The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-05-20
Taft or Sutherland
For Chief Justice is
The Washington Talk
BY DAVID LAwRENcE.
copyright By the Intellsgencer)

states. Inc Oelln OIL NHleA SH"SiNN
White hastens the consideration OF
problem that President Harding did not
expect TO tackle until the end II the
present term Of the supreme court when
White would retire.
For many months It has been ac'
ccptcd that the end Of this term OF
court would see not only the retiremeht
Of a chief justice but other members OF
;hc court OF advanced age. Presloent
Harding has from the beginning hopeo
hat he would be able to appoint FORM
1T Senator George Sutherland. OF tan
who was his constant advisor durinS
thc campaign and whose judicial ability
IS unQuestioned.
Another hope which Mr.. Harding has
had was that an opportunity would pre-
sent itself whereby he could honor
Former President Taft with a place on
;he highest bench Of the land. To ap-
point both Mr.. Taft and Mr.. Sutherland
would require two vacancies and II is
not improbable that President Harulns
will delay appointing a successor TO tne
chief justice until after the close or this
term Of court so that he can make two
appointments At one time.
suthsrlAnds Handicap
Tho difficulty about appointing Form
or Senator Sutherland TO the chief JUS
ticcship is the fact that he was born In
England II has never been customary
for any but a native American to oc-
cupy the position though. OF course
Senator Sutherland like the late Sec
retary Lane and Former Secretary OF
Labor Wilson spent so little or their
youth under the British flag that they
we're never regarded rs anything but
100 per cent Americans.
While George Sutherland IS likely
therefore to become an associate JUS
,ice some day. the chances are that he
will not be made chief justice. That
place in all probability will so 70
FORMER President Taft. II it goes TO
anyone not now on the bench. The diff
aculty about elevating the present
members Of tho court is that the Re
publicans arc too advanced in age and
the younger justices are Democrats The
next chief justice will be Republican
The movement to appoint Former
President Taft to become the head or
the supreme court has been spontaneous
aver since II became known that Chier
Justice White would retire. There has
been no eNerting of pressure. no attempt
10 line up political influences OF any
Sind--it has been simple expression
that has come in many informal Ways
70 President Harding that the appoint
ment of Mr.. Taft would be popular with
he country.
Ever since Mr.. Taft entered public
ife, his intimate friends have said that
nc was happiest on the bench. AS a
federal judge in Ohio he was not aniy
popular but his decisions were note
worthy. On his retirement from the
Presidency. Mr.. Taft became the heae
OF the war labor board and won the
confidence Of labor by his fairness and
;mpartiality. In the league OF nations
controversy. he clung ,tenaciously 10 the
wing OF the Republican party which
favored cooperation with Europe as
against absolute isolation. He won
praise from the Democratic press for
MS stand alongside President Wilson
when the latter was making an active
eight for the league Of nations.
Possibility OF Eughss
OF course Washington is full OF gos-
sip already concerning the possloiuty
that Secretary of State Charles Evans
Hughes may DO given the CHIEF justice
ship. This has proceeded from the no.
lion that Mr.. Hughes gave up a lu-
:rative law practice and consented to
Get into the public service again be-
cause OF an expectation that he would
NOT be expected to remain secretary OF
state throughout the administration but
would 20 back on the bench when va
,,ancy occurred. Anyone who knows Mr
Hughes, Of course. doesn't believe that
NE took the portfolio OF secretary OF
state with any such expectation OPT
simply because he felt it duty to
help in crisis in foreign policy. He
has done his job SO well and Mt. Hard
.ng leans so heavily upon him that the
idea OF promoting him at this time TO
The bench can be dismissed at once as
ont of the question. To take out Of the
denartnent OF state one who is formu-
,atine the nations soreign policy would
only open anew for Nr. Harding the
sores OF factlonailSm in congress and
cause trouble at a time when things are
slowly but surely being smoothed out
Hughes ana Prssidsney
Mischief makers. particularly those
who do rot like the influence in foreign
policy which Mr.. Hughes is exerting
have been whispering that Mr.. Hughes
Is a potential candidate for the prcsi'
dency. They cannot base such an Idea
on anything tangibls for Mr.. Hughes
doesn't talk about his own future u
anybody. indeed Washington correspond
Nnts recall how for months he kept
..yerybodv absolutely IN doubt whether
he would accept the presidential nom
'nation in 1915 and nobody can say he
did 4 thinc TO bring about that noniu-
ation. Nevertheless tn" politically
minded h:rve been saying that Mr.. Hard
ing will have contender III 1874 for
.~nnon,!nation and that Mr.. Hughes
: ought 70 he appointed to tho bench sc
,s not to b. 4 factor. Curiously enough
politicians interpreted the appointment
"f Mr. Hughes to the supreme court by
Mr.. Taft as q step that would remove
the then popular governor Of New fori'
ts an important contender for the nom
nation in 1912 hut however that may he
1924 Is long ways on and except FOR
rho folks in congress who think and
dream politics all N" time the contest
~ 1921 has no hcaring whatsoever on
he situation today. Mr. Hughes Will
20 retained as secretary nf state be
ausc he Is essential to the success OF
he Harding administration. Mr.. Suth-
nrland viii be appointed an associate
Justice IN due time beCaus" PreSiden:
Harding believes he is OF the Eirile type
~ American whose legal ability entities
him 10 me place. Former President
Taft will bc mad" chief justice II
President Harding decides to name 4
rran outside or the present membership
ne tho "ourF. NJ. Taft himself at one
dnH Intended To put new conner
Charles Evans Hughes At the head Of
ne court hst changed his mind ~ the
Last minut" and promoted .tssociat 10
Iusticc WN,t.. While appointing M
Hughes to p""omc an associate justice