sold Harding Shows Timidity and Indecision in Staving Off The Appointment of a Judge Opposed by Taft

Vital Garesche was the law partner of Selden P. Spencer, and the two men were ambitious. Garesche helped to secure for Spencer the post of United States Senator from Missouri, while Garesche became a judge. When the Judiciary Act of 1922 gave Missouri an additional U.S. District Judge, Spencer began pressing hard for Garesche to receive the appointment. Chief Justice William H. Taft disliked Garesche intensely, and when he heard that Harding was considering appointing him, on January 6, 1923, he wrote the President to disuade him. There was a major bankruptcy case upcoming, and the new judge, said Taft, would be handling a large sum of money as receiver of the assets. “I have observed,” he cautioned, “great activity on the part of men who are interested in that litigation to secure Garesche’s appointment.” Taft also related that Garesche was a political judge who used his position to secure support for himself. The former President also intervened with the Attorney General, who wanted to stymie the appointment as well. Meanwhile, Spencer kept pressing Harding.

Another person would have just refused to make the appointment, seeing that the Chief Justice and Attorney General were adamently against it. Harding, however, in this letter to Spencer, wrings his hands and can barely deal with the pressure.

It does not seem to be good politics to ride in the face of a storm of protests when it is manifestly easy to select an outstanding man for the place who may be found acceptable to all elements

Typed Letter Signed as President on White House letterhead, Washington, March 1, 1923, to Senator Spencer, explaining why he has not yet nominated Garesche. “I think you must have understood that I have failed thus far to send in a nomination for a Federal Judge in the Eastern District of Missouri, because I have not been able to convince myself that I should nominate the candidate whom you so earnestly urge for that position. There is a violent protest from many sources against the nomination of Judge Garesche. The Attorney General has notified me that he finds himself unable to recommend the nomination. I think you can understand how reluctant I am to nominate without the recommendation of the head of the Department of Justice. Moreover, I am exceedingly reluctant to nominate when there is so much of opposition voiced against your candidate. It does not seem to be good politics to ride in the face of a storm of protests when it is manifestly easy to select an outstanding man for the place who may be found acceptable to all elements. I fully appreciate your loyalty to a friend. I have had the same feeling and maintained the same attitude myself on numerous occasions.” Harding closes by assuring Spencer, “I shall make no nomination until I have further consulted with you.”

So unable to appoint a manifestly inappropriate man to the judicial position, and equally unable to face the wrath of Spencer maintaining that as Missouri Republican Senator, his wishes regarding the appointment should be honored, Harding froze and did nothing, and when he died in June, the post was still vacant. Spencer set about pressing the new President, Calvin Coolidge, to secure Garesche’s nomination, and Taft countered by again interposing himself to block it. In the end, Garesche did not get the post.