The New York herald., 1922-09-05

New York Herald Bureau.
Washington, ID. c., Sept. T. }
A change in the personnel of the
United States Supreme Court an
nounced by President Harding to-day
may provoke criticism for single
reason, purely political.
The resignation of Justice John
Hessin Clarke, Democrat, of Ohio, APP
pointed by President Wilson, was
rather more expected than the selec-
ton of former Senator George II.
Sutherland, Republican, of Utah. as
his successor.
The substitution of Republican for
a Democrat in the highest judicial
tribunal in the world increases the
representation of the Republican party
on that bench to seven and reduces
the number of jurists classified as
Democrats to two.
There may be some fault found with
the President for selecting Repub-
lican for the position vacated by JUS
tice Clarke, but no question can be
raised as to the fitness of Mr.. Suther-
land to fill the important post.
Like Wilson's, Unlike Tnft's.
In selecting a member of his own
party President Harding has followed
the practice Of his predecessor. Mr..
Wilson, who chose three Democrats
for vacancies on the Supreme Court
bench. He departed from the policy
s...l
adopted by Mr.. Taft, however, who
appointed two Democrats out OF three
selections made by him for the bench.
Mr.. Sutherland Is the first foreign
born citizen Of alien parentage to be
appointed to the Supreme Court bench.
David M Brewer, named in 1889, was
born of American parents at Smyrna,
Asia Minor. whereas Mr.. Sutherland
was born Of English parents in Iuck-
inghamshire sixty years ago.
1t Is not at all probable that the
political feature OF the appointment
announced to-day will prevent the I'M
mediate confirmation of Mr.. suther-
lands nomination. which will be trans
mitted to the Senate tomorrow. Par
tisan Democratic leaders and news
papers probably will make much of
the alleged discrimination displayed by
Mr.. Harding in selecting a Republican
successor for Democratic Justice.
In a professional sense Mr.. Suther-
land is esteemed to measure up TO the
highest standards of the office for
which he has been selected. He Is q
personal friend of President Harding,
Il regarded as a constitutional lawyer
n6
the advisers OF the President in the
last campaign. He has served In va
rious official and diplomatic under
4akings. is extremely popular in Wash
ington and is held in very high esteem
N foreign capitals. Members of. the
bar undoubtedly will express complete
approval Of his selection.
Justice CIsrke's Action.
The resignation or Justice Clarke,
which was announced by the Presi-
dent this morning, was not entirely
unexpected. Associates and personal
friends of Justice Clarke have known
for some time of his desire to retire
from the bench. 1t was not believed.
however, he had fixed any definite
date for taking this step, in fact. there
IS reason 10 believe he did not actually
decide on II until four days ago.
The retiring Justice has been profess
sionally CLASSIFIED as liberal" He has
been one OF the most ardent support
ers OF the League Of Nations project
and his friends predict he will devote
considerable Of his leisure time to the
promotion OF that international enter
prise by Mr.. Wilson and rejected by
the United states Senate.
In making known the desire OF JUS
tice Clarke to retire to-day President
Harding expressed very high regard
for the latter. Hesaid he had received
from Justice Clarke. who is at his
home at Youngstown, Ohio, the lat
ter's resignation to take effect on
September Is. which will be the sixty
ffth birthday Of the retiring jurist.
President Harding recalled to-day
that he had recommended the imme-
diate confirmation OF Mr. Clarke when
the latter was nominated by President
Wilson.
In his letter OF resignation. Justice
Clarke said:
II shall be sixty-five years old on
the eighteenth day OF this month.
Far long time / have promised
what / think Is my better SELF that
at that age I would free myself rs
much as possible Of imperative du-
ties to the end that | may have time
70 read many books that | have not
had time to read in my busy life.
to travel and serve my neighbors
and some public causes in ways
which cannot serve them by hold
ing public Office.
LAS a beginning Of what I hope
Continued on Page Two.