Evening journal., 1915-02-22
New News Of Yesterday
How History Might Have
Been Different
BY Holland.

While chatting with the late Viii
liam b. Hornblower. whom President
Cleveland nominated for the supreme
Court bench at Washington, but
whose nomination was rejected by the
Senate. he narrated to me some in
teresting incidents associated with
Cleveland's nomination of him and
with Senator David B. Hills opposi.
ton to the nomination for political
reasons, an opposition which was suf-
iicient to defeat Mr.. HOrnblower.
happened TO mention to him that Il
was extraordinary how persistently
certain reports affecting President
Cleveland kept in circulation notwith-
standing the fact that they were
shown time and time again to be
without foundation.
THAT is very often So" said Judge
Hornblower. 81 can think of several
cases of that kind. but ! think the
one which is queerest was the report
widely circulated and still believed
that General Grant, when President.
packed the Supreme Court bench at
Washington for the purpose of secur-
ing a reversal of the decision which
had been handed down by the court
that the legal tender act. the one
which gave the legal tender quality
to the greenbacks. was unconstitu-
tional.
There was not the slightest foun.
dation to that report. although il Is
true that the opinion which had beer
handed down by Chief Justice Salmon
=. Chase that the act was uncOnstitu
] al 10 ~
1T was a curious coincidence of cir.
cumstances that led TO the spreading
/ abroad of that report One Of the
| justices of the Supreme Court, Judge
Grier, had retired upon pension. That
] left one vacancy. Congress had au-
thOrized the increase of the court SO
that the full bench consisted of nine
members General Grant was very
anxious to secure as able lawyers as
/ possible so that he could in that way
/ fill the vacancy made by the retire.
ment of Judge Grier and also appoint
a new justice in accordance with the
authority conferred by Congress. Gen
eral Grant relied chiefly upon the ad-
vice which was given TO him by the at
/ tOrney general, lockwood Hoar. since
/ Grant himself had little or no knowl-
edge of the professional qualifications
| of lawyers for service upon the bench
"Judgo HOar recommended the
nomination of William Strong. who
| had gained a very high reputation as
Judge in Pennsylvania. and also the
nomination of Joseph p. Bradley Oi
/ Newark. ~ j.. who was esteemed by
many without superior as lawyer
at the American bar These nomina.
/ tiOns were sent to the Senate one
day and they met with universal ap.
proval. At noon on the following day
Chief Justice Chase handed down the
majority decision, declaring the lega'
I tender act unconstitutional. Neither
President Grant nor the attorney gen.
eral knew that this opinion was .tC
be handed down at that time or haC
the slightest knowledge OF what tn,
decision was TO be.
when Justices Strong and Bradley
were added to the Supreme Cour
bench this decision by their votes wa.
reversed and the constitutionalty o.
the legal tender act sustained. Ther
began the report that Grant packed
the Supreme Court bench so as L
secure a reversal of the decision.
"It is a curious fact that Judg,
Bradley was appointed a member o
the electoral commission six years
later TO take the place which Davit
Davis would have taken on that com
mission if Judge Davis had not beer
at that moment suddenly and unex
pectedly elected United States Sena
tor from Illinois. II was Judge Brad
] q
gave the opinion that Hayes had beer
elected President over Tilden. havinl
received a majority of one electOra
vote. II has always been the belle
that had David Davis sat with tn
electoral commission Tilden woull
have been declared President.
Copyright. 1914, by Z. J. Edwards