The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-26

referred to are probably the younger and more
efficient members Of the Court, who find their
elder colleagues more of an enoumbranoe
than anything else. The only men,
bers OF the Court who would be
affected by the law, II passed, are Justices
Grier and Nelson. The former is now about
seventy-four years Of age, has long been in
extremely feeble health, and is said to sleep
away the time while sitting with his colleagues
upon the bench. Justice Nelson is even older,
having passed his seventy-sixth birthday.
That men whose lives have been devoted to
such burdensome labors should retain all the
vitality, energy, and ability of their youth to
such an extreme old age is not to be expected.
The tenure Of their Office being for life, under
the provisions of the Constitution ITSELF we
cannot demand of them a resignation, after
they have devoted the best years of their
lives TO the service of the Republic. II is
nothing more than simple justice to give them
an opportunity to retire from the active labors
of their positions on full pay, when they have
been incspacitated by weight Of years for the
proper discharge of these labors. Since law
is now in force which prohibits any new ap.
pointments to the Supreme Bench until the
number Of judges has been reduced to less
than ak by death, resignation, or removal,
there would be no occasion for supplying
vacancies for some time to come.
The other project looks towards an increase
In the salaries of the judges of the Court, aud
this should likewise at once command the in
dorsement of all thinking men. Under the
present law the Chief Justice is in receipt OF
the paltry sum of $4,000 by way of salary,
the associate justices receiving but $4,000.
When these insignificant sums are compared
with the munifcent pensions conferred by the
British Government on outgoing Lord High
Chancellors, sense Of shame, if nothing more,
should prompt us to make amends. 1t is said
that, as yet, no member of the Court has made
direct complaint of the insuficiency of his
salary, but it is we'll known that Justice
Curtis, of Massachusetts,, resigned some years
ago because Of the Insignificant salary which
he received. The present members of the
Court do not all rank among the first law
yers of the country, but it is doubtful If
any one of the number wonld not be
able to earn more money by the practice of
his profession than he receives from the Gov
ernment for sitting in the highest judicial
tribunal in the country. Nor can lawyer
of liberal education and large practice afford
to go upon the bench as things now are. Vir-
tually, the Government can command the SER
vices of second-rate men only; and the his
tory of the Supreme Court during the last
quarter of century proves that it has sue
ceeded in obtaining the services of such men
only. as a general rule. There are thousands
ofpositions in the gift ofthe Executive branch
of the Government which yield their incum-
bents much higher incomes, many of them
amounting to $50, 900 or more per year; and
yet the Supreme Court of the United States
should be composed OF the ablest and most
upright men in the country. While a civil
service system is sadly needed to re-
duce the expenses and increase the re-
sources of the Government in all its
branches, justice demands that the salaries of
the judges of the Supreme Court should be
increased to an amount that is, in some
degree, commensurate with the labors and re-
sponsibilities eXacted of them.