The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-07-05
CHIEF JUSTICE FULLER DEAD
co.. HiGHES PROB am TILL
~ ~ ~ PREbS BENCH
rrr,r..rt Tau ndrr~tOod To Have De-
,ut,dI pan Nr~ Nork Executive I.SnE
-, i"r thirT .iustirr should
\,,aurN Occur Nuhin IlI> Term.

FL.
...... .,...r her. .,.rlv TN, morning
lH.r'r u,d long suffered from
.- .i.-,' .-.. and hI- d'. ia wa dtl,, To-
..r" .rruCht IA bv ths' disorder
...irr had -I@ut his summers at
'.r many years H- came herr
-.lug'nn only few days ago.
...N Mass July I Unless there
u.yplutionary chang" IA Pr,,Sl-
. I.''- way ~ thinking before next
,r ut unless there - some un.
'.r act ~ God a. th.. lawyers
...t' would max" It impossible. Charles
.i.- .- now tio,rIuur ~ New Nurk
Poe. neat chief Justice of al.
.....t States -u,r,a.dtuc Melville "
... Ntu dl"d to- day at Rar llarhur
' rr.'- dent iaii N"r" Hni" to act to-
...rN or next week IN sending in the
...., z man To 'ill the vacancy IN the
...f Iy-'lC'~.hlp Their" - not the slight
.'. ....u, lu the world that he would select
.. IiIgr.~
'rrrugh It - hard To- speak Of course
~,.nat" II the United states that
affirm such "A nomination. there. -
.. ,.,-nu e. think that II would fail ;u
.F~.Irh a choice hy the chief Executive.
..u'u- way max" difference hut
g.. Eu' % >.-'u- improbable
. ft'~' VINO p.Eif - SNOW the
u'rl,.- that GOV. Hugh"- will h.. th..
... p. -uc,,-d chief Justic" Fuller.
.,... go ~ far. IA fact ~ To- -ay that
.r Nr Taft ,fi-r..d L,m the. A--ociatt.
.,'~iIp On IN" Supreme Cnurt bench
.r -uruE. which va accepted. he IN
....',.i th" Feasibility that D." mgh'
aide - writ" IN IN" nomination chef
.....r,.- instead - -A~~uclat.. Justice,
~ rIe New Nurk Governor 'h- Pr~,I-
..' thinks most highly T. some few
....rH- on the n ght that he sent la, NOM
....u tu the Ssuat. h. confirmed THAI
.. fought n was great thing 10 have
" upon that bench a man who had the
edge of the law. that insight into
ness AFFAIR." and that familiarity with
'Iril conditions which the Governor
... acquired in Ia wears Ia public life
...., private law prac'tc"
nose who know th" President are frank
laying that hr thinks Few men ar. -"
I'D equipped a. = th" Executive 81 New
rrk state to assume the lahor~ lard dow u
day Nv Chief Justice Fuller
That the Pre- dent and those about hum
at the nominations which he must make
the supreme Court dbo," aluu-, any
her thing which he can H.. called upon
o.. DO while h.. - Pre- dent none ~'p
s.uws Would disput"
" Cambridge today while the Pr-.i-
,.' was -u"aking gr-ar -iuca'ur
Id attention to the fact that y,.-haI-
ie-tiuy 81 the nation hung upon the
e. oiutmsnts to that court 10y Pr..~II,..t
',' How much greater. SAID tins man.
49, the question Of the composition II
..s' court than Were. matters Of l-gi-la-
'..r which nigh, last for two year. aud
t.. he overturned 10y con gr-Ss or 10y
... supreme Court
a. Pr,.-i t'.0f has tuiut. out in
..'cn-s that IA" great problem which
fronts the nation l. that Of socialism.
problem Of rights "f rrpp"rty and ~"
hits Of inllvI iual-. 80" question u.
.a"thsr the one. shall triumph and the
Ion shall revert To- communism and
art anew or whether q -hall forge .lh.ai
9TH the individual effort which has ma ~
great.
Two most important casas. som" say
10 most important IN a SCORE nf wears,
.,rs To be- deci lei by the supreme Court
raXt winter. Upon n" decisions ia
these caeas the Administration feels the
future history OF this country in an in
irstrial way d.p-nd- The Supreme
ourt may say for the fret time in the
history OF the Law just what monopoly il .
.rIsiness cat expand without coming into
.Yuhict with the sherman antitrust law
-rr thsss reasons Il for no other the
/ .rs-ident will proC--- wSh caution Ia
-~"rt new Justices 81 thar court.
he death 81 Justice Fuller and tho
.r.f atla romIr alton Of Gov. HuRhe. to
hief Justice Will l@av. yAcany in
rauks Of th. Associate J,stic,.-. Nv
% e Congress just pa~s.t Associate
.." Moody can retire. any time wr~nin
... r-N' fy- months That Congress
,-.". the bill authorizing his retirement
Do the know lei g- that b. would step
-. 10 pretty generally Understood.
|."u Nr Taft will have twotJustlres
.trn" one TO succeed % the place
. IA" death Of Justice Brew" made
81 ul.l -. vacant again when Governor
........, = nominated for Chief Justice.
lat O., Vhat will - done; the other
- Justice Moody Speculation
.-..u -if. for long time too about
...-' ,u.. ptiI"- Justice pf 'hs court
d. getting old and Who may quit
20. r-"-Id"nt will not make any new
....' 0"n'- until winter The supreme
90 . - not meet again until October
'r.'-. will - no great c..@'- up for
-.a. % = i.,hsyed. until a month or
..'.. ''. 80 time
... a. ,f.,ancy that now " Nists and
s..ultl, oIp"curd VII come into
..s .gnrrly When Ju,tIC" Moody
..., name, nave t@"n -IgRest"d
E-.rui'u' Among thpn ar'
..r.,,.-d Lloyd " Bowers.
.uIrt justice SWavla of New
.l r.dzr- Van D.yant.r Hook
.. 49, '1, Eighth Judicial Cir