Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-07
D Low CLOSE WATCH KEPT HOOK Nj
ews of Eyes of Government Agents on Prospects
Steel. Indicted Men. Nominate
USlNESS IN CITIES FAR APART WHITE H0t
Hearings Between Thirty and Forty Arrests President Cons
Charles to Be Made Simultaneously. tn
tfy.
NAMES BEING KEPT SECRET RACE ISSUE
on n Capases Already Opposition to
uction of IS cused Of Completely Dyna- His Pos
uorL - .ho mite Conspiracy "Jm. c
Prospects for Supreme Court
Nomination Not So Bright.
WHITE HOUSE CONFERENCE
President Consults Four Members of
the Cabinet.
RACE ISSUE BROUGHT IN CASE
Opposition to Kansas Judge Based
on His Position on Oklahoma
"Jim. Crow" Car Law.

There was swift and rather startling
change at the White House today in the
prospects of the nomination of Judge Will
nam {. Hook of Kansas, federal circuit
Judge Of the eighth circuit, as sue
cessor to the late Associate Justice Har-
Ian of the United States Supreme Court.
The President had made up his mind to
nominate Judge Hook Monday, but de-
iayed sending in the nomination until to-
day. Last night there began to come to
the White House protests that brought
to the front the ''jim-crow' car laws of
southern states and squarely injected the
race issue. The President is today be-
ing bombarded with further kilograms,
Doth for and against Judge Hook.
rms morning. owing to the change in
the situation, the President called into
consultation four lawyers of his cabinet.
secretaries Knox, Stimson and Fisher and
Attorney General Wickersham. Secretary
Nagel, who may yet be named for asso-
cate justice. was not present. The situa-
ton was discussed for some time and
wnen the conference was over it became
known that the President had held up the
nominations again and Hooks chances
did not look SO bright.
Decision on "Jim Grow" Cars.
The latest and most vigorous opposition
10 Judge Hook is based upon a decision
OF the circuit court, in which he con-
CURED, sustaining the constitutionality Of
the Oklahoma lin crow railroad laws,
but In which it was decided that 1t was
optinal whether the roads should put into
operation separate dining and sleeping
cars for the accommodation Of negro pas
sengers.
The fight against Judge Hook that
A.,A n
determined to be without good basis was
based on decision by Judge Hook that
the two-cent railroad rate adopted by the
oklahoma legislature was confiscatory of
the the rights and properties Of the railroads
The President did not see that this de-
cls1on should interfere with his naming
or Judge Hook and let this be known.
IN the case that may now defeat Judge
aook' negroes of Oklahoma, Kansas and
other places united to test the constitu-
tionallty of the Jim Crow law. man
named McCabe became the plaintiff THE
position taken in the suit was that the
law was unconstitutional, but that II the
court heid that 1t was constitutional, the
negroes shouid be accorded identically the
same rights and privileges by the rail-
roads as white passengers-that is. they
shouid ne given dining cars and sleepinp
cars of their own
The decision. in which Judge Hook con.
CURED. was that it was optional with fhe
railroads whether they should put on
separate cars. much depending on the
amount OF business offered to the roads
by the colored Passengers.
Defense of Judge Hook.
Senator Curtis and Representative An
thony of Kansas hurried to the White
House today on learning Of the change in
the situation. and urged the President to
consider some papers on this very case
filed by them. Included in the papers Is
an analysis of the. McCabe case, showing
1t to have been not exceptional in any
manner, and identically in line with de-
cisions of the United States Supreme
Court.
Nar. Anthony stated that the plaintiff
in this case and all of the PLAINTIFF 5
lawyers, have telegraphed President
Taft that they were not adverse to
Judge Hooks nomination because of this
decision, and that Kansas negroes are
rushing kilograms to the White House
declaring their friendliness to the Kan
sas jurist.
Judge Hook" said Mr. Anthony, has
always been regarded by the negroes Of
Kansas and the west rs one Of their best
political and judicial friends, and until
this matter was sprung / never heard a
colored man speak unfriendly about him.
This seems to be big fuss out OF no.
ing. The opinion that is causing the
trouble is precisely in line with supreme
court decisions on similar questions
II Judge Hook Is eliminated, as 1t is
claimed, now seems probable, the Presi-
dent must go over the names he has on
his list for the Supreme Court nomination.
At the head of that list Is Secretary Nagel,
while Senator Sutherland of Utah is also
high up.