The Washington times., 1910-12-12


ed
The selection Of AIr, Meyer. Of Wis
consin- for the Interstate Commerce
Commission. is regarded as likely to be
particularly satisfactory TO Senator
La Toilette, and possibly TO take 0ff
some OF the edge Of any hostility ne
might entertain toward other nomi-
neeS.
In the last hours before the names
were sent TO the Senate. the Presiden-
tial slate was changed by the substi-
tuition of Judge Carland's name for
that OF Arthur C DeniSon, Of Michi-
gan This change was made because
the appointment Of Mr.. Denison would
have given Michigan three circuit
judges. decidedly more than its fair al
lOtmenL
Subject TO Scrutiny.
Conjectures as to the probable attitude
Of the Supreme Court toward great
pending cases are about as difficult, with
tse complete bench now known as they
were before the nominations were made
As is usual in such cases, the judicial
records and past affiliations. and pre-
elections OF nominees for the bench
are being subjected 10 the closest
scrutiny.
Justice White, though a Louisiana
Democrat IS probably second TO no
other member OF the Supreme Bench IN
the vigOr OF his federalistic views He
preference to Mt Justice Hughes. Of
New York, because of the President
conviction that his longer judicial eX-
per1enCe. better equipped him for the
executive work Before he was appoint
ed 10 the Supreme Court by President
Cleveland he was Senator from
Louisiana
President Cleveland had tried to
select a Justice from New York but
Senators Hill and Murphy had been
unwilling to permit the confirmation
2 h..
upon. Mr. Cleveland CirCUmvented thet
Senator's by selecting a Southern
Democrat who. under the Senate ira
dition that a Senator is good enough
for any Office on earth, was TO be
, INN eGtatcly confirmed
Justice White, as Senator, took an
important part in framing the inter
state commerce law OF 1887
In all consideration of prospective
decisions by the Supreme Court the
historic decision OF the Northern Sc
curtties. case is most commonly made
a basis from which 20 judge the dis
position of the court In that case,
Justices Harlan. Brown, McKenna.
Day. and Brewer sustained the Gov
ernment'S contention, Chief Justice
Fuller and Justices White, Peckham,
and Holmes diSSented-
As the court win stand. If sOday's
nominations are confirmed, il viii in
clUde four members, Harlan, AcKeHna,
Day, and Van DeEanteT- who sided with
the Government in that case and two,
Chief Justice White and Justice Holmes
who diSSeuted- That is. the court has
lost Justices Brown and Brewer. from
the side which sustained the Govern
ment. and Justices Fuller and PeCEhau,
from the side which opposed the Cover IL
ment- and BIS gained Justice Van De
TanteT. who sided with the Government
The difficulty Of making EueSSeS as TO
how the court viii stand in other cases
involving the general questions under
the antitrust law, is obvious
Judge Van Devanter's Career.
Justice Vim Devanter came 10 Wash
General for the Interior Department
President Mckinley had intended 20
make him Solicitor General, but tins
proved Impossible. and he was given the
POSITION in the Interior Department
When he went there, the work OF
his office was four years behind, and
when he left, two years later on his
appointment TO the circuit bench O[-the
Eighth circuit II was Up TO date
As A circuit judge, ne has sat IN
the circuit in which the Department
Of Justice has preferred 10 bring its
law. because OF the belief that II was
the most radical bench in any circuit
Justice Van DeV1nIeT sat on this bench
when the Northern Securities case was
tried. and the circuit bench was unan-
imOUsly in favor Of the Government
He also sat on the same bench when
the Standard OIL dissolution case was
Is presumed that this viii make il i'm
possible Tor him to sit in the same case
In the : Ipreme Court