The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-01-02


Secretary of Commerce and Labor Ma
gel to-day stands better chance than
at any time thus far for appoint ment
to the Supreme Court OF the United
States to succeed Justice Harlan is tho
opinion expressed In well Informed
quarters.
The shift toward Secretary Nagel IS
DUG to the storm OF protest that Is
coming up from the country against
the proposed appointment OF Judge "
{. Hook, of Kansas. OF the Federal CIR
cult bench. President Taft Is being
visited with numerous objections 10
the naming of Judge Hook on tho
ground that his decision in which he
enjoined the authorities of Oklahoma
from enforcing a 2-cent fare order by
the Oklahoma Corporation Commission
has shown him to be united for the
exalted position OF Supreme Court jus
tice
Such is tho opposition to Judge Hook
that the probabilities are deter
mined effort will be made in the SEN
ate to prevent his confirmation II he
SHOULD be named. Powerful Senator'S
from tho States that arc vitality inter-
estcd in having the state laws as to
railroad matters upheld are not pleased
over the prospect of the Hook appoint
ment, and sentiment in their States Is
likely to drive them into fight against
confirmation.
Meantime President Taft has given
some of those who have asked about
the situation TO understand that the
appointment Is not yet foreclosed and
that 1t Is mistake to suppose Secro-
tary Nhgcl is out Of consideration.
To Confer with Wiclscrshnm,
The President still has to confer with
Attorney General Wickersham, who is
in Panama. Tho influence of the At
torney-GeneraI is cast in favor of Ma
gel. the two being close personal
friends.
AT various times since the beginning
OF the Taft administration there has
been protest against appointments TO
the bench. The appointment of JUS
tice Lurton brought forth storm of
protest. One of the appointments that
brought forth strong objection was the
selection Of Judge Archibald, OF Penn
sylvania, to tho Court of Commerce.
Another was that of Judge Hunt to the
Commerce Court. Threats OF oppost-
ton to confirmation were heard. These
threats did not materiallzc into effect
i've opposition.
While It generally happens that the
talk of opposition TO confirmation OF
judicial appointment In the Senate
does not go far. the present case is
Inherent from most others. Just now
there is the utmost interest in many
states in the question of State regula-
ton of the railroads. Also there is the
utmost interest In still broader qucs-
ton, the right of the Federal courts
freely to enjoin the enforcement of
State laws.
Nebraska is one of the States where
there is much feeling over both these
matters. Governor Aldrich. OF Ne
hraska, has protested against the ap-
pointment of Judge Hook on account
of the attitude he has taken on the
2-cent fare question.
The Minnesota Railroad and Ware
house Commission protests on like
ground. specifically because Judge
Hook concurred in the Sanborn de-
cision enJoininE the Minnesota author
tiles from putting into effect a o-cent
rate Iaw. The protest from Oklahoma
is from the Corporation Commission
there
Attack by senator Gore.
Senator Gore. OF Oklahoma. in q
scathing interview. declares:
Whenever there Is doubt as 70
whether judge is cast to the people
or favors special privilege, that doubt
should be resolved In favor of the pco-
pic. That people which exploded the
dogma that the king can do no wrong
cannot be expected to acuuiesce In the
doctrine that the courts can do no
wrong. The disagreeabie task of over
turning courts can be avoided by ap-
pointing only those whose character
and record are beyond challenge"
Senator Gore said the people of Okla
homa. the Corporation Commission and
the Attorney General We're united In
the opinion there was room for doubt
as TO the leaning OF Judge Hook. He
declared this appointment would cause
an additional suspicion on the judi
ciary.
Ohio Mny object.
Ohio is named as one of the States
that may object to Judge Hook. Gov
ernor Harmon, it will be recalled, was
named as one OF the committee of Gov
ernors nj the conference at Spring
Lake. N. j.. to prepare a brief to sub
init to the Supreme Court taking
ground against the Sanborn decision in
the recent Minnesota rate case. the
effect Of which would be practically to
strike down the powers of the State
railroad commissions.
All over the country, among State
railroad commissions and shippers