Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-11-30
ThtR;is:hiAY. NOVEMBER 40, Lee

1T is stated that the South failed TO pre-
i sent an acceptable candidate for the va
caucy on the United States Supreme Court.
with the result that the President wen, TO
the Northwest for Democrat TO take the
place OF Associate Justice Day, retired
III urging the appointment of Senator
Shields, OF Tennessee, Southern interests
produced lawyer OF eminent ability it
is true, but when it was discovered that the
President was disncined to name man for
life-tenure position who had passed the
age OF 60 years, and when il was further
discovered that the Senator was DISQUALIFIED
on that account, no time should have been
lost in finding another SOutherner for the
position whose fitness was unqucs,ioned
An ideal candidate was found in John
w. Davis, young, able, learned and dis
tinguished in the public service Also he
is of Southern stock. Bat, unhappiy Mr.
Davis found it necessary for purely personal
reasons 10 take himself out or Tho situation
He went deeply into debt in order to main
tain his establishment as American am
hassador to England, and he felt that no
Should not accept even so powerful posi-
ton as that on the Supreme Court until
lie could discharge all his personal obliea-
lions
With this development Southerncrs
seemed TO abandon hope Of giving the Presi-
dent candidate from their section who
would and could fill all the requirements
There is. scarcely state in the South tina,
has not one or more lawyers of Supreme
Court caliber, but for some curious reason
no cfort-was made 10 bring their oualiG-
cations 10 the attention of the President
This Is. true moreover. in suite OF the fac,
that the White House quite .significautly
intmated that the President was eager 10
recognize the South in making the appoint
!hent OF Associate Justice Days successor.
Perhaps II is not TOO late however. for
this section 10 retrieve. Pierce Butler a
Democtat, has been named for the existing
vacancy, but others in sight reso-
luton is pending in Congress retiring AS
soclete. Justice ]itney. OF New Jersey. If
this measure passes. another vacancy will
have DO be filled The President NAV feel
1t incltmbent uron him to appoint an East
ernerIIto this post but Associate Justices
Holmes and Mckenna have long passed tho
retirement age, and one or the other or
both. rplay drop out in the near future In
such. an event. the South should be ready
with one or more of its ablest LAWYERS and
be prepared to press strongly for an an
pontnlent at the Presidents hands
one, more Democrat on the Supreme,
Court-woUid only balance that tribunal ba
tweep two parties along traditional lines
At present there arc three Democrats and
six Republicans on the court. including Mr.,
Rutler. There might properly be four
Democrats and five Republicans ON .nat
court President Taft insisted upon mat
division in making bis appointments a
very good precedent for presidcn, Harding
to follow
sace tho death of Chief Justice wbI,n
the South has not been represented ON mis-
court except by Associate Justice McRov-
nolds who was born In kentucky ana
reared in Tennessee. Since attaining man
/ hood-Mr REYNOLDS has lived in tho East, and
was -practicing law in New York whom
I President Wilson appointed him Attorney
General