Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-11-03
Rcmaking the Supreme Court

d RESIDENT HARDING will probably on
L joy the rare privilege before his term
expires of appointing a majority of the
members OF the nations highest court. Al
ready he has named two members of that
body including the Chief Justice. y third
vacancy is yet TO be filled and Associate
justices Holmes and MCienna both very
old men and both eligible for retirement
At full pay for the remainder OF their lives,
will probably withdraw from active service
in the near future
At the present time the court is COM
posed OF six Republicans and two Demo-
Gratis with one seat unoccuped. Although
party politics is never presumed to BE
consideration with members OF this court.
once they have donncd the robes of their
high office. politics has always played an
importan, part in the selection of men to
20 on this on the benches of lower
courts.
President Harding has given an inima-
tion that he will appoint Democrat to
succeed Associate Justice Day, who has re-
Gently retired. and from current reports he
is considering the namcs OF two distin-
kuished Democratic lawyers for the va
oanCy One is Senator John Il. Shields. OF
Tennessee, and the other is former Ann
bassador To England. John W. Davis OF
West Virginia
The bar Of the country seems agreed
that Mr.. Harding would make no mistake
i'll naming either of these Southerncrs. Sen
ator Shields is Il jurist OF demonstrated
ability. For nearly twenty years he was
ON the Supreme Court of his state and dur
ing at least one-haf OF that time he was
Chief Justice He had never held any
other than a judicial Office prior to his cleo
tion To the Senate. He comes from a fam
lily OF jursts, moreover. his father having
been Chief Justice OF his State and two OF
mis- brothers having sat upon the same
court
Mr. Davis enjoys exceptionally high rank
as a lawyer He was drafted from IA seat
III Congress 10 become Solicitor G. eneral OF
The United states. II is the duty of that
official 10 represent the government in all
proceedings before the Supreme Court and
his official record as Solcitor-G General was so
marked by ability that the late Chief Jus
t!ce White declared him 10 be perhaps the
ahest Solicitor-General to appear before
him in more than twenty-five years
Upon Mr. Davis return from the Court
OF 81. James, the bar OF the country paid
it's highest tribute to him by clccting him
president Of the American Bar Association
probably the youngest man ever To preside
over that great organization. Mr. Davis
legal services are now sought by some of
The most important business interests Of
the country and if he should 70 on the
bench it would be at great financial sacri-
flee.
TO the layman IL seems that as bet wcen
Senator Shields and Mr.. Davis ii would be
fairly easy TO make a choice, regardless OF
the high standing OF the two men. Senator
Shields Is 81 years of age and. at best, has
only six or eight years OF active service
before him. Mr.. Davis is not yet 30 years
OF age. The senator is a pronounced con-
scryativc IN his mental processes albeit n
man of unimpcachable prObity and proven
, patriotism Mr.. Davis is the more liberal
the more forward looking of the two men
| and would probably contribute more TO
/ The labors Of the court than Senator
! Shields.
! In the event OF tho appointment of either
/ OF these men. however. the President will
give Immense satisfaction to the South
I which, ii the prcscn, time has only one
member of that court, and because OF his
( long residence in the North. his Southern
/ associations are OF doubtful sort