Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-05-21
". /. TAFT SEEN As
NEXT CHIEF JUSTICE
Of SUPREME COURT
BY DAVID LAWRENCE

| states.
The death of Chief justice
White hastens the consideration o
a problem that President Harding
did not expect to tackle until thu
end of the present term of the SUI
preme court when it was generally
assumed that Mr.. White would retire
| For many months it has been ac
court would see not only the retire
, mept of a chief justice but othe.
| members of he court of advanced
lage. President Harding, from the be
ginning. has hoped that he would bC
| able to appoint former Senator
George s. Sutherland, of Utah, who
was his constant adviser during the
campaign and whose judicial ability
Is unequestioned.
Another hope which Mr. Harding
| has had was that an opportunity
would present itself Whereby he coulc
honor former President Taft with IL
place on the highest bench of the
| land. To appoint both Mr.. Taft ano
Mr.. Sutherland would require two
vacancies and it is not improbable
that President Harding will delay ap-
pointing a successor to the Chief JUS
tice until after the close of this
term of court SO that he can make
two appointments at one time.
Difficulty in Way
The difficulty about appointing
former Senator Sutherland to the
chief justiceship is the fact that he
was born in England. 1t has never
been customary for any but native
American to occupy the position
though, of course, Senator Sutherland
like the late. Secretary Lane and for
mer Secretary of Labor Wilson, spent
British flag that they never were
regarded as anything but 100 pei
cent Americans.
Willie George Sutherland, there
fore, is likely to become an asso-
cia:e Justice some day. the chances
are that he will not be made chief
Justice. That place probably will go
to fo,mer President Taft if it goes
to anycne not now on the bench.
The difficulty about eIevating the
present members of the court is
that the. Republicans are too ad-
vanced ir age and the younger JUS
tees arc Democrats. The next chief
justice will be a Republican.
The movement to appoint former
President Taft to become the head
of the supreme court has been
spontaneous ever since it became
known that Chief Justice White
would retire. There has been no
exerting of pressure, no attempt to
line uD political influence of any
llind-iJ has been a simple express
sion tina has come in many infor-
NAL ways to President Harding
that the Apo ntment of Mr.. Taft
would be popular with the country.
Taft's Decisions Noteworthy.
Ever since Mr.. Taft entered pub
lie life, his intimate friends have
said that he was happiest on the
b lfch. AS a federal judge in Quo
he was not only popular but lis
decisions Were noteworthy. On his
q y 81 inf
Mr. Taft became the head Of tie
war labor board and won the con-
f.dence of labor by his fairness ind
inn; rtlality. In the league of ia
tons controversy, he chung ten
aeio,usly to the wing of the Re
operation with Europe as against
absolute isolation. He won praise
from the Democratic press for his
stand alongside President Wilson
when the latter was making an ac-
tive fight for the league of ma
tions.
OF course Washington already is
full of gossip concerning the posi-
bility that Secretary Of State
Charles Evans Hughes may be Civ
en- the chief justiceship. This has
proceeded from the notion that Mr.,
Hughes gave up lucrative practice
and consented to get into the public
service again because of an expecta-
tion that he would not be expected
to remain secretary of state through
out the administration. but would go
back on the bench when a vacancy
occurred.
ANYONE who knows Mr. Hughes.
OF course, doesn't believe that he
took the portfolio of secretary of
state with any such expectation but
simply because he felt it a duty to
help in crisis in foreign policy. He
hn hi inI~
Harding leans SO heavily upon him
that the idea of promoting him at
this time to the bench can be dis
missed a. once as out of the ques-
ton. To take out Of the Depart
ment. of state one who is formulat-
ing the nations foreign policy would
only open anew for Mr.. Harding the
sores of factionalism in congress and
cause trouble at time when things
are slowly, but surely being smooth
ed out.
Mischief Makers Active
Mischief-makers, particularly those
who DO not, like the influence in for
eign policy which Mr.. Hughes is
exerting, have been whispering that
Mr.. Hughes is a potential candidate
for the presidency. They cannot
base. such an idea on anything tangi--
bic for Mr.. Hughes doesn't talk about
his own future to anybody. Indeed
Washington correspondents recall
how for months he kept everybody
absolutely in doubt whether he would
accept the presidential nomination in
1916 and nobody can say he did a
thing to bring about that nomina-
ton.
Nevertheless the political minded
have been saying that Mr.. Harding
will have a. contender in 1924 for re-
nomination and that Mr.. Hughes
ought to be appointed to the bench
SO as not 20 be a factor. Curiously
appointment of Mr.. Hughes to the
supreme court by Mr.. Taft as a step
that would remove>fhe then popular
governor of New York as an impor-
tant contender for the nomination IN
1912, but however. that may be, 1924
is a long ways off and except for
the folks in congress who think and
dream politics all the time the con-
test of 1924 has no bearing whatso-
ever on the situation today.
Mr.. Hughes will be retained as
secretary of state because he is es-
sential to the success Of the Harding
administration. Mr.. Sutherland will
be appointed an associate justice in
due time because President Harding
believes he is of the virile type of
American whose legal ability en-
titles him to the, place. Forcer, Pres
ice if President Harding decides to
name a man outside Of the present
membership of the court. Mr.. Taft
himself, at one time intended to put
a newcomer--Charles Evans Hughes
at the head of the court, but chang
ed his mind at the last minute and
promoted Associate Justice White,