San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-01-25
Judge Sanford's Confirma-
ton Expected Despite
RumorS Of Opposition.
HE IS A REPUBLICAN
Appointment Is Expected to
Help Party in the
Southern States.
BY DAVID LAWRENCE.

dent Harding yielded to the influence
of Chief Justice Taft and Attorney Cen
eral Daugherty in nominating Judge
Z. 7. Sanford of Tennessee TO be as
sociate justice of the Supreme Court of
the United States.
The delay over the sending Of the
nomination TO the Senate was partly
due TO the Presidents illness and partly
to the furry in Senate circles over the
activity of the chief justice in favoring
the appointment. Mr.. Harding decid-
ed that the talk of opposition wasn't
serious enough to prevent the confirma-
ton of Judge Sanford. He held up the
nomination TO give the champions Of
other candidates chance to present
arguments for their own men, but
finally came to the conclusion that of
all the men suggested, Judge Sanford
would make the best associate justice.
Although Judge Sanford is Re
publican. he was endorsed highly by
practically every bar association in the
state of Tennessee and by influential
lawyers irrespective of party.
"Wc are all pleased over the nomina-
ton of Judge Sanford" said Senator
Mcclellan. Democrat. today. "He is r
clean cut citizen and a fine judge and
irrespective of party, he was endorsed
throughout the state"
Shields TO Vote for Him.
The writer asked Senator Shields Of
Tennessee. Democrat. if he thought
there would be any difficulty in con-
firming the nomination of Judge San
ford and he said he thought not. He,
himself. will vote to confirm. The SEN
Tor senator from Tennessee has been
considerably embarrassed since the va
Cancy occurred on the bench by stories
that he himself asnircd to the place and
recently there were published reports
TO the effect that he opposed the nam
ing of Judge Sanford. These stories
were incorrect. 1t is true that Prcsi-
dent Harding considered Senator Shields
for the supreme bench just before
Pierce Butler Of Minnesota, Democrat,
was chosen, but he found that Mr..
Shields was above 60. Mr.. Harding had
violated this rule when he named Chief
Justice Taft, but he said at the time ne
wouldn't make another exception. SO
Senator Shields case was disposed of
when Pierce Butler was named and
he was not involved in any way in the
consideration of names for the place
vacated by Justice Pitney and TO which
Judge Sanford has just been named.
The desire of the President has been
10 name n southerner TO the vacancy
and TO promote a man who had already
made q record, on the federal bench.
Judge Sanford was highly recommend
ed BY Mr.. Taft. who has known him for
T,, 60 TnlF-n Sanford
was the head OF a branch of the League
to Enforce Peace when Mr.. Taft was
at the head OF the movement and their
relations have been very close. Natur-
ally, Mr.. Taft's opinion of a man goes
long way with the President. There
has been some discussion as TO the i'm
propriety of the judicial branch of the
government influencing the executive
branch. There is no law against such
practice. 1t is understood that Mr..
Taft volunteered his opinion and felt
be had as much right to make sug-
gestion as any other American lawyer.
The President. Of course, wasn't bound
to accent the advice if he did not wish
to do so.
Helps Party in South.
Politically speaking. the appointment
has an indirect value to the admins
tration, Judge Sanford himself has
never been a politician, but has been
consistent Republican. His brother il
the editor and publisher of the Knox
Vile Journal and Tribune, one OF the
most influential Republican newspapers
in the South. Tennessee went Repubt-
can last time and the party organization
in the state has felt ever since il must
have some reward for breaking the solid
South. The argument that it doesn't
do nnv good to carry n southern state
since important patronage isn't doled
out ANYHOW TO Republicans from the
South has been made again and again.
In fact, Republicans from Tennessee
felt they should have had man in the
cabinet.
The appointment Of Judge Sanford
while not originating with the politician
equation has nevertheless distinct
value TO the Harding administration IN
other Republicans to hope
they will get recognition, too.
Two associate justices will be cred
tied 10 Tennessee when Judge Sanford
is confirmed. Former Attorney General
had been practicing law in
New York for many years when he en-.
tered the Wilson cabinet. but he hailed
from Tennessee and when he was named
10 the bench he was credited 10 his ma
tive state. Tennessee, although he hadn't
been there in many years. Massachu-
sets is the only other state TO have
two justices at present 10 its credit,
namely. Justice Brnnde's and Oliver
Wendell Holmes. There is no necessity
To be limited by geographical considera-
tions in making appointments to the
supreme bench though friends OF other
candidates usually argue that state
with a man on the court already has
enough representation.
4S1