The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1922-09-07
BY DAVID LAWRENCE.
Especial Dispatch to The Reformer.)
Copyright 1922.

Copyright 19ZZ.
WASHINGTON, Sept. 7.-Retirement
of Associate Justice Day from the SUI
preme court of the United States, as
officially forecast by the White House.
will probably mean the nomination of
Democrat in his place.
Although there Is no statute requiring
the appointments to the supreme court
to be evenly balanced between the po-
litical parties, most presidents have fol
lowed that custom. There are only two
men on the supreme bench now who are
not Republicans. They are Justice Me
Reynolds, who is SAID departed from
the Democratic ranks when Mr.. Bryan
was candidate for president, and who
served in the Republican administration
as a special counsel and Justice Bran
deis, whose advent into the Democratic
party really developed in the first Will
son campaign for the presidency as Mr..
Brandeis has been known as a progress
sive Republican.
The death OF Chief Justice White,
Democrat was followed by the appoint
ment Of Chief Justice Taft, Republican.
The resignation of Justice Clarke of
Ohio, Democrat, has been followed by
the appointment of former Senator
Sutherland of Utah, a Republican.
That's why it is morally certain that
Mr.. Harding will nominate a Democrat
to fill at least one of the two places
hitherto filled by Democrats.
Talk of Shields.
The name of Senator Shields, Demo
crat. of Tennessee is being prominently
mentioned for the vacancy caused by the
retirement OF Justice Day. MIR. Shields
was at one time chief Justice of the SUI
preme court OF Tennessee and is highly
esteemed by President Harding. The
President developed his admiration for
Mr. Shields while in the senate. He oh
served that MIR. Shields risked the an
tagonIsm OF many constituents by de-
narting from the Wilson leadership be-
cause he sincerely differed with the
President Mr.. Shields was one of the
earliest opponents OF the league Of ma
lions and most always voted with the
Republican irreconcilables. 1t would be
q curious turn of political tides If Mr.
Shields ardent foe of the Wilson league
of nations were to be appointed to fill
the vacancy caused by the resignation
of Justice Clarke. one of whose main
reasons for leaving the bench is to be
better able to espouse tie cause OF the
league of nations.
Some Obstacles.
In one of the obstacles to the appoint
ment of Mr. Shields. however, is the
fact that justice AIcReynolds halls from
Tennessee and it Is not likely that the
senators from southern states viii be
content TO see the appointment filled
without suggesting candidates of their
own and making the point that two men
ought not be appointed from a single
state The circumstance however would
not be as controlling with President
Harding as another fact which is that
Mr.. Shields Is over 60 years old. the
age limit which Mr. Harding has set
for the appointment of new Judges 1t
is true he made an exception in the case
Of Mr. Taft, but Mr.. Harding explained
at the time that this was not to be con-
Strued as a precedent but as a peculiar
situation affecting the post of chief JUS
ticc. 1t is doubtful whether Mr.. Hard
ing would make another exception In
the case of Senator Shields. though his
personal inclipations are particularly
friendly toward the Tennessee senator.
The chances are that Mr.. Harding viii
not close upon Senator Shields or any
body else as quickly as he did on For
! mer Senator Sutherland. The latter
appointment was determined upon q
| long time ago and it was expected that
| Justice. Day of Ohio would make TIT
| vacancy for Mr. Sutherland. The news
| about Justice Clarke's desire to leave
! the bench was totally unexpected. The
! President viii probably deliberate 9
! lone time before selecting a successor
| 10 Justice Day.