The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1910-07-06
MANY HELD TO
Be INELIGIBLE
Barred From Vacancies on
the Supreme Bench.
INVOLVED In TRUST CASES

Mary CT Those Mentioned for Posi-.
tions Participated as Attorneys or
Judges in Matters Awaiting Decision
by Highest court-Taken for Grant
ed That Governor Hughes Will Be
Named as Chief Justice.
Washington, July 6.-It is taken for
granted in Washington that Governor
Charles f. Hughes of New York will
be named as chief justice of the Unit
ed States supreme court in succession
to Melville w. Fuller, who died at Bar
Harbor, Me. Based upon the good
opinion that President Taft is known
to entertain for him there is talk that
the place may go to Lloyd w Bowers,
formerly of Minnesota, solicitor gen.
eral of the department of justice.
The general impression, however, is
that the Office will be rendered to Mr.
Hughes.
That there will be two new faces
on the bench this winter is practically
assured.
Under the most favorable circum-
stances there win be only eight JUS
tees on the bench in October and this
includes Associate Justice Moody, who
is still on the invalid list But should
Mr.. Moody. finding his improvement
to be slower than he and his friends
hope it to be, conclude to avail him.
self of the privilege of retiring with
full pay there will be two empty seats.
Mr.. Moody has five months from the
date of the passage of the special act
| of congress, introduced for his benefit
about three weeks ago, to decide on
his course.
To Confirm New Justices.
/ The general expectation is that he
will retire. With only seven justices
it is regarded as doubtful whether the
court will proceed to the consideration
of the Standard oil company and
American Tobacco company cases, es-
pecially since the court, in ordering a
reargument, announced that it was to
be before full court. Therefore, un-
less it becomes known that the court
will defer reconsideration of these
cases until December or January, by
which time the senate can have con-
firmed new appointments, discussion
of the advisability of an extra session
of the senate would seem to be in or
der. At any rate. it appears safe to
conclude that if there shall be no spe-
cial session the court will postpone
the antitrust cases to the time sug-
gested.
Assuming that Governor Hughes is
to become chief justice the president
will have a new associate justice to
appoint in his stead.
The first man thought of in this
connection by men who have evinced
an interest in the filling of supreme
court vacancies is Lloyd W. Bowers.
Certain public men and others who
are in the confidence of the president
are strong in the belief that Mr. Bow
ers, sooner or later, will be appointed
to the bench.
Many Declared Ineligible.
Taking 1t for granted that the presi.
dent intends to make supreme JUS
tice of Mr.. Bowers the only disquali-
fication which may be urged against
him at this time is that he argued the
corporation tax case for the govern
ment when the constitutionality of the
new excise was questioned by various
corporations a few months ago.
1t is on account of his connection
with the antitrust cases that Attor-
ney General Wickersham assuredly
cannot be considered for any imme-
diate vacancy on the bench. Mr..
Wickersham, with Frank b. Kellogg,
special counsel for the government,
submitted the arguments which were
designed to convince the court that
the Standard Oil company and the
| American Tobacco company had been
violating the Sherman law.
For reasons equally potent, though
| not exactly analogous, the president
doubtless will consider ineligible sew
eral CT the judges of the Eighth cir
| cult who have long been aspirants for
elevation to the supreme court.
These men are Walter III. Sanborn
| of ST. Paul. Willis Van Devanter Of
Cheyenne, Wyo., and William C. Hook
| of Iaavopworth Kan whn with FL
| mer B. Adams of ST. Louis, the fourth
of the eight circuit judges, decided
| the Standard Oil case in favor of the
government before an appeal was
| taken to the Supreme court.
Drowned In Sinht of Hundreds.