The Birmingham age-herald., 1922-09-10
HARDING ID NAME FIVE JUSTICES IN
 THREE YEARS TIME
Has Already Appointed Taft and SutherIand-WiII Like " Name Successors of Day,
 Holmes and Kenna
By HUGH W. ROBERTS !. WashinEtoA Buresu. The. .Ase-Hers


 ~ s Washington Bureau, The Age-Hernld;
 800 Davidson Building. Washington, September 9.-(Spe- cial.)-I is regarded as practically certain that President Harding, with in the first three years of his admin istration will have established a new record by appointing five justices of the supreme court.
 He has already appointed Chief Justice Taft to succeed tho late Chief Justice White, and Justice Sutherland to succeed Justice Clarke, resigned. Justice Day, 1t is antici- pated. will soon resign to accept the position of umpire in the matter of German separations. Justice Holmes has recently undergone two opera tions and Is preparing for A third. Justice Kenna Is so years of age, and may resign at any time although his health is said to be good.
 On the bench at present is no simon pure. bona fide democrat all though two of the justices were ap- pointed by President Wilson. There Is only one progressive. It Is un- derstood that President Harding will take these facts into considera- ton when he makes new appoint ments.
 No Democrat Remains
 Chief Justice White, who died last winter. was democrat. Justice Clarke. who resigned this week. Is democrat. Justice McReynolds of Tennessee, who was member of the Wilson cabinet and was ap- pointed to the supreme court by : Wilson, Is an independent with dem ocratic leanings. He left the party during the William J. Bryan free silver fight. and later accepted an appointment under President Rooso- welt. Justice Brandeis, although ap- pointed by Wilson, was, and is, an Independent or progressive republi- can although he voted for Wilson in his second race. 1t is understood.
 There has been speculation as to whom the President would give these important plums. Senator Shields of Tennessee has been mentioned. For nfer Senator Kenyon, now a federal judge, has been mentioned. It Is not believed that the President will
 
 pointed, Tennessee would have two members. Further, Shields Is be- yond the age of 60, and the Presi- dent, although he made an excep- ton in the Taft case. has named GO as the age beyond which he will not go. It Is we'll known in Wash ington that there Is no love lost be- tween the President and Judge Ken yon.
 Fondness for Shields
 It Is known that the President would be glad to appoint senator Shields The President admires the great ability of the Tennessee Sen ator, who before coming to Wash ington wa chief justice of the su- E,.reme court of his state. In tho fight against the League of Nations. Sem ator Shields was one of the irrecon- cilabIes He was often in consulta- tion with republican senators in the fight against the league. The Presi- dent was heard often to refer to Shields as one of the ablest men In the Senate.
 It is said that one night after a prolonged session of anti-league sem utors, someone suggested that game of poker be played. In the outer chamber, where this sugges- tion was made. it was wondered II Shields, who had been a supreme court justice, would indulge in the American passion" for cards. The {. President was selected as com mittee of one to sound out Shields After the President had stated the case, 1t is said that Shields accepted with the statement that the game might prove highly divertins. ana with the explanation that he had not played since he left the supp eme bench.
 Grooming Underway
 At any rate. whether the story IS true or not, there Is strong friend ship existing between the senator ana the President. But southern sena- tors. because Tennessee already has -one member of the court, will not hesitate to speak for other jurists. s 1t is highly probable that prac- tically every state will have tenta- rrfve applicant. Already. in southern sfafes, grooming is underway. In leach of them Is an outstanding fed <erai judge, 1t is understood in Wash ifigton. It is certain that the Presi- dent will take his time In filling the berths.