Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-07-13
DEMOCRAT MAY
SUCCEED LURTON
IN HIGHEST COURT
Precedent May Prevent Wilson
from Naming Taft to Su-
preme Bench Vacancy.

WASHINGTON. July 49, = The
death Of Justice Horace Harmon Lur-
ton at Atlantic city yesterday means
that President Wilson will be called
on to make his first appointment to
the Supreme bench.
Before the death of Justice Lurton
the Supreme Court was made IN of
six Republicans and three Democrats.
Fhe Democratic representation now
is reduced to two-Chief Justice
White and Associate Justice Lamar.
1t is generally assumed that a Demo-
era tic President will feel impelled
u.der such circumstances to name
Democrat to succeed Justice Lur-
ton. Furthermore. there has been
an unwritten rule in the eSnate,
which must confirm the nomination
that tine minority representation on
the Supreme bench shall not fall be-
low three at any time President
Taft recognized this rule when its
was. brought to his attention by ex-
senator Bailey, and named Justice
Lamar. of Georgia, for one of the
vacancies.
Taft's Position Regretted
This situation undoubtedly will
cause regrets among many eminent
men OF oil shades of political belief
who would be glad to see the Presi-
dent nominate ex-President Taft as
the successor of Justice Lurton. Mr..
Taft has had an ambition to serve
upon the Supreme bench from the
day he entered the practise of law
He went upon the Federal bench
originally when he was a young man
In the hope that he 56ald reach the
supurenle bench hefsf ne closed his
.1afezel NJ .s4f.s4.ifr uT5f,t5f tunity came
in President Roosevelt's administrA- :
ton Mr.. Taft was not in position.
he thought to relinquish the work he
had in hand in order to crafty his
ambition.
President Roosevelt cabled him ten
dering him the place. Mr. Taft de-
clined, but his friends believed that
before the Roosevelt administration
ended there would be another oppor-
tunity. The movement to make him
President prevented his appointment
to the bench later although more
than once. as a member of Mr..
Roosevelt cabinet. Mr.. Taft said that
he would rather be member of the
Supreme Court than be President.
Taft Named Five TO Bench.
It was a peculiar freak of politics
that devolved upon President Taft,
who had so long cherished an ambi-
tion to serve on the Supreme bench,
the duty of appointing five members
of the court, majority, including
the chief Justice. This much may be
said in favor of the non-partisan
movement that is certain to be started
to have President Wilson appoint Mr..
Taft to the bench. that out of the five
men Mr.. Taft nominated two were
Democrats, and he promoted another
Democrat on the bench to be chief
Justice.
Acknowledgement McReynolds is
being mentioned as a likely successor
to Justice Lurton He comes from
Tennessee, the State of Justice Lur-
ton, and is in line TOR the honor. The
name of Senator Shields, of Tennes-
see former chief justice of that State,
also will be urged, and there are
strong political reasons which weigh
in his favor. The name of Frederick
w. Lehman, of st. Louis, who served
as one of the American delegates in
the mediation conference at Niagara
Falls, is also mentioned. The friends
of Solicitor General John w. Davis,
of West Virginia, will present Mr..
Davis's name.
The Sixth Judicial Circuit, from
which Justice Lurton came. is al
ready represented by Justice Day. and
fo- this reason the President may de-
eide to go to some other circuit for
his nominee.
WASHINGTON, July 13.-No
funeral ceremonies for the late JUS
tice Lurton of the Supreme Court
will be held here because of a change
in the route of the funeral party from
Atlantic City to Clarksville. Tenn,
where the burial will be. It will not
pass through the capital Chief JUS
tice White, at White Sulphur Springs,
West Virginia, has arranged to go to
Clarksville with Justice Lamar, now
here, but other members or the court,
widely scattered for their summer
vacations, may not be able to attend