New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-12-13
THE JUDICIAL APPOINTMENTS.

The appointment of Justice Edward
| y. White TO be Chief Justice of the SUI
preme Court causes some surprise be-
cause of President Tafts well known
desire TO name q man who would PROP
ably be able To serve for many years.
Doubtless the President regrets the fact
that Justice Whites age makes long
tenure of his new post improbable; but
owing to the appointee's established
reputation as a iurist and his long ser
vice in the court his influence as its
head will be felt in full almost at once,
whereas that measure of authority
would he delayed in the case Of one
who had experience and reputation on
the bench still TO gain Moreover, JUS
tice White is of vigorous constitution
and has an expectation Of life beyond
the ordinary.
Justice Whites appointment illus
trates the non-partiSan spirit In which
the President has regarded his duty of
filling the bench. The fact that Demo
crat had been Chief Justice for many
years did not deter him from naming as
his successor Democrat whom he
deemed 30 be the best man. all things
considered. for that great post. Neither
las Justice Whites position upon such
important industrial questions as are
likely to come before the court stood ID
the way Of his promotion. He wrote, 1t
will be remembered, the dissenting opln-
ion in the Northern Securities case,
which. had it prevailed, would have left
tie federal government powerless TO
deal with the holding company device
for effecting combinations in restraint
of trade From this it must not be as
sumed that the new Chief Justice is. a
reactionary. for he has frequently up
| ED the antitrust act. He is a broad
minded iurist. and though the tradi-
tional states rights attitude of his party
apparently led him TO his conclusion in
the Northern Securities case, he is capa-
bic of seeing national problems and
duties i'll the light of new conditions, as
his position in the lnSular cases showed.
The new associate justices are nat
urally less widely known. though Justice
Van Deyanter has been highly es-
teemed member of the federal bench in
the West and has tried several of the
important trust cases. among others the
Standard Oil case, now before the Sill
preme Court on appeal; the fact that it
is on appeal from his own decision may
prevent his sitting when the case is
heard in Washington. The choice Of
Justice Lamar keeps the Democratic rep
reSentation in the court from being re
duced as a result of the death of Chief
Justice Fuller. II the Senate confirms
the appointments of Justice Van De-
vanter and Justice Lamar the court will
consist of six Republican and three
Democratic judges.
The appointment of Chairman Knapp
of the Interstate Commerce Commission
as member of the new Court of Com
melce springs from n desire to secure on
that bench special knowledge of the kind
Of cases which the court was created 10
decide IL had been expected that adj
ditional members of the Interstate Com
merce Commission would be appointed
Ia the court, but the President probably
felt that to take its chairman was as
heavy a draft upon its membership as
was feasible. in view of the important
railroad freight rate eases now pending.
AS it is. two new members will have to
take up these cases. the consideration Of
which is already we'll advanced. Both
new commissioners. however. are ex
perienced liz railway regulation Pro
fessor Meyer is chairman Of the Wis
consin State Railroad Commission and
u recognized authority on railroad ques-
tons Mr.. McChord is less known to
the public generally. but seems to be
highly regarded in the circles of rail
road regulation. being member Of the
Kentucky Railroad Commission and
president of the Association Of State
Railroad Commissioners.