Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-01-27
PRESIDENT YIELDS
To TAFT IN NAMING
SANFORD JUSTICE
BY DAVID LAWRENCE
(Leased Wire Service to The JOurnal.)

mGnt OF Cn16t JuSClCe IaLL ana Al
torney General Daugherty in nomi-
mating Judge E. T. Sanford, of
Tennessee to be associate 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.. J1ar-
ding decided that the talk of oppo-
sition wasn't serious enough to pre-
vent the confirmation of Judge San
ford. He held up the nomination to
give the champions of other candi-
dates a 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 in
huential lawyers irrespective OF
party.
1--WE are all pleased over the nomi-
nation of Judge Sanford" said Sem
ator Mcclellan, Democrat, today. He
is a clean cut citizen and a fine judge
and irrespective of party he was en-
dorsed throughout the state"
The writer asked Senator Shields,
of Tennessee, Democrat, if he
thought there would be no difficulty
in confirming the nomination of
Judge Sanford and he said he
thought not. He, himself, will vote
to confirm.
Wanted a SOutherner
The senior senator from Tennessee
has been considerably embarrassed
by reports since the vacancy occur
red on the bench that he himself
aspired to the place, and recently
there were published reports to the
effect that he opposed the naming
of Judge Sanford. These stories are
incorrect. 1t is true that President
Harding considered Senator Shields
for the supreme court just before
Pierce Butler, of Minnesota, Demo
crat, was chosen, but he found that
Mr.. Shields was above sixty. Mr..
Harding had violated this rule when
he named Chief Justice Taft, but
he said at the time he wouldn't make
another exception. So Senator
pn10lQS case was UASJOSSu VI W11OlA
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 to name a southerner to the
vacancy, and to promote a man who
oil T11a6n a rn0nr6 n the
federal bench. Judge Sanford was
highly recommended by Mr.. Taft,
who has known him for many years.
In fact Judge Sanford was the head
of a branch of the League to En-
force Peace when Mr.. Taft was at
the head of the movement, and their
relations have been very close. Nat
urally Mr.. Taft's opinion of a man
goes a long way with the president
There has been some discussion as
to the improperly of the judicial
branch of the government influence
ing the executive branch. There is
20 law against such practice. 1t
is understood that Mr.. Taft volun"
teered his opinions and felt he had
as much right to make a suggestion
as any other American lawyer. The
president, of course. wasn't bound
to accept the advice if he did not
wish to do so.
Political Aspects
Politically speaking, the appoint
ment has a direct view of the admin
istration. Sanford himself has never
been a politician but he has been a
consistent Republican. His brother
is one of the most influential RepuD-
in tho SnI1fh Ton.
nessee went Republican the last
time and the party organization in
the state has felt ever since it should
have some reward for breaking tbs
solid south. The argument that il
does not do any good to carry a
southern state since important
patronage isn't doled out anyhow to
Republicans from the south has been
made again and again. In fact Re
publicans from Tennessee felt they
should have had a man in the cabi.
net.
The appointment of Judge San
ford, therefore, while not originating
with the political equation has.
nevertheless, a distinct value to the
Harding administration in encourag
ing other Republicans to hope they
will get recognition too.
Two associate justices will be
credited to Tennessee when Judge
Sanford is confirmed. Former AT.
torney General McReynoIds had been
practicing law in New York for
many years when he entered the
Wilson cabinet, but he hailed from
Tennessee and when he was named
I to the bench he was credited to his
native state, Tennessee, although he
hadn't been there in many years.
Massachusetts is the only other
state to have two justices at present
to its credit, namely, Justices Bran
deis and Oliver Wendell Holmes.
There is no necessity, however, to
be limited by geographical considera-
tons in making appointments to the
supreme bench though friends of
other candidates usually argue that
d state with a. man on the court al
ready has enough representation.