The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-12-14

bar and had no experience on the bench
when appointed to succeed Justice
/ Brewer.
Philadelphia Ledger: Justice White
with the exception Of Justice Harlan,
who is in his seventy-eighth year. and Is
probably near retirement-is the eldest
member of the court in service, bu,
among the youngest in years, and is ex-
eelled by none in the breadth and fuIIness
Of his judicial equipment Since the
lamented death of Fuller and OF Brewer
there is no man better qualified to carry
on the authority of this great tribunal
At his appointment in 1894. Justice White
had been Democratic Senator from
Louisiana After sixteen years in the
supreme Court it seems impertinent TO
speak of mans politics, even II the
traditional party distinctions were still
recognizable. If Whites political an
cestry were traced it would probably
prove TO have been Whig. In the income
tax decision and in the insuIar cases he
was not a strict eonstructionist.
New York Tribune: Justice Whites ap-
poi1tment illustrates the nonpartisan
spirit in which the President has regard
ed his duty of filling the bench. The fact
that Democrat had been Chief Justice
for many years did not deter him from
naming as his successor Democrat
whom he deemed to be the best man. all
things considered. for that great post
Neither has Justice Whites position upon
such important industrial questions as
are likely to come before the court stood
IN the way of his promotion. He wrote,
1t viii be remembered, the dissenting
opinion in the Northern Securities case
which, had 1t prevailed, would have left
the Federal government powerless TO deal
with the holding company device for ef-
fecting combinations in restraint or trade
From this it must not be assumed that
the new Chief Justice is a reactionary.
for he has frequently upheld the anti
trust act.
Philadelphia Record: In the more
notable decisions in which he has par
dcipated, the CHIEF Justice has shown
that his legal convictions are not infiu-
enced by his party affiliations. The fact
is that on account of the sugar interests
Louisiana in Congress has occupied a
position between the two parties. In the
income tax case Justice Whites action
was in accord with the general sentiment
OF the Democratic party, but in the in
sular cases, involving the relations OF the
nation to the Philippines and the North
ern Securities case, the justice did not
reflect the opinion Of his party.
The present appointment makes an ex-
Confederate the head of the court. The
country. however. has fully outgrown its
apprehensions of Confederate briga-
diers" Chief Justice Whites original ap-
pointment to the court was due to his
mastery of the civil law in distinction
from the common law.
Cincinnati Commercial-Tribune While
the promotion of Associate Justice White
will bring disappointment to many per-
sons who regarded former Gov
Hughes. of New York. as the logical
person for Chief Justice of the United
States Supreme Court. the decision of
President Taft in this important matter
PROFESSIONALLY will prove satisfactory. II
is 10 the credit of American ideals of
self government and 10 the character of
jurists attracted TO the most responsible
posts in the service of the government
that the elevation of any member of the
court would be perfectly safe expert
ment.
In placing a Democrat and a South
erner in the chair OF the Chief Justice,
President Taft accentuates his belief in
the practical elimination of politics
from the Judiciary of the nation. The
fact that no other President has named
for Chief Justice a member OF an oppos-
ing political party is immaterial.