The Birmingham age-herald., 1920-11-09

New York. November S.-(Special.)- Should the surmise which some of the ] members of the bar have for some months felt free almost confidentially to confess prove accurate, then soon after the inauguration of President Harding Chief Justice of the Supreme Court Edward Douglass White will re- tire upon the pension equivalent to the full salary, which the law permits. He is entitled to retirement, having served upon the supreme court bench since 1894, and a chief justice since 1910. President Taft nominated Justice White as successor to Chief Justice Fuller. For doing this President Taft was briefly, although somewhat vaguely criticized by few politicians because Chief Justice White is democrat But, President Taft swept aside all partisan considerations for he believed that Jus tice White was qualified as well as any and better than most of the leading ] lawyers of the United States for that post. The chief justice began his seven ty-sixth year on the day after the presidential election. Should the sur mise of some members of the bar sur mise which has been based upon in- timations, they have received, be jus tified by the event next spring. then Mir. Harding as president will have op- portunity to nominate a chief justice as Judge Whites successor. This may possibly have some influence with Mir. Harding when he contemplates the makeup of his cabinet For reports have prevailed in inner republican circles that Harding, if elected, would fix his choice for Secretary of State upon Judge Hughes. It would be a sat isfactory appointment. partly from the
 
 reason of the recognition of the ability which has characterized Judge Hughes since the day he first became governor of New York. His speeches in the re- cent presidential campaign have been gratifying to Senator Harding.
 But the suspicion is strong that if Justice Hughes could be tempted to retire from his professional life which in thes past four years has been very remunerative that temptation would be the strongest if it should come in the offer of the succession to Justice White.
 Very likely Harding has knowledge of the fact that early in his adn,inistra- ton Chief Justice White may retire. He may also know that Judge Hughes would find his highest ambition grati- fled if he became chief justice of the supreme court.
 NEXT SECRETARY OF STATE
 It is the impress on~of those who were brought in touch with Senator Harding while the campaign was in progress that he will be disposed to take the public into his confidence at least to the extent of permitting it to be known that he contempiates certain influential republicans for his cabinet. He might in this way test public opin- ion being careful not to cause it to be believed that he had finally made up his mind. In that respect he differs from General Grant and some of the later presidents who were taciturn be- tween election day and inauguration day about cabinet appointments.
 Some of the gossip which has been publicly reported since election day has centered upon Elihu Root as the Presi- dent elects possible choice for the state department. But those who know Mir. Root well are persuaded that he could not be tempted to return to pub lie life. He is now seventy five years of age and if he were to return to the cabinet, he would enter that office at the age of seventysix. Moreover, Mir.