The Washington herald., 1914-02-26
HISTORY BUILDERS.
President CIeyelands Choice for Su-
preme Court Justice.

President CIeveland's Choice for Su-
preme Court Justice.
written expressly for The Herald)
ny DIR. Il. .. EDWARDS.
lvATfLLIAM b. HoRNBLowER was
w recently appointed by Gov. Glynn
w associate justice OF the Court OF
Appeals of New York State. He was
named to hIi vacancy. little over
twenty years have passed since President
Grover Cleveland nominated Mr.. Horn
blower as associate justice OF the Supreme
Court OF the United States. Had that
nomination been confirmed the probaoiii-
ties are that the present Chief Justice.
Edward ID. White. Of Louisiana. would
have served for many years as United
States Senator from Louisiana, and might
be serving In that capacity now.
President Cleveland. in the four years
between his retirement from the Pres
idency in 1850 and his return TO the Pres
idency in the spring OF 1898. practiced law
I'm New York City. In that way he be-
came intimate with Mr.. Hornblower and
gained the highest respect for his ability
as a lawyer and his charm OF personality.
When a vacancy occurred upon the Su-
preme Court bench. the President deter
mined. without consultation. to name Mr..
ltOTnDlOWeT 70 lIe CffldlE LOT ltlt suICtf-
sion. II so happened that one OF the
senators from New York at that time
was David y. Hill. For Mr.. Hornblower.
Senator Hill had the highest personal re-
gard, but he associated Mr.. Hornbiower
with that element I'm the Democratic
party In New York State which success
fully organized to prevent his own nom
ination for the Presidency. For that rea-
sor. Senator Hill determined to oppose
the confirmation Of Mr.. Hornblower as
justice OF the Supreme Court Long after
ward II was learned that had President
Cleveland first called Mr.. Hill into con-
sultation, he undoubtedly would have Sc
cured the Senator's support to the NOM
nation. But the President thought the
better part was TO make the nomination
without consulting the Democratic Sena-
tor from New York.
There was great delay In the action of
the Senate. and at last Mr.. Hornblower
communicated with President Cleveland
intimating that he had no desire to en-
barrass the President and that he certain
ly had no desire to secure confirmation
II there was any opposition in the Senate.
Then II was that President Cleveland
revealed one of his most striking personal
characteristics. He said practically in
these words: Il will not withdraw that
nomination. There Is no good reason why
Mr.. Hornblower should not be promptly
and unanimously confirmed for associate
justice of the Supreme Court. / shall
keep that nomination before the Senate
until It is acted upon. And IL II is defeat
ed the responsibility must be on the Sena-
tors who compass that defeat"
The nomination was defeated principal
ly out Of Difference to what was called
Senatorial courtesy. Immediately Pres
ident Cleveland sent the name OF Wheeler
II. Peckham to the Senate. That NOM
ination was not fsvorably viewed by Sem
ators. for the reason that Mr.. Peckham
was not believed to have the judicial
quality OF mind.
Then President Cleveland, acting upon
his own initiative, reached over into the
Senate chamber itself and nominated a
Senator whom he knew would be gladly,
instantly. and unanimously confirmed
Edward b. White, OF louisiana And So
later, when II became the duty Of Presi-
dent Taft to nominate a successor TO
Chief Justice Fuller. the President made
choice Of Justice White. confident that the
bar apd the country would give the warm
est approval TO that selection. although
Justice White was not in the same politi-
cal party with President Taft
Copyright lslll