The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-10-20
U. s. SUPREME COURT.

The New York Evening Post had
the following interesting editorial:
Such tributes as have been called
forth by the death of Judge Harlan
help laymen TO understand why law
yers regard an appointment to the SUI
preme court OF the United States as
the blue ribbon Of the profession. 1t
is not, of course, a question of money
rewards; they are to be looked for
elsewhere. The statement is made
that Judge Harlan, even after judic-
aal service of more than thirty years,
leaves but q small estate. For large
part Of the time that he was on the
bench, he was clearly underpaid. SAL
aries Of federal judges have recently
been somewhat increased, yet are still
smaller than they should be. But the
opportunity and the distinction which
the supreme court offers have always
been rightly felt to be Independent of
anything pecuniarY. What they are
we see Illustrated In Justice Harlan.
They are an appeal to the noblest am
bition. To be able to spend years in
studying and applying the principles
OF the supreme law of the land, and
in doing ones part to uphold the hon
orable tradition whereby the decis-
ions OF our highest court are made
continuous and yet responsive to pub
lie needs as they arise: to be animated
by the sole desire to do justice, and,
in doing 1t, to make the country safe
and strong-when all this has been
considered, 1t is not necessary to
speak of the dignity or emoluments
Of the supreme court in order to I'M
derstand why any member of the
American bar should feel that the of
fer Of a position in that court Is the
highest honor that can possibly come
to him.
The death Of Judge Harlan height
ems the already sufficiently remark
able part which President Taft has
had in reconstituttng the supreme
court. Within the first half of his
term In the presidency 1t fell to him
to appoint four associate justices, and
to name the chief Justice; and now
with the choice Of a successor to
Judge Harlan Mr.. Taft will actually
have selected a majority OF the SUI
preme court. This is unexampaed
since the original nomination of the
first supreme court of the United
States by Washington. 1t might be
regarded by some as almost a special
Providence that this remaining of
our highest court should have devolv-
ed upon a president who had himself
been a federal Judge, and whose ven
GRAFTON for the supreme court he has
testified to on so many occasions and
in so many ways. II Mr.. Taft could
have followed his own preference, in
nAsm Of wxyIam he #oIe -
his duty, he himself would have been
q supreme court Judge. In that court
Ii is now to be presumed that he will
never sit; yet he certainly will be en-
titled to the satisfaction of knowing
that his mark will long remain writ
ten upon 1t.
There is no probability that the
president win designate Judge to |
succeed Harlan untia congress meets. |
He may not be ready with nomina-
ton even in December. A great deal
Of advice, however. IL already show
cred upon Mm In the newspapers;
names are suggested, and the princi-
pies upon which he should go In maxi
Ing his selections are indicated. II IL
said that he must pay great heed to
locality, choosing the new Judge from
the right" circuit or section. Polit-
icais considerations are frankly put for
ward: 1t might be good tactics for
the president to appoint a justice who
would be pleasing to the progressives.
Some argue that a republican having
been named to succeed the late Chief
Justice Fuller, democrat should now
be named to follow Judge Harlan. A
dozen other hints or recommendations
are given the presidential of which
he should, in our opinion. entirely
disregard; and 1t is probable that he
will.
The search for . fit man to go upon
the supreme couEtAench may be long
and difficult, but abour the light which
should burn in the lantern with which
ne Is looked for there need be no doubt
whatever. Arguments from locality
ought to be given very little weight.
II fs, indeed, tentatively desirable that
each OF the circuits should be repre-
sented: and IL candidate. otherwise
admirably qualified, should chance to
live I'm q circuit now without d Judge
that would be one thing more III his
favor. But presidents have frequent
IN set aside such considerations of
residence, and there il no reason WHY
Mr. Taft should be swayed BY them.
Politics should be wholly left out Of
the question. The task Of the ap-
pointing officer Is merely to discover
the man who, on the whole, appears
to be best fitted to do the work de-
naanded Ok a supreme court judge.
Legal attachments and character
naturally stand first IN the list Of
qualifications judicial experience Ii.
OF course rechoned Of high value. but
II ID not Indispensable. a man may
have Anlinently the judicial mind
without ever having been Judge.
sum was the case DIT Justice Miller.
long en- ornamenf OF the supreme
@ourt. The question of are Ii irnport-