The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-07-13
Associate Justice of U. s. SUI
preme Court Died Sunday.
ne WAS APPOINTED BY TAFT
Former President Is Talked Of
for the Place.
Unwritten Law Calls for Nam
ing of q Democrat.

washington, July 1S.---A(iSCuSSAOA 90
to whom President Wilson will APP
point to NIL the vacancy on the SUI
preme court bench caused by the
death of Associate Justice Lurton.
which occurred at Atlantic City sun
day, continued here today. The names
OF those mentioned in connection with
the vacancy include former President
William H. Taft, members or the capl-
net and others.
In official circles there was some
discussion as to the choice of a sue
cessor to Justice Lurton, but no one
cared to venture an opinion as to
whom the president might appoint.
1t IL not believed that the president
has yet even considered any name In
connection with the vacancy. As q
result OF Justice Lurton's death the
president will be called upon to make
his first appointment to the supreme
bench.
In addition to- Mr.. Taft, those men-
toned include Attorney General Nc
Reynolds. Secretaries Lane and Gar
rison. Senator Shields of Tennessee. a
former justice of the supreme court OF
that state. Frederick w. Lehman.
former solicitor general and one Of
the American delegates to the Next
can peace conference at Niagara
Falls. and that of John w. Davis Of
West Virginia. the solicitor general.
Taft Has Wanted 1t.
When It was reported last winter that
Justice ,Lurton was about to retire, 1t
was suggested that Mr.. Taft might be
offered the place, but it was stated at
the White House that his name had
not been I.-entiOned. In official circles
It is not thought n.-ely that the presi-
dent will appoint member of the
cAbinet, because of his desire to go
through his term without q change In
his official family.
Before the death Of Justice Lurton,
the supreme court was made up Of six
Republicans Ind three Democrats.
BY his death the Democratic repre-
sentation on the bench is reduced to
two-Chief Justice White and Assoc
ciate Justice Lamar. Under the cir
cumstances 1t is thought likely that
the president will name Democrat
for the vacancy. Furthermore. there
has been an unwritten rule in the
senate, which must confirm the nomi-
nation, that the minority representa-
ton shall not fall below three at any
time.
Belief was expressed in congress to-
day that the president will make the
appointment before adjournment 50
in time t. take his seat in the court
at the beginning of the fall term in
a Sketch Of His Life.
Associate Justice Horace Harmon
Lurton, Of the United States supreme
court, died suddenly at a hotel in At
lantic City, Sunday. from heart failure
superinduced by cardiac asthma He
was 70 years old.
For a year or more Justice Lurton's
condition had been serious, but he in
sisted upon performing his duties until
last December, when he was COM
PEELED to give up and go to Florida
with his family. At that time it was
reported he would resign. but after
fighting for health in the south until
April. he returned to Washington and
resumed his place on the bench to
take an active part in one of the
busiest sessions in the courts history.
Born at Newport, Campbell county,
Kentucky. Justice Lurton was attend
ing the county schools when the civil
war began. Though only IT years old,
he enlisted in the Confederate army
and became a trooper under the fam
Gus General Morgan. Three years
later he was captured and imprisoned.
A personal appeal by his mother to
President Lincoln brought about his
release on parole, and when the war
closed he was studying law at Column