Naming the 14th

The moment that news of Chief Justice Vinson's death flashed out of Washington, the speculation began: Who will be the 14th Chief Justice of the U.S.? When will President Eisenhower nominate him?

There is a long-standing precedent involved in "When?" In 1795, after George Washington gave South Carolina's John Rutledge an interim appointment as the second Chief Justice (to succeed John Jay), the Senate refused to confirm Rutledge. (Washington, rebuffed, appointed Oliver Ellsworth and got his man confirmed.) Since then, no President has named a Chief Justice when Congress was not in session. If Dwight Eisenhower were to follow the precedent, he would 1) wait until January to make a nomination, and let the court begin its fall session without a chief, or 2) call a special session of the Senate to confirm his nominee.

Speculation about "who?" whirled across the country. The President is not expected to promote one of the Associate Justices. Only two of the 13 U.S. Chief Justices (Edward D. White, appointed by William Howard Taft in 1910. and Harlan F. Stone, named by Franklin Roosevelt in 1941) have moved directly from the side to the middle of the bench. None of the present Justices, who include only one Republican (Harold H. Burton, 65), appears likely to get an Eisenhower promotion.

California's Earl Warren, who recently announced (TIME, Sept. 14) that he will not seek another term as governor, is eagerly available. Some Republicans oppose Warren as too liberal, but the President is known to regard him highly. Another prospect is New York's Governor Thomas E. Dewey, who has turned down Cabinet offers but might take the Chief Justiceship. Many politicians think Tom Dewey, who is 51, hopes to make another try for the White House, say in 1960. As Chief Justice, he would be out of active politics, but Dewey has been at or near the top of his party for so long that a change of background might be good for his political health, especially in the Midwest, where his identification with New York is his greatest liability. Within the Cabinet are two possibilities: Secretary of State John Foster Dulles and Attorney General Herbert Brownell. If Brownell were elevated to the bench, Warren might be moved in as Attorney General.

At week's end, the best indications were that President Eisenhower will disregard the Rutledge precedent, make the appointment before the court reconvenes Oct. 5, with full confidence that the Senate will confirm his appointee in January.

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