The Birmingham age-herald., 1910-12-13
AppOintmentOf Justice White
 Is Very Unexpected
OLD GUARD DISSATISFIED
Very Few Republicans Applaud Taft's Act, But Democrats Consider It avery Graceful Thing for
 Taft to Do
BY wATTERsoN sTEALEY

| III "AIIEhSON SIEALE1 Washington, December 12.-(special.)- )-. I hope l may be able to do my duty
 Edward Douglas White of Louisiana,
 associate Justice of the United States l supreme court, former senator and Con- l federate soldier in the civil war, was today named by the President for the chief justiceship of the countrys high est legal tribunal. By virtue of the fact that he was former member Of the tlrer branch of Congress coupled with his present exalted position, the nomina- tion was confirmed immediately When arprised of his confirmation Mir. Justice White made the statement quoted above. He did not attempt to conceal his ap- precation of the high honor which has come to him in the corridors of the cap- i' o. After the adjournment of the court he chatted happily. almost boyishly. with tie many who showered their congratu- lations upon him.
 The vote was unanimous and there was no semblance of dissent except on the part of Senator Hepburn of Idaho. Senator Hepburn expressed his admira-
 tion for Justice White and said he would vote for him. He only complained that he thought there was some degree of | inproprety in the Presid ent's naming an associate justice for chief justice for | the reason that it might influence friends l of associate justices in the future to h ing influence to bear to secure promo
 tions to the chief justiceship. Senator
 Hepburn said he was net sure but what
 senior member of the court when q
 vancancy arose, but taken all in all he i doubted the wisdom of the precedent
 sss by President Taft.
 Republicans Surprised | While there was no open opposition tc
 Justice White, the appointment came as l a thunderbolt to the organization repub- 1 licans in the Senate and House. All of them were frank in declaring that the President had made one of his usual political bunders and had gone over the heads of scores of eminent republicans and given the greatest office within his 1 gift to a democrat.
 Even the supreme court has gone dem-
 ocratic,' remarked a republican senator.
 and another added: "The tail goes with 1 the hide.''
 Republican politicians were simply as- founded at the action of the President
 and many of the leaders were at the 1 White House early this morning to en-
 ter their protests against the nomination being sent to the Senate. The Presi-
 dent expecting such an onslaught would
 not go to his office, but reonained In the White House proper and declined to see
 visitors before noon. At that time the
 nomination was sent to the Senate and
 it was all over.
 The first intimation that Justice Hughes
 would not be named to head the highest l court came about two weeks ago. It was
 then stated in these dispatches on the
 best authority that the court itself was
 opposed to the Hughes appointment. on
 the ground that he was the junior mem
 Der and should not be jumped over White and Harlan, both men of long service. | At first this sentiment seemed to make l little impression upon the White House, l but It finally became so strong that the
 President changed his slate and decided
 upon Justice White.
 Few Praise Taft
 l The few republicans who are praisins | the President for his non-partsanship
 in the appointment of Justice White say that while he has offended the repub- lican of the politician type he has at l the same time every reason to believe I that the high character and eminent quail 1 ifications of the two democrats-White and Lamar-will appeal to the people | throughout the country and insure cor | dial reception generally One of the Pres | ident's close friends said today that 't
 was simply impossible for him to play the kind of politics in which the pro- | fessional indulges himself.
 After all,' said this member, MT. Taft may be gaining more by the White and Lamar appointments than appears on the surface. There will be created for him the most kindly feeling in Louisiana and | Georgia and in the event that Roosevelt | tries to come back or if the President has opposition for renomination, he may | be able to count certainly on these two delegations to the convention. Really
 most of us do not know whether the I President wants to be renominated. l | sometimes think that he is doing every
 thing that he can to prevent 1t. Most | of my colleagues think these judicial ap- pointments will hurt him with the men
 who run things It is true that he has ignored the republican organization,
 and the excellent material 1t presented for | consideration, but I am not prepared to l say that the President will be the loser politically in the long run c | Democrats Are Pleased
 Naturally democratic congressman are l highly pleased at the appointment While they feel that the President is
 only treating them with fairness in giv- | ing them three representatives out of
 a court of nine they are nevertheless
 unstnted in their praise of his course,
 all realizing that he made his appoint
 nents in the face of the solid opposition | of his party.
 l It seems to be accepted here that the action of the President will form an en- | during precedent for the guidance of | future Presidents and that the supreme court will never be composed of more
 than two-thirds of th e majority party.
 The new chief justice is of the Catholic | faith, as is Justice McKenna, who was
 appointed by President Mckinley. Both
 Justice White and Justice McRenna at
 tend mass at St. Matthew's church on Rhode Island avenue. They live the
 same square in which the church is To-
 cated and are regular attendants.