Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1920-11-15
Supreme Court Vacancies

n NE OF the most important duties to be
~ discharged by the incoming President
will be the appointment of Il number of
justices of the United States Supreme
Court to succeed jurists now on that bench
who are expected TO retire before the new
administration is far advanced. Four mem
bers OF the court already have reached the
retiremcn; age of seventy years and while
the law does not require them to abandon
their duties AT any specified time. it is COM
monty assumed that Chief Justice White
and Associate Justices Holmes Day and Nc
Ncnna will soon take advantage OF the privi-
lege extended to them under the judicial
retirement act.
The supreme Court of the United States
has come 10 play decisive a part in the
government Of the country that its personnel
Is not merely matter Of deep interest 10
the American bar. but 4 matter OF almost
equal interest to the layman. Whereas, in
the earlier history OF the nation. this court
dealt With only an occasional issue of direct
concern TO the people at large, il is now
common practice of lawyers TO challenge
the constitutionality OF almost every act OF
Congress, fact which gives the Supreme
Court almost as much voice in the appli-
cation OF law as the body which enjoys the
power Of enactment.
lnul the administ ration of President
lalt' most Presidents looked to their own
party for judicial timber. Republican Pres
idents named Republican lawyers To the
highest OF courts, and Democratic Presidents
named Democrats. Mr. Taft departed radi-
caily from the traditional practice when he
appointed the late Associate Justice Lamar
southern Democrat, to the Supreme
court, and little later he promoted Asso-
ciate Justice White another Southern Dem
ocrat to be Chief Justice. President Will
son reverted to the old rule and nominated
only Democrats for places upon this court
For no policy OF his administration was
MT Tart more generally or generously ap-
nlauded than that OF making nonpar tisan
appointments to the Federal bench He
TOT only selected Democrats for the Supreme
Court, but he named Democratic lawyers in
the South to I'LL vacancies caused bv death
Iii the district and circuit Jurisdictions OF
that section, when he was unable TO find tbo
type OF men he desired in his own party
10 assume the responsibilities OF the Judi
ciary.
Mr. Harding might profit handsomely by
following similar policy II is not to be
expected, OF course, that in Northern States.
where Republican lawyers are as able and
rs judicially trained as those OF Democratic
faith. the now President should deliberately
Enorc the fitness OF his own party svnpa-
lhiZerS Bnt IL is fact that few will dis
pate that in the South most OF the rcprc-
sentative members of the bar are Democrats
An aDIc Republican lawyer may be found
mere or 'hcrc IN Southern communities
but the men who stand out for the mos,
part are Democrats in local politics. If no,
always in national contests
II would be a graceful and an appropri-
ate thing ii the now President upon the
! voluntary retirement OF Chief Justice White
should name as his successor another South
crn Democrat. Such an act would do more
TO strengthen Mr. Harding's prestige in tho
south than any other possible thing. un-
less ii he q liked practice on his part to
name Democrats 10 the minor courts in Tho
Southern States when Republican lawyers
of equal fitness could not be found