The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-07-04
BOWERS EXPECTED
TO SUCCEED FULLER
Taft Will Have Named Ma
jority of Supreme Court
Before Term Ends.
Continued from First Page)

Continued from First Page)
Standard Oil case and in the Tobacco
trust case tor 1t has so happened
that he has personally had practi-
Caily nothing TO do with the hand
liQg Of these cases before the Su-
President Taft has already named
Justice Horace II I.urtou. Of Tennessee
to succeed Justice PeCkham. and he has
appointed c.. Charles Z Hughes
OF NeW York TO succeed Justice David
- brewer. Congress has passed a meas
Ure which viii enable Justice William
h Moody 10 retire on fun pay on &C
count OF III health The law gives Jus
tiee Moody five months in which 10 re-
That President Taft viii be in no
haste aDC@t appointing q chief Justice
70 succeed Chief Justice Fuller is taken
Tor granted This has been his general
policy as to Supreme Court appoint
ments- The court VIII not meet until
October, ~ even then, il viii not be
possible under the traditions 20 put a
Chief Justice on the bench II IS the
practice that a member Of this court
shall not serve until confirmed This
means that the successor to Chief Jus
tIce Fuller VIII not be qualified 20 sit
on the bench until Congress meets in
December
OF course. President TAFT could an
noUnce his selection -t any time tt IS
likely The UuusUaI situation VIII be pre-
scented when Congress meets Of the
senate having TO confirm two members
Of the supreme Court. tbs successor 10
Justice Moody and 70 Chief Justice Full
Ic-.
Between the beginning OF the court
term in October aid -he conilrEna ton OF
The successor 20 Chief Justice Fuller. the
court viii be in a crippled condition. IL
VIII have but seven active members
unless Justice Moody recoEerS- TINS
means that il VIII be impossible 20 take
10 for rShearirE any Of the three big
cases. Standard oil Tobacco. or cor
noraticr tax. before December and be
fore the Senate by Confirmation OF a
Chief Justice and probably OF a new
justice flls 10 the bench
May Call Extra Session Of Senate.
one. OF the possibilities growing out
Of the death Of chief Justice Fuller IS
that an extra session Of the Senate may
DE called by President Taft This is
hardly deemed probable, but II is
possibility
As matters now stand. the court can
have only seven active members when
IL meets in October. The presence Of
such a small number OF justices Is al
WAYS more or less embarrassing Ia
the first rIace, IL throws an immense
added burden on the other justices. In
the second place, & Increases the Ike
ElCud OF the court being so divided tlat
decisions viii be really made only ly
lour justices. a majority OF those SIT
tiu-. but not majority OF the court
Should some other member OF the
court be unable to serve next october,
for any reason the court would be
Ic-c with only six members. or IN a
condition iu which B. would be we'll
nigh impTg CriCable 10 proceed with It's
business Ia such an event President
cali the Senate together fer the pUr-
pose of confirming appointees 10 the
bench.
Not To Serve TIL Confirmed
The tradition that members Of the Su-
0reme Court shall not serve until COLI
drmed is strong. More than this. Presi-
dent Taft is especially iusistent on this
policy IIe has himself talked It over
with callers in recent weeks and he has
made II plain that he believes this poIicy
should obtain with respect 20 the r CO.
eraI judiciary generally
While the feeling here Is pronounced
that Solicitor General Bowers Hill be
appointed 90 succeed Chief Justice li-
Ter IL does not follow that the names OF
other candidates viii not be given con
SiGerati0-- More than this President
Tsrf V-lL t- strongly urged 70 appoint
her men
Tr- friends Of Attorney General Wick
ersEart VIII doubtless make a strong
u-cseUrarion Of his Csse- senator Elihu
Root has many admirers who think he
would make q great griet Justice sLcLt
ruer as Secretary Of state Knox Henry
NJ Tcvt counselor OF the stale De
rarsr1er-- Circuit Judges Hook. san
horn. Adams and Naudervanter. Judge
r. r IeeUeI- OF the Iowa Stpl ril-E
court. and various others VIII no couo-
have TO be taken into account
III this connection. L e interesting
suat Chief Justice Fuller vas CnleaGo
1--r 80 s. Solicitor General Bowers
and f NTr Covers Is named Il viii be
a case ct one CHICAGO man sIlCceetin ms
another TO the highest judicial POSITION
IN America
Nay Name a Democrat
one question raised by the death OF
Chef Justice Fuller relates 90 that or
putting another Democrat on the court
President Taft viii be under strong
pressure TO name Democrat on the
court Il will not necessarily Ielcw
that a Democrat VIII succeed CLieL
Justice Fuller, but with a tn-eL > tSl..E
To- name and an associate justice 20 sue
Good Justice Moody # he steps out the
President will find 70 hard 10 AVOID ST.
lectinZ one Democrat -
Il has been suggested thaL 6oNe-S
wound succeed Moody, but II Bowers
becomes chief Justice then the Eeld
would seem TO be wide TOT the Seiec-
tfon of a successor 10 MOODY
Bowers IS a Republican secretary
Of War Dickinson IS always El'SSi-
bifftv for the Supreme Court RE IS
q -9l-7oc~ar The difficulty in his way
i geographical Justice Lurton IS
would probably feel impeIled TO 90 into
another state
Bailey May Be Selected
one of the most interesting sIgges-
tons made with respect to the bench
is that the President may give Senator
joseph w. BaiIev Of Texas one Of the
ao00in-ments-
senator Bailey and the President are