The Washington herald., 1910-12-12

the bench until he had been named 10
The Supreme Court and that until he
appeared in the gas and Insurance in
Vestigations in New York his legal prae-
tice had not been such as to make him
stand out as a possibility for the high
place of Chief Justice Of the Supreme
Court
There is good reason 10 believe that
strong opposition 10 the advancement Of
Mr. Hughes developed in the Presidents
own Cabinet Members OF Mr.. Taffs
official family have urged that Mr..
Hughes OWE record showed him TO be
too uncompromising for the position Of
Chief Justice. one OF whose chief duties.
they contended. was to reconcile differ
enees Of opinion in the court
Some members OF Mr.. Hughes ez5,
part have been none too favorablv ais
posed toward his advancement, although
II is not likely that they have ever seri-
ousiy considered the contingency Of the
President appointing a Democrat to tbs
Chief Justieeship.
Ihe President until recently had IDld
his friends that he wanted a man Tor
Chief Justice who could give at least
twenty years OF harS -srviee 10 the post.
In turning White. the Presi-
dent Ia a man who Will have
only ali. i've years 10 serve before he
IS eligible TO retire on fun pay. Justice
White. however. is a man OF robust
health. and one Of the most active
members Of the court
Work Ready for white.
The President expects his new Chief
Justice TO undertake at once the task Of
reforming the equity procedure in this
country. He has also recommended in
his annual message that the Supreme
Court be empowered to lay down rules
governing procedure at law
! cannot conceive. said the President
in his annual message, any higher duty
that the Supreme Court could perform
than IN leading the way in a simplifca.
ton Of procedure in the United States
courts
The President regards the reform of
court procedure in the interests OF the
poor man as second only in Importance
10 the decisions which the Supreme Court
viii be called upon to make in the great
Industrial cases pending before IL
There is not likely to be any opposition
in the Senate to Justice Whites appoint
ment 1t is understood that ne will be
=
and as between him and Mr.. Hughes the
insurgents probably would rather have
Justice White. The insurgents have not
been fayorably inclined toward Mr.
Hughes since he gave out his ultimatum.
as governor OF New York State, against
the constitutional income tax amendment
OF course Justice Whites appointment
win be highly gratifying to the Demo
Gratis.
Has strong Record.
Although Southerner. Justice White.
as his record on the bench shows has
stpsng Federal leanings He sided with
the minority in upholding the income tax
when it was tested under Grover Cleve-
lands administration. and he also sus-
tanned the government in the insuIar
cases. In the Northern Securities mer-
ger case, however. he joined with the
minority in deciding against the govern
ment. These are the most striking cases
in which he has participated
Mr. Justice White was born in the
parish Of Lafourche. La, on November
5, 1S45 AS a youth he served in the
Confederate army and took part IN oDer-
ations about Fort Gibson He Is a
Catholic, having been educated at Mount
st. Mary's Jesuit College. at New Or
leans and at Georgetown College. In
addition 10 practicing Law. he was en-
gagged in sugar planting in Louisiana for
long time
He was admitted to the Louisiana bar
in 1861 and was elected member OF the
legislature OF that State In 1874 IN ISIS
he was appointed associate justice OF the
Supreme Court Of Louisiana Later he
resumed his law practice. and became the
leader OF the bar in his state. IN 1881
he was elected TO the United States SEN
ate, serving until 1894, when he was ap-
pointed associate instics by President
Cleveland He is nJgv the oldest justice
on the court, with the exception Of JUS
tiee Harlan who has already passed the
retirement eligibility age
The advancement Of Justice White will
place Confederate veteran IN the high
est JUDICIAL post In this country Asso-
ciate Justice Lurton. who was also ap-
Pointed by Mr. Taft. Is Confederate
veteran
Lamar a Democrat.
Joseph Rucker Lamar. who will be
named for the associate justieeship made
vacant by the promotion of Mr.. Justice
White, was born in Ruekersville. Ca, in
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