New-York tribune., 1922-09-06
Justice W .R.T)ay
May Soon Quit
Supreme Bench
President Is Fold Jurist's
Work as Umpire of
Mixed Claims Commission
Might Cause Retirement
Shields Slated for Post
Democratic Senator From
Tennessee Long Has Been
Close Friend of Harding

From The TTibuae's Wdshinofon Bureau
WASHINGTON, Sept. 5.-Becauss
his work as umpire in the mixed claims
commission to be named to adiudicate
American war claims against Germany
will continue for year or more, the
resignation from the Supreme Court
of the United States of Associate Jus
tice William II. Day may soon be an
nounced, it was officially indicated to-
day. The possibility of Justice Day
retiring from the bench has been made
known to the President. who has been
advised that If it is found that his
new duties interfere with his services
IN the Supreme Court, he will retire
from that body.
The selection of the American mem
Der of the claims commission is expect
ed to be announced soon by the Presi-
dent, who has before him the names
Of several men. No intimation has
come to the government from Ger
many, however, on the man to be se-
lected ny that government as the third
member. 1t was officially said TODAY
at the State Department that the task
completed in less than year. and NAV
take much longer. The entire time Of
the commissioners would be required
when the work was started, it was
said
Upon the resignation of Justice Day
1t IS confidently expected here that
President Harding will name Senator
John knight Shields, the senior Demo
cratic member from Tennessee to the
vacancy. The President is believed to
have made up his mind to name a
Democrat for. the next vacancy. mas
much as he selected a Republican.
former Senator Sutherland to succeed
Associate Justice Clarke, who is a
Democrat.
Senator Shields has long been a
great friend of President Harding.
and the President has admired the
capabilities of the Tennessee Senator.
He was one of the Democratic ire
concilables in the long drawn out de-
bate on the Versailles treaty. Senator
Shields is native of Tennessee and is
sixty-four years old. He studied law
under his father, and was admitted to
the bar in 1879. He served as chan
cellor of the Twelfth Chancery Divi-
sion of Tennessee for two years in
the early 90s, and became associate
justice of the Supreme Court of Ten
nessee, in 1902. After eight years
service he was elected Chief Justice,
which he held until his election to the
Senate in January, 1913. He was re-
elected November 8, 1918. and his term
of Office will expire March 8, 1925.
Justice Day was appointed to the
Supreme Court by President Roosevelt
in February, 1908, and took the oath
of Office on March 2 of that year. He
was admitted to the practice of law
in Ohio, his native state, in 1872. He
was elected judge of the Court Of
Common Pleas there in 1886, and
served until 1889.
He was appointed United States Dis
trict Judge for the Northern Ohio
District in 1889 by President Harrison,
but declined to accept. His first con-
nection with the diplomatic depart
ment of the government was in 1897,
when ne was named Assistant SecreA
tary of State by President Mckinley.
In April of the following year he was
made Secretary of State, from which
he retired to accept the chairmanship
of the commission which negotiated
the treaty of peace with Spain at the
close of the Spanish-American War
He returned to the bench in February,
1899, when he was appointed United
States Circuit Judge of the Sixth Dis
trict by President Mckinley, relin-
gushing this post to come to the
Supreme Court in March, 1903. JUS
tice Day was born in Ravenna, Ohio
April II, 1849, the son of Justice Luther
Day, of the Supreme Court of Ohio
He received his law education in the
University of Michigan.