Page:The Green Bag (1889–1914), Volume 18.pdf/698

 THE UNITED STATES SUPREME COURT

657

APPOINTMENTS TO THE UNITED STATES SUPREME COURT BY JAMES SCHOULER OUR people have seen, within the past few months, a singular spectacle. A vacancy upon the Bench of the highest tribunal of the land has been left unfilled by the President of the United States, in order that a cabinet officer, one of his special favorites, may consider with full delibera tion and opportunity whether, on the one hand, to retire permanently into so digni fied a retreat or, on the other, to pursue longer the prize of the next presidency, or rather the ambition of being nominated by the Republican convention, some two years hence, as its party candidate. Meanwhile pressing business before the Supreme Court suffers from this irksome delay. Perhaps other vacancies may occur later, and the secretary's option be extended by the Presi dent in point of time, the status of his local residence being disregarded. Could only the chief justiceship be placed within reach that would probably decide him, but the Demo cratic incumbent of that much envied place, though seventy-three years old, does not probably mean to resign, so long as a hope remains to him of surrendering his commis sion to a presidential successor of his own party faith. And yet the situation is by no means intolerable. President Roosevelt means to place a good man upon the Bench. Secre tary Taft is a man of probity and capacity, well fitted for appointment to the present vacancy. His confirmation by the Senate may be taken for granted. He has good qualifications either for President or Chief Justice. And if he hesitates whether to ex change the possibility of four years at the White House for the certainty of a life in cumbency on the Supreme Bench, he is not the first of our statesmen who has done so.

His residence identifies him with a particu lar state and section, and yet his varied ser vices have given him a national character. Probably with so honorable an office once accepted by him, he will consider all further aspirations in active politics at an end. The chief point of objection in the present situa tion is, that the interests of suitors and the public suffer while an important vacancy waits so long to enable one who has the opportunity of filling it to make up his mind. As a matter of fact, the President of the United States may exercise his constitu tional discretion so freely in appointing to our federal judiciary, and yet finds his op portunities of patronage in that respect so few and casual that the idiosyncrasies of no particular chief magistrate are likely to do permanent harm. Then again, there is the safeguard of a Senate's approval or disap proval which can never be lightly regarded. Under an executive successor less strenuous, impulsive, and wilful than our present one, we may fairly expect to see vacancies in the Supreme Court, when they arise, filled once more with due regard to maintaining the representative or circuit character which this third department of national supremacy ought always to sustain before the people Perhaps, too, we shall see professional at tainments and reputation considered for such appointments rather than political ser vices to an administration, political bias upon constitutional questions which may come up for decision, or a political reputa tion, however exalted. This expansive and well -organized judicial system which we see at the present day has become a prodigious power in the land, which legislation in Congress tends con stantly to increase and strengthen. Dealing