The New York herald., 1921-05-20
TAFT IS FAVORED
FOR WHITES SEAT
Secretary Hughes and For
mer Senator Sutherland
Also Mentioned.
SOME DELAY EXPECTED
Supreme Court Soon to Ad-
journ Until October and
appointment May Wait.
STATE LINES DISCUSSED
Fact That Two Ohio Men Are
Already on Bench May In
fluencc Choice.
STATE LINES DISCUSSED
sseo,a, Despaten to THE NEW YORK HERALD

Former PreSldent WHlldill lioW di
Taft, Secretary of State Charles r..
Hughes and George Sutherland. for
mer Senator from Utah, are the men
most prominently mentioned as sue
cessor to Edward Douglass White.
whose death last night left the first
vacancy in the office of Chief Justice
OF the United States in eleven years.
AS a former President of the United
States and an eminent jurist Mr.. Taft
long has been considered as a likely
appointee to the highest judicial office
in the land. 1t was Mr.. Taft who
promoted Justice White to the head OF
the Supreme Court in 1910.
Mr.. Hughes resigned as an Assocl-
ate Justice of the Supreme Court in
1916 to accept the Republican Presi-
dential nomination. His name was
under discussion as a possible Chief
Justice during consideration of the
new Administrations appointments
prior to the inauguration of President
Harding, but his selection as Secretary
Of State and the great importance of
the international negotiations he is
now conducting have caused specula-
lion In this regard to cease, 1t was
because Chief Justice White was be-
,yond the retirement age-7o years
that the selection of his successor had
been under consideration for some
months.
Former Senator Sutherland has been
president of the American Bar Associa-
ton, and is recognized all over the coua-
try as a lawyer OF unusual ability. He
is close personal friend Of President
Harding and stands high in the opinion
of all of the members OF the Senate
which VIII be called upon to confirm any
appointment to the Supreme bench which
the President shall make.
Leaning to Taft Seen.
President Harding's most intimate
friends seemed certain tonight that he
would nominate MIR. Taft, basing this be-
lief on the fact that Mr.. Harding often
has expressed the opinion that AIR, Taft
should be a member of the supreme
Court and preferably the Chief Justice.
However, there was feeling among Ad-
ininistra tion leaders in the Senate that
Ine GTCSlQeHL Woulu UOl Uditie WI \ ftlL
because he is an Ohioan and there are
two others from that State on the Su-
preme bench, Associate Justices William
r. Day and John H. Clarke. Mr.. TAFT
always has been opposed by organized
labor because OF his judicial decisions
uplolding the power of injunction as ap-
piled TO labor organizations.
II Is understood that President Ha-
ding will not fill the vacancy at once.
r.
because the Supreme Court will adjourn
for its summer recess from June to the
eeoond Monday in October. This will
Give to the President plenty OF time TO
look over the field. 1t is believed II
would be embarrassing to the President
10 have Mr.. Hughes go from the post II
Secretary OF State to the Chief Justice
ship at this time, when he is deeply en-
crossed in shaping the foreign policy OF
the new Administration. For that rea-
son IL is believed Mr.. Harding would
hesitate to appoint him even though Mr..
Hughes should greatly desire the ap-
pointment. But some of Mr.. Hughess
friends suggested tonight that by next
october the affairs Of the State Depart
lnent might be in such shape that Mr..
Hughes could be spared.
Sutherland Born In England.
Some opposition to Mr.. Sutherland
might be developed on the ground that
he was born in England But there IL
no constitutional requirement TO prevent
his appointment and his birthplace prob
ably would not figure in the Presidents
calculations.
Three of the present members OF the
Supreme Court have passed the retire
nent age. They are Associate Justices
I1ou Oltyar WAnden 1Jnlrt,aa nd
McKenna.
IT was rema rlsed to-day that Mr. Taft
when President had a rule that he would
not appoint any man to the Supreme
Bench who was more than 60. This rule
was objected to In the Senate. but Mr..
Taft stuck to IL. He is now In his sixty
fourth year himself and would be inel.-
gibie IL President Harding followed such
o rule, which IL not considered likely.
The nation will pay tribute TO the
memory of the Chief Justice to-mor-
row when all departments OF the GOV
ernment will be closed. President Har-
ding issued the order directing chat
Government agencies cease their work
FOR an entire day as a mark OF respect
10 man mourned everywhere In
America.
President and Mrs. Harding were
among the first TO give express
sion to their grief. They drove to the
home of the Chief Justice. where the
body lay. TO the Justices niece they
conveyed their sympathy.
The Senate adjourned when word OF
the death of the Chief Justice came.
IL was recalled that he was a member
Of the Senate when he was called to
The highest tribunal la America. Sena-
tor Lodge OF Massachusetts spoke eo-
auently Of the service of the iurist 10
Ills country.
The House Of Representatives viii
note the passing Of Chief Justice White
when ii reconvencs.
The Louisiana delegation in Congress
expressed it's deep regret in formal man
ner. Secretary OF state Hughes, who sat
with the Chief Justice before Mr..
IIughess recntry into public life. ex-
pressed his regard and affection for the
Chief Justice in life and his regret at his
death. Attorney-Genoral Daugherty and
other Cabinet members who were ac-
quaintod with the turist sent messages
Of sympathy 60 the family.
Men in Washington who had known
Chief Justice White spoke of the many
intellectual gifts Of the man and Of his
fine spirlt and personality. His cheerful
!, ness hfs simplicity OF manner, his gem
tlenes- and modesty were described by
his intimate friends and acquaintance,
Is well as his fesrlossness IN the line OF
duty and the forceful manner in which