The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-28
SLATE is MADE UP
Men Who Will Fill Vacancies
on Supreme Bench.
Are Said to Have Been Selected
by the President.
HUGHES TO MOVE UP.
Former Governor Is to Become
the Chief Justice.
Sutherland, . tah, and Gummere,
N. j., to Be Associates.
HUGHES TO MOVE UP.

Washington, D. c., Nov. 2S.-Presi-
dent Taft probably will make the fol-
lowing nominations Immediately az
ter congress convenes to fill the va
cancies existing upon the United States
supreme court bench:
Charles Evans Hughes of New York,
now an associate justice, to be chief
Justice to succeed Melville w. Fuller
deceased.
George Sutherland of Utah, now a
senator of the United States. to sue
coed Charles Evans Hughes as an as
sociate justice.
William S. Gummere of. New Jer-
sey, now chief justice of the supreme
court of New Jersey, to succeed VIII
liam H Moody. resigned.
It may be that this slate Will De
changed before congress convenes, but
II is known that these men are at
Dresent highest in the presidents Ia
VoP.
Associate Justice Hughes needs no
introduction to the country. his ser
vice as governor of New Y ork demon
strated his attitude upon questions Vi
tai to the people and to the relations
of corporations with the people. SEN
ator Sutherland has ranked h1gh as
constitutional lawyer in the senate.
Chief Justice Gummere is described as
1000
sion.
No Opposition Is Expected.
There is no likelihood any opposi-
ton would be manifested to any or
| the nominations. Having already con-
! frmed Hughes as an associate justice,
| the senate would not hesitate 10 pay
! him the further compliment of con-
| hrming him for the highest post in the
judiciary.
Senator Sutherland is a member of
the judiciary committee of the senate.
which must report upon the 5ud1c1ai
nominations submitted. Courtesy on
! the part of his colleagues would insure
confirmation of his nomination with
| out DELAY Undoubtedly, the judi
! ciary committee would investigate the
record of Chief Justice Gummere, but
it is of such character. it is said, as
to insure favorable recommendation
and action by the senate
| Whether Senator Sutherland and
Chief Justice Gummere be the final
choice of the president, 1T is certain
that the latter will choose lawyers from
the Third and Eighth judicial circuits
| in which they reside. The Third cir
| cult has not been represented on the
| bench since the retirement of Associate
Justice Shiras seven years ago. Inc
Eighth circuit ceased to have represen-
tation upon the death OF Associate JUS
tice Brewer.
Seeks Comparatively Young Men.
1t has been the desire of the presi-
dent to get comparatively young men
upon the bench, in order to insure that
continuity of opinion SO desirable in
national affairs OF course ability an n(1
experience counted tremendously with
the president in the consideration he
has given to this important matter. AS
sociate Justice Hughes is 4S years OF
age. Senator Sutherland is two weeks
older. Chief Justice p Gumnere is 81
years old.
All of these men are younger than the
present members of the bench. Assoct-
ate Justice Harlan is n and it was this
fact which excluded him from final con-
sideration for the chief justiceship. AS
sociate Justice White is Co. Associate
Justice McKenna, 81; Associate Justice
Holmes, 20; Associate Justice Day, 81;
! and Associate Justice Lurton, 66. With
the exception Of Mr.. Harlan and Mr..
Holmes, none of these men will reach
the retiring age for anywhere from
three to nine years, and If the men
named are appointed they will be on
the bench from IL to p years, provided
they remain in good health.
Senator Sutherland has been men
toned to some extent as a possible APP
pointee, and the objection has beer
offered to him that he was connected
with the Mormon church. Inquiry
made by the administration shows this
to be untrue. The only connection he
has had with the Mormon religion has
been his appearance as a lawyer fol
the defense in several polygamis
cases and it is asserted that as this was
only a legal service he should not bt
disqualified from appointment to the
supreme bench.
Sutherland Native of England.
The senator is not American born
He first saw the light of day in Buck
inghamshire, England, and wa
brought by his parents to this country
! He received a common school ant