Evening journal., 1911-01-24


It has always been the popular pre-
sumption that since the time when
John Marshall was appointed Chief
Justice of the United tSates (that is
the legal title for the office of Chief
Justice of the United States (that is
one person has ever declined the offer
of the chief sticeship-Senator Ros-
coe Conkling of New York. It was
widely published at the time of the
incident that President Grant had Of
fered the post of Chief Justice to SEN
ator Conkling. The letter in which the
offer was made was preserved as one
Of the choicest of the papers which
came into the possession of Senator
Conkling's literary executors.
But the popular belief that Senator
Conkling is the only man who ever re-
fused to become Chief Justice of the
United States is erroneous, and / have
for my authority for this statement Mr.
George r. Parker, the biographer Of
Grover Cleveland, a close friend of Mr..
Cleveland's for nearly thirty years. and
one of the few friends admitted into
perfect intimacy with Mr. Cleveland.
Mr.. Parker not only tells here, for the
first time in print, who the other man
was who refused the chief justiceship,
but also how it came about that Mel
Vile w. Fuller became Chief Justice
of the United States.
After the death of Chief Justice
Morrison r. Waite in the latter part of
Mr.. Clevelands first administration, -
said Mr.. Parker. ''Mr. Cleveland. after
giving much thought to the nomination
OF his successor, decided to name John
G. Carlisle for the post, provided Mr..
Carlisle revealed a willingness to ac-
cept the honor. Mr. Carlisle. at that
time. was Speaker Of the House Of
Representatives, and Mr.. Cleveland
had come TO entertain a very high re-
gard for him as a parliamentarian, a
legislator and lawyer.
Having arrived at this decision by
taking counsel wholly with himself,
Mr. Cleveland took the first oppor-
tunity to place before the Speaker of
the House his desire to place him on
the Supreme Court Bench, and in the
highest place on that bench. Mr.. Car
Isle greatly appreciated the tentative
Offer but he decided that it was not
expedient for him to accept it; very
likely. he had in view political career
of different kind. one with vista
that reached to- the White House IT.
self. But this much is certain-had he
been willing to accept the Office, he
and not Melville L. Fuller-would have
become the country's Chief Justice In
1883.
Nor. presume. is it generally
known that after Mt Carlisle declined
the chief iusticeship. the President fol
some time seriously thought of ap.
pointing 10 that great office the late
James G. Carter of New York, then re.
! garded as the leader Of the American
bar. in whose office Associate Justice
I Charles u. Hughes received his frs
experience in active legal practice
But finally, after he had also seriously
thought OF calling Edward ]. Phelps
home from the court Of st. James tC
take the post, he turned to Melville E
Fuller, of Chicago.
what definitely determined Mr.
Cleveland 70 select Mr.. Fuller for Chiei
Justice were certain representations
made TO him by members of the Su'
preme Court. They said 10 him that a
man. to be successful as Chief Justice
OF the United Statse. should have in ad.
dition to great legal learning and a
high judicial capacity, great executive
ability. Under Chief Justice Waite, they
delicately intimated great lawyer
though be was. the business of the
Supreme Court had Jagged, so that II
was about three years behind the dock
ct.
"A1r. Fuller had been recommended
to President Cleveland not only as q
very able lawyer, one with fine judi.
cial mind. but also as business mar
of unusual capacity. Had he chosen a
business life instead Of the law, his
sponsors declared--and probably cor
rectly-he would have gained distin-
guished success as an executive II
was this qualification, and this chiefly
that led Mr.. Cleveland after his talks
with members Of the Supreme Court
10 appoint Melville r. Fuller Chiei
Justice; and It gave him no small de-
gree of satisfaction afterwards wher
be learned from members Of the Su'
prsme Court that under Chief Justice
Fuller the executive arrangement oi
the Supreme Courts businss had beer
so adequately perfected as 10 enable
the court no longer to lag In the dis
position Of cases
Copyright. 1911, by E. J. Edwards Al
Rights Reserved.)
Tomorrow Mr.. Edwards Will tel
@How John G. Carlisle Was Offered
- - II.