plans were suddenly upset by
the death of Lloyd w. Bowers. solicitor
general of the United States, whom he
greatly admired. Mr.. Bowers was Sc
riously considered for the chief Justice
ship and would certainly have received
one of the appointments.
Subject Much Discussed
On account of the number of vacancies
in the supreme court he has sought the
advice of his cabinet more than in any
of the other judicial vacancies consid-
cred. The subject was discussed at
length during the White House confer
ence last week. Governor Hughes and
Associate Justice Harlan are believed to
be the leading men considered for the
judgeship. Mr.. Hughes will be sworn in
as associate justice, and II elevated to
the chief justiceship another associate
justice would have to be substituted for
him.
A strong movement has developed in
favor of having Associate Justice Har-
Ian promoted. 1t is claimed in his be-
half that he Is one of the most eminent
jurists surviving, and his eminent SER
vice of IS years in the supreme court is
urged as an important qualification. Mr..
Harlan is II years DID, and has been
eligible for retirement since 1903 The
appointment OF either Mr.. Harlan or Mr..
Hughes to the presiding judgeship would
be a promotion creating an associate
justiceship vacancy, SO that with the
Moody resignation two appointments will
have to be made in any event.
Prominent Candidates
Among the names now most prominent-
ly mentioned In the gossip concerning
these vacancies are those of Chief JUS
tice Francis Joseph Swayze of the su-
preme court Of New Jersey United States
Senator Sutherland OF Utah. Circuit
Judges e. Henry Lacombe and Alfred
c. Coke Of New York, Circuit Judge Wal
ter H. Sanborn of Minnesota, Willis Van
de vanter of wyoming and William c.
Hook OF Kansas; Circuit Judge George
Gray of Delaware. Attorney General
Wickersham of New York has been men,
toned, although 1t Is not thought that
he will be taken out Of the cabinet
President Taft has seen Chief Justice
swayxe several times during the sum-
mer, and is known to be warm ad-
mirert Of the. decisions Of that jurist
He is q republican. George Gray oi
Delaware is the most prominent democrat
| thus far mentioned. The death of Chiei
Justice Fuller created a democratic va.
Icancy, leaving Justices White and Lur.
ton as the only democratic members Of
! the court.