The Washington herald., 1921-07-01
TAFTENAIIED
ANDCONFIRhIED
CHIEF JUSTICE
Four Republican Senator1
Show Disapproval by
Adverse Vote.
FORMER PRESIDENT
ACHIEVES AMBITION
Congestion in Court On
Reason for fastening
Appointment.
ny ROBERT >. sENDER.


ny ROBERT ,. BENDER.
Former President william How
ard Taft. by action Of PresioertI
Harding. yesterday assumed the
unique position of being the hrst
man in the history OF this country
TO have been honored with the Pres
idency and with the chief justice
ship OF the United States suprems|
Court
When Taft left the Presidency he
expressed TO friends his regret that
fate had guided his public career
into the executive rather than int
the judicial branch OF Americas
government at washington
Yesterday President Harding sent
20 the Senate Tafts nomination 70
head the supreme bench. the Senate
immediately confirmed IL. and thus
the long-cherished ambition OF the|
nations former executive was
achieved
0ppeeed BY -Four Republicans
-Four Republicans were the only
dissenting voices in the vote on
confirmation. Senators Borah, John
son, of California; Watson and La
Toilette opposed confirmation There
was no Democratic oppdsiuon-
In making the selection. MI
Harding acted as he did because he
saw in Taft a former President
great Judge. and the most outstsnc-
OF the great ONCE.
Originally il had been Hsrding's
intention TO delay naming . sue
cessor TO the late Chief Justice
white until just before the October
term Of the Supreme Court opened
Since Mr.. Whites death. towever.
developments necessitated alters-
tion of this plan
Foremost among these oevelop-
ments has been the jam IN uhe
courts Of all large cities resulting
from a vast number OF prosecutions
ordered against alleged violators of
the volstead prohibition law
Needs Ala Of Chief Jsrtfcs-
The DEPARTMENT Of Justice is try-|
ing to work out a plan for specfsi
commissions TO handle prohibtton|
Icases. for extra Jadges IN sertousis
Affected districts or fer some otner|
measures to relieve the congestfon-|
Attorney General Daughtrty stress
ed the need Of having a chief jus
tice of the Supreme Cosrt 20 aid
him.
The FIRST work. therefore, that
the new chief Justice will take up|
probably will be that involved mi
adjusting court facilities. particular
ly in large cities east OF the MS
sissipi river to meet the demanos
OF prohibition cases.
Another reason for Fastening the
appointment was the vacancy In tse
post of chief clerk OF the supreme
court resulting from the recent
death Of James ID. haher. The
court clerk is chosen by vote OF
the whole bench and his signature
is necessary on countless matters OF
routine.
viii he Sworn BY McKes.a-
The chief clerk always gives the
oath Of ONCE TO the incoming chief
Justice. but because OF the Vacancy
now, Taft will be sworn in, accord
ing to the court rules, by the Oldest
member Of the bench, assoctate
Justice McKenna When the cere-
mony will occur has not yet been
decided.
First positive knowledge OF his
elevation TO chief justice was re-
ceived by Taft through the press t
was disclosed at the white House
Not that he didn't know he was
under consideration but the PrcE-
dents final decision was unknown 20
any says a number OF his Cabinet
until last Tuesday and was not
known to Taft even then
Some years ago. when Prestdent
Wilson was called upon TO nii va
cancies on the supreme bench
Taft was expected 20 be named. HIS
appointment was strongly urged on
one occasion by strong Democratic
political influences from the south
where Taft was extraordinarily
popular for a Republican On the
three occasions. however, Wilson
named Democrats
Msy Decide Labor Cas-.
Taft always has been regarded ~
a conservative and at the expirz-
tion of his term in the white House
was not held by labor 20 be tn
friend. His work. however. as rep
resentatIve of the public on the War
Labor Board resulted in a change OF
heart toward him by many lzbo<
leaders. His appointment carrie
interest In this connection beeauss
his will probably be the decidtn.
vote in a number OF important cae<
affecting labor which have been
ordered reargued before a fun
bench" Such orders are generally
regarded In court circles as imply
ing that the court was divided four
nd four on the issue In questioA
Among these cases are two anti
picketing Injunction appeals swsit-
ing reargument
VIII Hear Antt-Trust Case~-
Some of the other important Gases
ordered for reargument in which
Taft may cast the deciding vote. are
the antitrust suit against the
American Hardwood Lumber Assoc
citation and several minor anti-trus<
cases and the case TO test the con-
child-labor-producti Law, which
was passed by Congress after the
child labor law was held uncon-
stitutional.
The case OF the Coronado cosi
company vs. the United Mine Worn
ers 70 test whether damages re-
sulting from strikes can be collect
ed under the antitrust Law. u an
other case which has failed 10 bring
a decision by the court and Taft may
be the deciding factor.
Exeeeds Own Age Rultnr.
An interesting phase Of the ap-
pointment is that Mr.. Taft. when
President. expressed the epinlon
that sppointees TO the Supreme
Court should not be more thar 60
r<zru old Taft Will be q years oil