Evening star., 1921-05-19
TAFT MENTIONED
AS CHIEF JUSTICE
Death of Mr.. White Starts
Speculation as to His
Successor.
By the Associa ted Press.


The choice of successor to Edward
Douglass White as Chief Justice of the
United States. was one of the most
widely discussed subjects today in Of
fetal circles of the capital. Although
the speculation centered chiefly about
the name of former President William
Howard Taft. there were many indica-
tions that President Harding was far
from a decision and might find the
selection difficult one -
One of the first suggestions to come
to the surface in private discussions
of the subject among members of the
Senate. which must confirm the nomi-
nation. was that Mr.. Taft had disquali-
fed himself by insisting when he was
chief executive that nc man over sixty
years old ever should oe appointed to
the highest court.
All Indications pointed to consider
able delay in making the appointment
The general impression was that moth
vening of the court after its summer
recess. which begins June s.
Mr.. Taft is known to have been long
under consideration by President
Harding as a possible Chief Justice.
The former President several times
mas publicly declared that one of his
great regrets was that fortune had
cast his service in the executive and
not the judicial branch Of the gov
ernment, and many Of his friends al
ready have started to bring influence
to bear to have him appointed to the
vacant Chief Justiceship
Mr.. Hughes Mentioned.
Another whose name has been linked
repeatedly with the highest judicial
post is Secretary Hughes. Of the State
Department, member Of the court
until he retired in 1916 to accept the
republican nomination for the presi-
dency. Since Mr. Hughes selection
for the State portfolio a story has
persisted that he might become head
of the court in case OF a vacancy, but
there never has been any tangible
evidence that President Harding in
tended to appoint him.
One Circumstance which now gen.
orally is suggested as a barrier to
such a transfer is the prominence
already assumed by Mr.. Hughes as
Secretary of State in view Of the i'm
portant phases through which the ma
tion's foreign affairs are passing It
is known that some of the Presidents
change Secretaries of State just as
the new administration is finding its
way in the development Of a foreign
policy.
In respect to Mr.. Taft, some re-
publican senators were recalling to-
day the bitter controversy they had
with him as President at the time
he promulgated his rule against ap-
pointment of justices who had passed
the Slxty-year mark. 1t was described
as an entirely arbitrary ruling. hav-
ing no foundation in legal regula-
tions. but President Taft insisted on
1t determined1y despite vigorous pro-
tests from a group Of his own party
in the Senate. Mr.. Taft himself will
be sixty-four in September
May Promote Justice.
In some quarters there have been
suggestions that a temporary solution
of the problem might be reached by
the promotion of one of the present
justices. That would leave a vacancy
to which the President could appoint
some man whose experience he does
not consider qualities him now to be
Chief Justice. The names most fire.
quently mentioned in connection with
such possible promotion are those
Of Justice Day of Ohio and Justice
Holmes of Massachusetts,.
Should a promotion be made. the
vacancy thus created would be gem
orally expected to go to George
Sutherland. a former United States
senator from Utah and former presi-
dent OF the American Bar Association,
During the last campaign Mr.. Suther-
land served in Mr.. Hardings head
quarters at Marion and has Continued
since the election close friendship of
many years standing with the Presi.
dent.
BY selecting a present member of
the court as Chief Justice Mr.. Hard
ing would follow a precedent set bv
Mr.. Taft in the appointment of JUS
tice White to head the court. Former
Presidents usually had selected a
Chief Justice from without the courts
membership, having held that the sys-
tenn OF promotion. If followed as a
general policy, might lead to personal
politics among justices.