The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-04-01
FOR THE HIGH COURT
MINNESOTA MAN MAY SUCCEED
JUSTICE BREWER.
Between East and West; Congressman
Predict Lively Struggle Will Oc-
cur Over Place on Supreme Bench
Made Vacant By Death of Justice
Brewer; Secretary Nagel Will
Have Considerable Backing.

Washington. March 3O.-Eas. and
West will lock horns in an unusual
struggle for control OF the appoint
ment to the supreme court bench in
succession to the late Associate JUS
tice Brewer, according to predictions
heard in congressional circles.
When the last vacancy on the SUI
preme bench occurred, through the
death of Justice Peckham of New
York, the Third judicial circuit, com
posed of New Jersey, Pennsylvania
and Delaware, presented no candidate
for the place, although it had been
without it's usual representation on
the court since the retirerent of JUS
tice Shiras.
The Second circuit, composed of
Connecticut, Vermont and New York,
presented in perfunctOry way the
names of Attorney General Wicker
sham and Circuit Judge Alfred S. c.
Cox of New York, but did not push
them with vigOr because of the known
desire of the president to appoint his
friend, Judge Horace H. LurtOn OF
Tennessee, who finally secured the
honor.
But now it is believed the Second
and Third circuits will have several
candidates for the new vacancy and
Will push them with more vigOr than
ordinarily marks contests for places
IN b, ;,l tn,
land. This expectation arises from
the extraordinary conditions that pre-
vail on the supreme bench and the
altogether exceptional character OF
the cases pending before it.
Cases of Supreme Importance.
Two cases have been argued there
since last summers long recess of su.
preme importance to the great bust
ness combinations of the country.
These are the cases Of the Standard
Oil company and the tobacco trust.
which concerns were declared cOmbi-
nations in restraint of trade by the
dered
Argument on the appeal of the COM
binations from the decision of the
lower courts to the supreme court
having been heard, the fate of the
great concerns is now in debate be-
fore the latter tribunal and before de-
cisions have been reached one Of the
justices suddenly dies, leaving the ac-
tive membership of the court two
short of full bench
Justice Moody, who was taken sick
last summer, has not sat during the
present session, did not hear the argI-
ments in the two great cases men,
toned, and therefore will not partici-
pate in framing the courts decisions.
In this situation it is regarded as ex-
tremely probable that the seven ac-
tive justices will decide it would be
unwise and inexpedient to attempt
rendering decisions in the Standard
Oil and tobacco trust cases and will
order rearguments, to be heard when
Justice Brewers successor has been
named. Perhaps the rearguments will
even be postponed until Justice Moody
is well enough to resume his place on
the bench.
The Eighth judicial district is the
largest in the country being composed
Of Minnesota, Iowa, Missouri, Arkan-
sas, Nebraska, Colorado, Kansas
North and South Dakota, Oklahoma.
Wyoming. Utah and New Mexico.
,Ihara will nrohahly no MANY candi.
dates for the vacancy on the supreme
bench from these states. Already the
names are mentioned OF Circuit Judge
Willis Vandeventer of Wyoming and
Circuit Judge Walter II. Sanborn OF
Minnesota.
Secretary of Commerce and Labor
Nagel of st. Louis is also talked Of
and no doubt will have considerable
backing.