The San Francisco call., 1910-12-13
SENATE erred
IN Confirming
Whites name
Nomination of Chief Justice In
correctly Worded, Say
Washington Lawyers
Democrats Given Advantage in
Appointments Made by
President Taft
TSpeeiol Diseoieh to The Call

-iN0' associate justice and a demo-
crat from Louisiana. was today nomin-
ated for chief justice Of the supreme
court Of the United States" by Presi-
dent Taft. The wording OF the nomin-
alton was an error. according to mem
oers OF the supreme court. They say
that there is no such office as chief
Justice Of the supreme court OF the
United States"
According to the constitution, the Of
Tee to which the president intended to
appoint White is chief Justice of the
nited States" All tie orders and de
rrees Of the supreme court are signed
lhe CHEZ Justice Of the United
states"
Attorney General wiczersbam e.
vas stated, forwarded the nominations
70 The White House I'm the proper
FORM. lie WIS aware that the nomfua-
non sho-ld have been for "the chief
Justice OF the United States" and not
-or 'chief i1stice OF the supreme court
Of the United States.
Inc caa"ge must have been made
aLler TIE = peres left the attorney gen
eraL NJ A.-e some Of the members of
The se-a-e we're inciind 10 minimize the
error = 1 said that the members OF
me suDr--1e court regard il seriously.
l1oWeFer. The damage can be reuaired
ny makifS the necessary change in the
''fnIIllssion- Before the error was dis
covered. the senate had confirmed Jus
zee whites appointment as chief jus
rice
seldom IN the past have judicial an
'Ln frellts been awaited so eagerly as
'n The present instance seldom he's a
PRESIDENT been called on TO make al .
fnlll -fnents that win have more to d Z,
WIN the future Of the country. In
'ie Northern Securities case. regarded
sooa test by which TO Judge the
LeIlperanlent Of the present members
~ the court with regard to the trust
problems, Judges Harlan. Brown Nc
henna, Day and Brewer sustained the
government in the demand for a dis
solution OF the combination. Chief
lStce Fuller and Justices White.
Peckham ard Holmes dissented.
As the court VIII stand. Il the pres
e1t nominations so through. it will in
rGde three members who sided with
the government at that time-Harlan
Achenna and Day. In the lower court
underwater also upheld the govern
ment contention. just as he did later
DO the STANDARD oil case. That makes
Jour for the government In other
words the government has lost two.
i Justices Brown and Brewer. who up
held Its contention with regard TO
trusts. this loss being Offset by the
deaths of chief Justice Fuller and Jus
lice Peckham. who favored the other
side.
BAD FOR TRUSTS
II would seem. therefore. that with
y andevanter added TO the court. the
eoVernment would be in a good posi-
ton 10 try its two big trust cases.
Gle Standard oil and tobacco trust.
fl1arr
@- It's not at all certain. however,
tlar nominations outside Of Chief Jus
t--e White, viii be Immediately con
flmed.
Insurgents say the appointments
were a surprise TO them. Sena tors
Fummins Of Iowa and Borah Of Idaho
had been asked - the president TO in
neStigate certain names on the Judicial
list. They investigated and reported.
None of the names on which they made
"a report was included in the nomina-
tions. The insurgents. il is said viii
carefully investigate all the men who
have been named by the president. with
the exception. Of course Of Chief Jus
tee White.
Judge Hunt for the commerce court.
classmate Of President Taft. VIII 20
through without opposition. He W
Investigated previously. when appointed
20 the customs court Of appeals. There
may he some opposition 20 the selection
n Chairman Knapp Of the Interstate
commerce commission. since lie is re-
garded as a conservative. and his re-
cent speech relative 10 better treatment
~ the railroads is not relished by the
.lsurgents.
The appointment sto the interstate
oomn1erce commission are considered
progressive" Both McChord and
Never are considered excellent men.
Never is 2 friend Of Senator La Fol-
-rtte. IT was probably to consult with
egsrd to the appointment that the
president sent for the Wisconsin sena-
tor La Toilette evaded an interview
beg writing letter expressing his
views
The insurgents natura lly viii not OBJ
ject TO Meyer Mack, 4 democrat was
opposed for appointment to the COM
lnerce court by senator CullOm of 1llf-
nois Cullom wrote the president stat
ing frankly that an appointment of a
democrat, with so many republicans to
choose from. would hurt the republican
party in Illinois
Altogether. the democrats seem to
have the best end Of the bargain. They
got the chief justiceship. an associate
5usficeship. two places on the new
court % commerce. which will hear ap-
peals from the interstate commerce
commission one place on the inter
solicitor genera lship. AS one senator
put IL. This certainly looks like a dem
ocratic year"
WHITE CONFIRMED
The senate confirmed today the nom
snation Of Edward Douglas White of
Louisiana TO be chief justice of the
United States
Accompanying Justice Whites name
IN the list Of nominations We're those
OF Justice Willis Vandeventer of wy
orning, now a Judge Of the eighth ju-
diciaI circuit and Joseph r. Lamar Of
Georgia, formerly of the supreme court
Of his state TO be associate justices of
the supreme court of the United
States.
No action was taken in their cases
although there is no apparent opposi-
tion. nor was any attempt made to con-
firm the judges named for the new
court Of commerce. All were referred
10 the senate judiciary committee.
The nominations for the commerce
court were:
Martin A Knapp, chairman of the
Interstate commerce commission, for a
term Of FIVE years; Robert w. Arch
bald. United States district Judge for
the middle district of Pennsylvania