Evening journal., 1914-02-26
NEW NEWS OF YESTERDAY
President CIeVeIand'S
Choice for
Supreme Court Justice

By HOLLAND.

William b. Hornblower was recent
ly appointed by Governor Glynn as
sociate justice Of the Court of APP
peals Of New York State. He was
named to fill a vacancy. A little over
twenty years have passed since
President Grover Cleveland nominat-
ed Mr.. Hornblower as associate JUS
tice of the Supreme Court Of the Uni
ted states. Had that nomination been
confirmed, the probabilities are that
the present chief justice, Edward ID.
White, of Louisiana, would have serv-
ed for many years as United States
Senator from Louisiana, and might
be serving in that capacity now.
President Cleveland, I'm the four
years between his retirement from the
Presidency in 1889 and his return to
the Presidency In the spring Of 1893.
practsed law in New York City. In
that way he became intimate with
Mr.. HornbloWer and gained the high
est respect for his ability as a lawyer
and his charm of personality.
When a vacancy occurred upon the
Supreme Court bench. the President
determined without consultation, to
name Mr. Hornblower to the Senate
for the succession. It so happened
that one OF the Senator'S from New
York at that time was David Hill.
For Mr. Hornblower. Senator Hill had
the highest personal regard. but he
associated Mr.. Hornblower with that
element in the Democratic party in
New York State which successfully
organized to prevent his own nomi-
nation for the Presidency. For that
reason, Senator Hill determined to
oppose the confirmation OF Mr.. Horn
blower as justice of the Supreme
Court. Long afterward It was learn
cd that President Cleveland first
called Mr.. Hill into consultation, he
undoubtedly would have secured the
Senator's support to the nomination.
But the President thought the better
part was to make the nomination
without consulting the Democratic
Senator from New York.
There was great delay in the action
of the Senate, and at last Mr.. Horn
blower communicated with President
Cleveland intimating that he had no
desire to embarrass the President and
that he certainly had no desire TO Sc
cure confirmation if there was any
opposition IN the Senate
Then it was that President Cleve-
land revealed one Of his most strik-
ing personal characteristics. He said
practically I'm these words: "I will
not withdraw that nomination. There
is no good reason why Mr. Horn
blower should not be promptly and
unanimously confirmed for associate
justice Of the Supreme Court. | shall
keep that nomination before the Sem
ate until IL is acted upon. And II il
is defeated the responsibility must be
on the Senators who compass that
defeat"
The nomination was defeated prin-
cipally out of Difference to what was
called Senatorial courtesy. Immedl-
ately President Cleveland sent the
name of Wheeler II. Peckham 10 the
Senate That nomination was not
favorably viewed by Senators, for the
reason that Mr.. Peckham was not be
lieved TO have the judicial quality OF
mind.
Then President Cleveland, acting
upon his own initiative, reached over
into tho Senate chamber itself and
nominated a Senator whom he knew
would be gladly, instantly and unani-
mously onfirmed-Edward Il. White.
Louisiana. And so, later, when IL be-
came the duty OF President Taft to
nominate a successor 10 Chief Justice
Fuller, the President made choice of
Justice White, confident that the bar
and the country would give the warm
est approval TO that selection, al
though Justice White was not in the
same political party with President
Taft.
Copyright, 1914, by z. J. Edwards.
All rights reserved)