Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-12-12

IS the first time a Republican Pres
ident has ever banned a member OF
an opposing political party to TINS
high office. Justice White is 50 years
did and has been a member OF the Su-
pre1ne Court for sixteen years. He mas
armed the reputation of being one OF
the ablest justices on the bench.
The President, it is understood,
turned 10 Justice White within the last
few days. He had settled upon the Sc
lection of Associate Justice Charles u.
Hughes for advancement to this high
post several weeks & but the opp
sition to Mr.. Hughes recently became
more pronounced, with the result that
the President turned to the considera-
ton of other candidates.
Friends of the President say that
the opposition to Associate Justice
Hughes had come not only from
prominent members of the bar in many
parts of the country. but from manH
judicial officers. There have been re-
ports recently tina the advancement Of
Mr.. Hughes to the chief justiceshio
would not be regarded with favor BY
the older members of the Supreme
Court. MIR. Hughes has quickly gained
II IdOlC RAbNA IL NiAN
his associates on the bench. but several
of them. it has been reported, were
opposed to the idea of the newcomer
being advanced to this high place.
The President until recently had told
his friends that he wanted a man for
chief justice who could give at least
twenty years OF hard service TO the
post. In turning to Justice White the
President has selected a man who viii
have only about five years TO serve
before he is eligible to retirement on
full pay. Justice White. however. is a
man of robust health and one of the
most active members Of the court,
The President expects his new chief
Justice to undertake at once the task
of reforming me equity procedure in
this countr,. lie has also recon-
mended in mis- annual message that the
Supreme Court be empowered to lay
down rules governing procedure at law.
Il cannot conceive said the Presi-
dent in his annual message. ANY high
er duty that the Supreme Court could
perform than in leading the way in a
simplifeatiou OF procedure in the
United States court"
The President regards the reform Of
court procedure in the interests of the
poor man as second only in Importance
to the decisions which. the Supreme
Court will be called upon to max in
the great industrial cases pending be-
fore it. Of course Justice Whites ap-
pointment is highly gratifying to the
Democrats,
Although a Southerner Justice White,
as his record on the bench shows, has
strong Federal ieanings. He sided with
the minority n UNFOLDING the income
tax when it was tested under Grover
CleVeland's administration, and lie also
sustained the government in the insular
cases. In the Northern securities
merger case. however. he Joined with
the minority in deciding against the
government. These are the most strik-
ing cases in which he has participated.
Justice whites Life.
Justice White was born in the Parish
OF Lafourche. La, on November 9. iS45.
As a youth he served in the Confed-
crate Army and took part in opera
about Fort Gibson. He is a Cath
Ole. having been educated at Mt. ST
Mary's Jesuit College at New Orleans
and at Georgetown College. In addi-
ton to practising law he was engaged
in sugar planting in Louisiana for a
long time. He was admitted to the
Louisiana bar in 1868 and was elected
a member OF the Legislature of that
state in 1874. In 1878 he was oppointed
associate Justice Of the Supreme Court
of Louisiana.
Later he retired to his law practise
again and became the leader of the
bar In his State. In 1891 he was
to the United States Senate,
until 1894, when he was APP
pointed associate justice by President
Cleveland. He is now the Oldest Justice
on the bench with the exception of Jus.
tice Harlan. who has already passed
the retirement eligibility age.
The advancement of Justice White
places an ex-Confederate veteran in
the highest Federal post in this
country. Associate Lurton. who was
also appointed by Mr.. Taft. is a Con-
federste veteran
The selection OF Justice White means
that Elihu Root probably would have
been the next chief justice of the
United States if New York state had
not gone Democratic. The one objec-
tion that the President had to Mr..
Root was his & He, however. is only
ore year older than Justice White and
undoubtedly the honor would have
been conferred upon him had it not
been that the surrendering of his seat
in the Senate would have meant the
election of d Democrat as his successor.
The other Appointees.
Judge Willis Van Devanter was born
in Indiana and is NOW 81 years Of age.
He was a graduate Of Asbury. now
DePau University. and was a graduate
Of the Cincinnati Law School in 1881.
After three years Of practise in Indiana
he moved to Chey aane, WNo., where
he YVES commissioner to revise the
Wyoming statutes in 1885: city attor-
ney 1888: member territorial iegls-
lature and chairmaa Of it's judiciary
committee, 1888; chief justice of the
supreme Court of Wyoming from 1889,
by appointment. while it was a terri
tory and by election after 1t became Il
State. He resigned from the Supreme
Court to resume the practise OF the law.
In 1897 he was appointed assistant at
torney- general of the United States and
assigned to the department of the in
terror. In February, 1903, he was APP
pointed United States circuit Judge Of
the Eighth Judicial circuit. He was a
professor Of equity pleading and prae-
tise and equity Jurisprudence in Co