The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-12-29
Villa m C. Ho ok, Of
Kansas, Likely to Sue
coed Justice Harlan.
BELIEVED TO BE
CHOICE OF TAFT
Secretary Nagel Is Eliminated
From List of Probabilities Be-
cause of His Age-Hook
Never Active in Politics,
but Is Strong
Republican.
tspeclal to The Times Dispatch

. 100 tSpSNiai W ! He 4lIncE-DlSPGtCh,J
& Washington. y. c.. December rs
William :. Hook, of Lcavenworth,
Kan. Judge OF the United States Cir
cult Court in the Eighth Circuit, prob
ably will be appointed 10 the United
states Supreme Court to MI the place
OF Justice John NJ Harlan. of Ken
lucky. II was learned to-day that Prcsi-
dent Taft practically has decided 20
aclect the new Justice from the Eighth
Circuit, and that Mr.. Taft Is pow In
elined to regard Judge Hook more ia
Yorably than other candidates.
Mr.. Taft also has been seriously con-
sidering tho appointment OF Charles
Nagel. his Secretary of Commerce and
Labor. but Mr.. Nagcl Is sixty two years
old, and President Taft haS told his
friends ne desires to appoint a young
er man to the bench Mt this time. 1t
always has been the Presidents con-
tention that he ought to name a man
under sixty years OF ago to the su-
preme bench. Justice Lurton. OF Ten
nessce. is the only instance in which
Mr.. TAFT has departed from this rule,
not counting, of course, his appoint
ment OF Mr.. White as chief justice.
Long Experience.
Judge Hook has had moro than elcy-
en- years experience on the bench
and has participated In some very Inn
aportant decisions. lie was appointed
to the United States District Court in
Kansas by President Mckinley in 1899
and was advanced to the United States
Circuit Court by President Roosevelt
in 1908. Judge Hook was the only
member OF the bench OF the Eighth
Circuit which sustained the United
states government in the recent dec!s-
ion in tho Union Pacihc-S Southern Pa
cifC suit Judge Hook also partici-
pated in the Circuit Courts decision in
the Standard OIL cnse and several CT
his decisions OF The antitrust law. no.
tably his statements that moro bigncsB
does not constitute a violation OF the
law. often have been quoted by Attor-
ney-eneral Wickersham In his briefs.
Judge Hook is about nfty-dve years
old. He was strongly urged by Repub-
cans of Kansas. including the pro-
srcssives. for appointment 10 tho Su-
preme Court when Justice Brewer
died. He never was active In poll
tics. having stepped directly from the
active practice OF law to the United
States bench. He is. however, a staunch
Republican The Republican progress
sives OF Kansas regard Judge Hooks
candidacy with satisfaction and have
urged his appointment.
Frank b. Kellogg, who represented
the government as counsel In the
Standard OIL case. also has been
strongly urged for the Supreme court
from tho Eighth Circuit The Third
Circuit. which contains the States of
Delaware New Jersey and Pennsyl-
vania, now Is without representative
on the Supreme bench, and they
have had strong hopes of be,uS ablo
to land The vacancy.
1t was learned to-day that Judge
George Gray. of Delaware, and Judge
swayz ,e. of the Supreme Co ~. Dr
New Jersey. have been urged for the
place from that circuit
yfrEtninn Urged.
The Fourth Circuit. including Mary
land. North and South Carolina ana
the two Virginias. also is without rep
resentatves on the bench at present.
Judge A. G. Dayton. of West Virginia,
and Judge l. L. Lewis. OF Virginia,
also have been urged upon the Pres
ldent.
Justice Harlan. whose death has
created the vacancy in the Supreme
Court, came from Kentucky, which g
In the Sixth Circuit. That circuit
Is already represented on the bench
by Justices Day and Lurton.
Among the other candidates that
have been suggested to Mr.. Taft arc
Judges Francis f. Baker and t. 4.
Meyers. of Indiana; Judge Owen n.
Carter, of Illinois: Judge John d Win
slow, Of Wisconsin: Judge Henry ID.
Harlan. of Maryland; Senator Borah.
or Idaho; Judge Horace e. Deemer. of
Iowa; senator Sutherland. of Utah, and