The Albany register. [volume] (Albany, Or.) 1868-18??, 1880-02-06
Con- mad enc supre.ne court.

Under the above heading, the S. F,
Chronicle prints a thoughtful article
regarding one of the most glaring evils
OF American politics, viz: the habit Of
bringing political and partisan consider
atoms to bear upon class of questions
with which such considerations should
legitimately have nothing to do. This is
exempIided in the present crippled con-
dition of the United States Supreme
Court. In order to the effectiveness of
that tribunal, it is necessary that it
should at all times consist OF an odd
number OF Justices, 80 that an equal di-
vision, resulting III the failure to arrive
at decision, shall be impossible For
some time past the absolute physical
disability of Justice Hunt has incapaci-
tated him from taking any share in the
duties of the court And vet. as he
does not resign, his place cannot be
filled by the appointment OF a success
sor. The reason which causes Justice
Hunt to withhold his resignation, is an
open secret. He nstnra ly expects that,
IN accordance with precedent, Congress
will make the usual provision for his
salary daring the remainder of his life.
There is no legitimate reason why this
should not be done at once. But there is
a political or rather partisan consider
alton which stands in the way. Most
unE rtunately, the highest and most au-
gust judicial tribunal in the land is
viewed by politicians from a party
standpoint. The Democrats in Con.
gress are sanguine that there will be a
Democratic President in 1881, and they
desire that he shall have an opportuni-
ty to fill the vacancy which Justice
Hunts resignation will create. Should
he be provided for now, and tender his
resignation, a Republican might and
probably would be app"inted to fill the
vacancy. Hence tie reluctance of the
majority in Congress to make the prop
er pro. ision looking TO the retirement
of the incapaci;ated Justice Hunt. The
probability is that the>e partisan con.
si,ierat:onS will have tire effect of keep
ing the Supreme Court year longer in
its present crippled condition.
But a>itie from the serious inconveni.
enccs liable at any time To happen from
an equally divided bench, there are
other weighty reasons for the speedy ap-
p"intment ot successor To Justice
liun:. Tie Supreme Court docket is
already encumbercd with a vast arrear-
age OF undecided cases, and the work
To be done is of such volume aud i'm.
portance as seriously to task tie indus.
try of tie entire force of Justices with
full bench. Laying aside all conSid.
eraiions of over-strained deIicacy. it
may be sald--tor it is matter ut pub.
lie noto.ieiy-that there are other mem
bers of the court besides Justice Hunt.
whose advanced age and physical in.
tirmi'ies disqualify them for severe an
pro,racted work. In all human pr,,ba-
bility there will be AT least three vacan-
cies to he filled by the next President,
SO that it he is u Dem, cra,, the court is
pretty certain TO be organized on
Democratic basis within two years.
even should Justice Hunt he replaced
by Republican. This fact ought to
make tue present Congressional naj"ri-
~ willing to smooth the way for the
retirement OF that member of the court,
tor the purpose of expeJiiing it's bust
ness and preventing the failure of just
ice hy dead lock. It ought to have
the effect. but whether it actually will,
is doubtful. Intense and heated parti.
san feeling kcems To blind even good
men to fine moral distinctions, and to
blunt their perceptions of what is Just
AMI nrnner.