The Washington herald., 1910-12-13

President Taft sent the nomination OF
Associate Justice Edward Douglass
White, of Louisiana, 10 be Chief Justice
Of the Supreme Court 10 the Senate yes
terday. and within an hour the appoint
ment had been confirmed and the Presi-
dent had directed the drawing of the new
Chief Justices commission. He viii be
sworn in this morning.
The President also sent in the names
of Joseph r Lamar. of Augusta, Ga, a
Democrat and former chief justice of the
Supreme Court of that state, and Judge
Willis Van Devanter, Republican, of
the Eighth judicial circuit. 10 be asso-
ciate justices. These nominations were
referred 10 the Senate Judiciary Com
mittee in regular form, and everything
points 10 a prompt confirmation of them.
The new Commerce Court and the two
new members of the Interstate Com
merce Commission were Laid before the
Senate as published yesterday, with one
exception. AT almost the last minute the
President made one change in his Com
meree Court slate, substituting John E.
Garland. United States district judge OF
South Dakota, for United States District
Judge Arthur c. Denison. of Michigan.
Judge Denison Declines.
Judge Denison wired to the President
declining the appointment. He prefers
remaining as district judge TO going
out on the circuit. as he would be
Obliged TO do at the expiration of his
two years service on the Commerce
Court Judge Garland is a Democrat,
having been appointed United States dis
trict judge by Grover Cleveland Judge
Denison. on the other hand, is a Repub-
hcan. and the C. o. p, accordingly, loses
one place on the Commerce Court by the
change.
The Commerce Court and Interstate
Commerce Commission nominations also
were referred to the Judiciary Committee
No opposition is expected TO them. IN
less possibly TO that of Chairman Knapp
Tor presidkag judge of the Commerce
Court Several OF the Senate INSURGENTS
were incensed recently at speech which
Judge Knapp delivered in New York CITY
They thought it indicated bias in favor of
the railroads in the increased rate inves-
LEGATION. The chances are. however that
no objection will be made 10 any of the
Presidents appOintees. and that all will
~
The Senate acted quickly upon the nom
ination Of Associate Justice White, as a
special mark of honor 70 him as hav-
ing al one time been a member of that
body. That fact, coupled also with the
circumstance that he had already been
passed upon once when he was appointed
TO the court. obviated, in the Senate's
opinion the necessity Of referring his
name 10 committee.
The Senate was in executive session
only about fifteen minutes in considering
Justice Whites nomination Senator
Hale, the veteran Republican leader,
moved that his nomination be immedi-
ately confirmed He characterized Asso-
eiate Justice White as "a great Senator,
great lawyer, and great judge"
Hepburn Causes Anxiety.
There was anxiety in the Senate when
Senator Heuburn, Republican. of Idaho.
arose. Mr., Hepburn. however, merely
voiced his belief that chief Justice
should not be selected from members of
the Supreme Court. He thought that it
opened the way for an undesirable eIe-
ment of ambition on the highest bench.
His feeling on the subject however did
not carry him TO the extent of Directing
TO Justice Whites confirmation
The nomination of Frederic w. Leh-
mann, Of Missouri to be Solicitor Cen
eral of the Department of Justice. was
also confirmed by the Senate.
When Justice White resumed his place
on the bench his eyes were moist, and
there were other evidences of his deep
feeling. During the recess Of the court
the new Chief Justice issued this state
ment:
rhe President and Senate have in
deed honored me. the one by nominating
me and the other by confirming me.
without reference as Chief Justice that
is to preside over the sessions of the
court and 10 be its spokesman in mat
teTs of administration I am deeplv
grateful not only 20 the President and
the Senate, for the confidence thus re-
posed in me. but also to all those,
whether lawyers or laymen. and whether
In public or private life, who. without
solicitation or knowledge on my part
may have recommended or suggested
that nomination.
Appreciates Great Honor.
Human nature would be wanting if a
sense OF personal qualification was not
felt at the indication thus afforded of
the belief entertained by the President
the Senate, and Others that during the
many years L have taken part in the
work of the court there has been at
least honest and painstaking effort to do
my duty toward the country.
''Of course, with the sense of personal
qualification at the honor which the Sc
lection implies. comes the consciousness
that new and increased administrative
duties and executive responsibilities viii
follow, and pray that Divine Providence
may give me the strength not unworthily
to perform them
Fear as TO possible consequences. the
result from my deficiencies. however. is
at once dispeIled by the knowledge that