The Washington times., 1930-03-12
HOOVER COMBS.
NATI0NE0 !.
JUDGE I 1
Ccsntidas1 ffOm Pass ~

the firessot the Hughes fight are
still stnonldering,
There is no dearth Of candi.
dates section and every
faction has one or more.
The South wants . 6outherner,
FOR Justice Sanford, whose death
caused the existing vacancy, came
from the south. The Pacific
Coast has no member and wants
one. The Democrats, with only
two members Of the present court,
contend the appointment should
70 to q Democrat to relieve the
top-heayy RepublicaniSm OF the
bench. And above and beyond
these conflicting claims is the de-
mand voiced In the Senate BY Op-
ponents OF the Hughes appoint.
ment that the new Justice be -
liberal"
There has been some talk Of
Senator Borah. It Is idle talk, for
Senator Borah, along With some
Is Of his colleagues, is constitu.
tionally ineligible Cor judicial ap.
pointment ct this time.
-Four years ago the Senate voted
increases In judicial salaries the
Supreme Courts among the1n.
Section six Of article one Of Con.
stitution provides:
"No senator or representative
shall, during the time for which
he was elected, be appointed to
any civil office under the author.
ity OF the United States, which
shall have been created, or the
eTnolumentS whereof shall have
been increased during such time"
:, walsh Also Is Barred
.DorAh Is stilI 'sArvfng the term
iii winch he voted % increase
judicial salaries and thus - auto.
matically barred. Other SEN
ators who come within the same
barriers include Walsh (D.) Of
Montana. Robinson (D.) Of Ark
anSaS,- Goff (R.) Of West Vir.
ginta, Bratton CD Of New Mex.
leo and @ score Of others.
HTl1N statute does not apply,
however, to two-thirds Of the
Senate elected since the Judicial
SALARIES were increased. Senator
walter r. George lD.) Of deorgia,
whose name !. has been profni.
nently mentioned, comes within
this list. He was for years
Chief Justice Of the Georgia Su.
pren1e Court. - s*1. E go
It's, rlInored, however, that
President Hoover has decided to
appoint no.. man. who opposed
the Hughes nomination. Sen.
atoE George did, :.
The impression prevails that
President Hoover viii turn either
to the Federal circuit courts OF
the Federal district courts for the
successor to Justice Sanford
This, field furnishes plenty Of
candidates. There is Judge John
j. Parker Of North Carolina
Judge Curtis D. wilbur Of CAT
forniA, Secretary of the Navy IN
the Coolidge Administration;
Judge William g. Kenyon Of
Iowa, now T. member Of the
Wickersham Law Enforcement
Commission; Judge Xenophon
Hicks Of Tennessee, now on the
Circuit Court Of Appeals; Judge
Paul Mccormick Of California.
Newton ID. Baker Mentioned
Almost every member Of the
Federal judiciary might, without
exaggeration, said to be Q Candi'
date In the sense that he has
more or less support from ono
source or another.
No appointment Is considered
likely for several weeks. Some Of
the opposition to the Hughes ap.
pointment was engendered by the
fact President Hoover made II
without consultation with any Of
his advisers, and there Is q con.
siderable section Of Hoover's own
party that does not believe ap.
pointments pf such importance
should be made that way. Con
Sequently. It is expected that Mr.,
Hoover Will stop. look and listen
before making his second norni'
nation to the SI1nreme Bench.