The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-07
| Democrat Likely
To Be Successor
OF Justice Day
BY DAVID LAWRENCE
(copyrtShs by The 1nts'nSsnesx'

wa.hinxton, Sept. S.-Retirement oil
Associate Justice Day from the supreme
court OF the United states an oftlcialIE
forecast by the White House. Will pro-
babIy mean the nomination OF Demo
erat In his place.
Although there 10 no statute reauir-
ing the appointment 10 the supreme
court 20 be evenly balanced between the
political parties. most presidents nav
followed that custom. There are on1S
two men on the supreme bench now VINO
are not Republicans. They are Justice
McRevnolds. who IL Is said departed
from the Demorattc ranks when MI
Rryan was a candidate for president
and who served in the Republican au'
nInIstration as special counsel. and
Tus,ic, Brande!s, whose advent into the
Democratic party really developed IN
the first wilson campaign for the presi'
dancv as Mr. Brandeis has been known
al a progressive Republican.
why psmoeras viii Be Chosen
Tho death Of Chief Justice White.
Derocrat was followed BY the appoint
ment Of Chief Justice Taft Republican
The resignation OF Justice Clarke ol
Ohio, Democrat. has just been followed
BY the appointment OF Former senator
sutherland OF Utah. Republican
That's why Il Is morally certain tha'
Mr.. Harding will nominate Democrat
70 fill a. least one OF the two places
hitherto filled by Democrats.
The name Of Senator Shields. Demo
crst. Of Tennessee. Is being prominently
mentioned FOR the vacancy caused BY
the retirement os Justice Day. Nr
shields was at ore time chief justice
Of the supreme court OF Tennessee anc
In highly esteemed by president Hard
ing. The president developed his ad
rnirat!on FOR Mr. Shields while in the
senate. He observed that Mr.. Shield:
risked the autagonism OF mabny con
stItuents by departing from the WNsO'
leodershIp because he sincerely differed
with the former president. Mr.. Shields
was one OF the earliest opponents OF cn'
league Of nations and most always votet
with the Republican !rresConcilaoles.
would be a curious turn OF poltca
tides Il Mr.. Shielda ardent foe OF th'
wilson league ot nations. were to %
appointed 20 fi.l the vaCany caused b.
the res!snat'ou % JustiC" Clarke. on'
Of whose main reasons FOR leaving IN
bench Is 70 be better able TO espouse IN
cause OF tho league ot nations.
Obstacle Comes Up.
Ono OF the obstacles 70 tho appoint
rnenr os Mr. Shields however. ts tn
fact that Justice MCReyno,ds hail
from Tennessee and Il "a not likely tha
tha senators from southern states vii
be content to sea the appo'D' D'm"nt I'LL
ed without suggesting candidates o
their own and making the point tha
two men ought not bs appointed from
n single state. This circumstance. how
ever, would not 20 as controlling Will
President Harding as another fact
which !k that Mr.. Shields "a over g.
years cld-the age limit which Nr
Harding has set for the appointment Q
nex judges IL is true he made an .x
csption IN the case ot Mr.. Taft. but Nj
Harding said at the time that this wa
not TO be construed as precedent ou
a. a peculiar situation affecting tn
post Of chief justice. II Is doubtful
whether Nr Harding would make an
other exception IN the case OF Senate
Shields thogh h!s personal inclination
are particularly friendly toward tn
Tennessee senator.
Harding Not TO Hurry
Tho chances are that Mr.. Hardin
will no, close upon Senator Shields o
ANYBODY else as quickly as ne did o
Former Senator Sutherland The lat
.sr's appointment was determined upo
4 long time ago and Il vas epected tha
Justice Day. os Ohio. would make IN
vacancy for Mr.. Sutherland. The new
about Justice Clarks's desire - ieav
the bench vas totally Unexpected. tn
president will probably deliberate Ion
rlrne before selecting A successor
Justice Day.