The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-07-30

Beverly. July 29.-It became definitely
known in Beverly tonight. through
friends OF Associate Justice Moody. OF
the Supreme Court who have seen him
at his summer home in Magnolia. north
Of here. that he has informed President
Taft Of his intention 20 retire.
The President was not told OF the de-
cisiOn OF Justice Moody in a formal way
The communication. according to the
story from Magnolia, was made verbally
Mr. Taft has been to Magnolia twice
since he came TO the summer capital, and
IL was understood here that Justice
Moody told him that he wished 10 quit
on one OF these visits.
The formal announcement probably viii
not be made until the late autumn. IN
der the retirement act. passed by Congress
just before adjournment Mr. Moody had
FIVE months IN which TO step down. Prob
ably he will take all OF the time allowed
by Congress.
Wanted Him to Remain.
The President. it was said here tonight,
did not wish TO embarrass Justice Moody
or hasten his retirement in the least de-
gree, nor did Mr. Moody, on the other
hand. wish TO stand in the way OF the
appointment OF a successor. The PresI-
dent hoped that the justice would find
his condition so improved that he could
return TO his duties in the fall
The fact that the Supreme Court has
some OF the weightiest business that has
ever confronted It up for digestion next
fall. however, and the fact, too, that Mr..
Moody has regained HIS strength but
slowly. determined the justice in his posi-
ton. He feels that he is not equal TO the
task Of taking up his labors again.
and. knowing the Importance Of the
courts approaching session. will permit
the President to name some one 70 sue
coed him.
With Justice Moody determined to quit.
President Taft is confronted with the
knowledge that he will have to name one
more associate justice and one Chief JUS
tice. He has already had confirmed by
the Senate the nomination Of Gov
Hughes. OF New York. to succeed the late
Justice Brewer That leaves the seats
held by the late Chief Justice Melville
Fuller and Mr.. Moody 10 be filed. Gov.
Hughes has for weeks been pointed out
as the man who undoubtedly would be
named by the President to succeed the
late Chief Justice. Il was expected that
the President would withdraw the gov
ernor's nomination as associate justice
and send in another. naming him as Chief
Justice.
Many Names Considered.
Tonight 1t was reported that while
Gov. Hughes is still the most formidable
candidate. he has not by any means got
the Chief JustIceship in his pocket The
President has considered many men for
both associate and Chief Justice. and
will not make up his mind until late in
the autumn. There are scores Of names
from which he may choose, and 1t has
been said that he regards many OF those
mentioned as eminently qualified to I'll
either OF the vacancies.
For the vacant associate tusticeship.
Supreme Court Justice Swayze, OF New
Jersey, is known to have been considered
most seriously. Just who may be con-
sidered for the Chief Justiceship besides
Gov Hughes is not quite so plain. but
the President is now understood 70 be
set upon the naming OF the New Yorker.
VIII Announce Retirement.
Magnolia, Mass. July S.-Associate Jus
tice William II. Moody, Of the United
States Supreme Court. stated to-day that
he will announce his retirement from the
bench prior to the expiration OF the en-
abling act. passed by the last Congress-
In order that the President might be re-
lieved Of any embarrassment due 70 con-
ficting reports. it is said that the jurigt
some time ago informed the Chief Mag
istrate Of his purpose 20 quit the bench
The President has twice been at Mag
nolia to see Justice Moody since he came
to Beverly, and on both occasions urged
him TO take all the time he desired in
making up his mind. Justice Moody re-
piled that his decision was irrevocable.