The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-01-14
HOOVER SEEKS
DEMOCRAT FOR
COURT BERTH
Cardozo, Baker, Davis Are
in Foreground to Sue
coed Holmes.
N. Y. JUDGE IS DOOMED
Coolidge, Dean Pound Lead
Republicans Boosted
for High Tribunal.
BY LEO X. SACK
Times stan Correspondent


WASHINGTON, Jan. 14.-Presi-
dent Hoover is considering the ap-
pointment of an outstanding Demo-
crat to succeed former Associate
Justice Oliver Wendell Holmes, it
was said in authoritative admins
tration circles today.
In such an event, his choice may
be either Chief Justice Benjamin
N. Cardozo of the New York court
af appeals, former Secretary Of War
1,ewton D. Baker, or John w. Davis,
one time solicitor general of the
United States, and the Democratic
presidential candidate in 1924.
Judge Cardozo does not identify
himself as either Democratic or Re-
publican, and in his last two con-
tests for reelection he has had the
nomination of both parties.
He now is being recommended to
President Hoover by outstanding
leaders in both political groups. Be-
cause his original political afilia-
tons were Democratic the impress
sion prevails that he is Democrat.
Remember Senate Fight
The President, it is known, is
) anxious to avoid a fight with the
senate, such as occurred in 1880,
when he nominated Judge John j.:
Parker of North Carolina. He is
aware that the senate is expecting
an outstanding personality, whose
record can not be attacked.
Because of this, the impression
prevails in senate circles, he has
abandoned consideration of Attor-
ney-General William De Witt
Mitchell. Nomination of Mitchell
would be the signal for prolonged
fight by senate progressiveS, with
Senator Schall (Rep., Minn) prob
ably leading the fight.
Mitchell has been criticised by
Schal heretofore for alleged negli-
gence in pressing the governments
claim for inheritance taxes against
the heirs of the late James j. Hill.
Mitchell was attorney for Mrs. Hill,
and the allegation was made that
later, while solicitor general, he
was indifferent to prosecuting a
proceedings instituted by the bu-
reau of internal revenue.
Many Boost CardOzO
The senate, it is known, will well
come the appointment of Judge
Cardozo, and several senators have
expressed their preference for him.
Senator Robert F. Wagner Oem.,
N. ", is calling upon President
Hoover today to recommend formal
ly Judge Cardozo's appointment.
Meanwhile, the White House is
learning by kilograms and other
wise that Cardozo's selection would
be pleasing to lawyers of the coun-
try, who regard him as one of the
nations foremost jurists.
The political consequences of the
appointment of either Baker or
Cardozo would prove beneficial to
the President, and political consid-
CITATIONS, obviously, will enter into
the appointment, senators think.
Although it is not likely that he
will be consulted, Senator Norris
(Rep., Neb), chairman of the SEN
ate judiciary committee, has ex-
pressed a preference for either
Cardozo or Circuit Judge William
S. Kenyon of Iowa.
Coolidge Is Considered
The name of Roscoe Pound, dean
of Harvard law school, has entered
into Republican calculations, as has
that of former President Coolidge.
Dean Pound is 81 and comes from
Massachusetts, the home of retiring
Justice Holmes.
Coolidge also comes from New
England, and although he is not
known nationally as a lawyer, a
precedent exists for the appoint
ment Of a former President. The
late Chief Justice Taft was chosen
by Harding.
At the White House it was in
Dictated today that President Hoo
YER will consider carefully the mer-
its of all those mentioned, and that
he win not make a hasty appoint
ment.
The facts are, however, that he
already has considered the merits
of Cardozo, Baker, Kenyon and
others. as their names were before
him two years ago when he ap-
pointed Parker.