New-York tribune., 1922-09-05
Supreme Bench Member
Kesigr1s and Harding Is
Said to Have Selected
Ex-senator From Utah
Jurist, 65, Will
Step Out Sept. 18
Will Serve the ssPublic
Cause Which Friends
Say Is League of Nations.

Hrofn Ihc 1tfbune's Wush!noton Bursau
WASHINGTON, Sept. 4.--George n.
sutherland, former Senator from Utah,
VIII succeed John Hcssin Clarke, of
ONO whose resignation as associate
lusnce OF the United States Supre me
slourt was announced at the white
House to-day, to become effective Sem
tember 1S. The selection Of ex-scna-
tor Sutherland also was indicated Of
fcially.
Although not officially announced, it is
reported that one Of the chief reasons
for Justice Clarke's retirement is his
desire to give his time to the cause Of
the League of Nations.
News of the resignation, which was
given out by President Harding HIM
self, caused general surprise. While
there have been rumors Of it for the
last few days, they have not been gem
orally believed. The selection of for.
mer Senator Sutherland In his place
did not cause surprise, for the reason
that it has long been the understanding
the President would elevate him to the
supreme bench at the earliest oppor-
.tunity. RR
Appointed to Succeed Hughes
Associate Justice Clarke is a Demo-
crat, and was appointed by President
wilson IN 1916 to succeed Charles E.
Hughes, when he resigned to run for
the Presidency. By his resignation
two Democrats are left in the Supreme
Court They are Associate Justices
Brandeis and McReynoids.
Former Senator Sutherland is Re-
publican of moderately conservative
type. He was an adviser of MIR. Hard
ing in the 1920 campaign and has been
close to him since his election. The
selection of Mr.. Sutherland gave much
satisfaction to his former colleagues in
the Senate, number of whom ex.
pressed approval of the appointment.
As former member of the Senate,
1t is the understanding that the new
associate justice will be confirmed in
open session of that body, without ref
erence tor committee. This Is cour-
tesy which is generally shown to a
Senator or former Senator when given
Federal appointment.
appointment Approved
1T do not know how a better selec-
tion could have been made" said SEN
ator Smoot. "By age, temperament
and training, Senator Sutherland is
eminently qualified for the high Of
Ace for which he has been chosen"
ut Ms a splendid appointment" said
Senator McCumber, chairman of the
Finance Committee.
"a most admirable appointment" )"
said Senator Cummins, leading men,
Der of the Judiciary Committee.
"The appointment is an excellent
one said Senator, Medill Mccormick
of Illinois, chairman of the Republi-
can Senatorial Campaign Committee.
While In the Senate Senator Suther-
land earned the reputation Of being
one Of it's ablest lawyers. He is q
man whom hts colleagues regarded as
of high iGtsllectpal capacity
Sought More radical Thinker
While there was much approval sx-
pressed of the choice Of Mr.. Suther-
land, on the other hand there was
much disappointment among q number
of the more progressive members Of
Congress-, with leanings toward radi-
calism. They expressed regret at the
resignation of Justice Clarke, who was
A0OsCH oh aS OnC Va ttC- progressive
members of the Supreme Court, and
also expressed regret that jurist Of
a conservative bent Of mind had been
chosen to succeed him. It is we'll
known that the Senators who are
usually regarded rs progressive have
long been, seeking to bring about aMe
appointment of man, of their way OF
thinking to All the next vacancy in
the Supreme Court.
Sutherland Is "a good man. but !
should have been better pleased if one
of more radical tendencies had been
chosen" said prominent Republican
Senator, who leans toethe progressive
side of things.
Much speculation is indulged here
as to the full inwardness of Justice
Clarke's retirement.
Justice Clarke's letter to the Presi-
dent follows:
81 shall be sixty7five years old on
the 18th day of this month. For q
long time have promised what think
is my better self that at that age !
would free myself as much as possible
from imperative duties to the end that
| may have time TO read many books
which have not had time to read in q
busy life; to travel, and to serve nay
neighbors and some public causes in
ways III WntcH "a sfCdHtlut sSt Fc 1sS'A'
while holding important public office,
"As beginning of what hope may
at least be partial realization Of this
philosophy of my later life, ,hereby
resign, as OF September IS, 1922, the
office of associate Justice Of the Su-
preme Court of the United States,
which have held during the last six
years.
The letter was sent TO the President
from Youngstown, Ohio. In giving IT
out, the President announced that he
would select Mr.. Sutherland to take
Justice Clarke's place.
According TO gossip, Justice Clarke
was; not especially pleased with the
restraints Of the Supreme Bench. The
fact the majority Of the court was
more conservative than he did not
tend to enhance his satisfaction with
the service, according to some # the
comment which went about Washing-
ton to-day. Not long ago Justice
Clarke made .apeech in Cleveland
advocating cancellation Of the war
debts which drew shaf pAcriticism.
Coast-to-C Coast Flyew Stases
JACKSDNyIIIE Fla. Sept. I'll "a,