Savannah morning news. [volume] (Savannah) 1868-1887, 1884-11-02
THE SUPREME JUSTICES.
Their Ages and General Appearance
When Some of Them VIII be Ready
to Retire on a Pension.

Their Ages and General Appearance
When Some Of Them VIII be Ready
to Retire on a Pension.
Persons who are figuring on the number
Of justices that President Arthur will
appoint are overlooking sundry points,
says a Washington special to the Chicago
Times, both in the law and in judicial
perhaps in would be better TO say human
nature. 1t has been confidently asserted
that the next President would have to fill
| four vacancies on the Supreme bench, but
only Omniscience can be sure of anything
of that kind. The retirement of the JUS
| tees is purely voluntary. There is con-
stitutional inhibition of compulsory re-
tirement in the words "the Judges, both
of the Supreme and the Inferior Courts,
shall hold their offices during good be-
the organic law. Hence a Federal
Judge has a perfect right to remain
Judge till the soul leaves the body
if he only remain honest, no mat
ter if be deaf, blind, or imbecile. The law
which was .assed as recently as April 10,
1869, only provides that Judge NAV re-
tire on full pay when he has reached the
age of 70 and has served ten years upon
the bench. The ordinary OverWOTked in
Wv ANAttttA lLeN nc NOuANt ACNAA Z OA
full pay just as soon as he was eligible,
but he probably wouldn't. A man who
has always lead busy life does not want
to settle down to nothing, and old men are
naturally enough a little sensitive about
confessing that their best days are past
and that they can no longer do the work
they used to do. Army officers are often
induced to retire by impaired health
owing to service in the field, and yet Con-
rapnpriN foI1nH II ~ 70 o.
retirement Of army officers cOmpulso-
~ instead OF voluntary, in order
to give the young men a chance and to
prevent all the highest positions in the
army from filling up with decrepit old
gentlemen of 20 or 50. But judges are
seldom men whose constitutions have
been impaired by hardship and field SER
vice. a reasonable degree of bodily YigOr
stands by them till an advanced age. The
legal profession inculcates an exceptional
respect for precedents and old usages-
naturally, therefore, for old men. The
work of the judges Of the Supreme Court
is not very arduOus. Besides
SITTING on THE BENCH
four hours day, it is true that the court
spends some time considering cases. But
the so-called bench is a very comfortable.
high-backed chair, in which His Honor
rests himself well, and occasionally goes
~ oACCps ~ duN rate. MUG0 Weary NE
can walk out and get a little change. The
Justices are everywhere received with
honOrs that are agreeable to all men, and
there Is long summer vacation. By the
time Judge has attained the age of 70
years and been 10 or 20 years on the
bench, the authorities are pretty familiar
TO MN, and he does not have to wear out
much brain tissue studying cases.
In consequence Ofall these facts YOU can
not dDnpO0 .IHCtIQlG Of tho
Court retiring as soon as they are 70years
Of age.
Before 1869 Justices remained on the
bench till they died. even though they
might be totally unable to perform the
duties of the office. Judge Grier was the
first member of the Supreme Court to take
advantage of the retiring law, but he was
then y. The next to retire was Judge /
Nelson, and he did not leave the bench till /
he was rs. Justice Strong retired when /
he was little more than 20, but he was !
growing so deaf that he could not hear /
arguments, and he was too conscientious /
to remain on the bench. Justice Swayne /
staid on the bench until he was IS or 76.
Judge Hunt was retired under a sDecial /
statute passed a couple Of years ago. He /
was over 70 years Of age, and was phys
lcally unit to perform any of the duties
of his high office. But, having been over
90 when he was appointed, he had not vet
served ten years on the bench, so he could
not retire en- full pay; and though he was
a man Of large wealth, and his retention
of his place was seriously
RETARDING PUBLIC BUSINESS,
he refused to retire till the ten years from
the date of his appointment had expired.
With Clifford and Hunt both disabled, it /
was sometimes difficult to get a quorum
Of the court. The business Of the court is
q VVaVG thrpn wears IN arrnorc oud fIf.-.-
were getting worse. Finally Congress
enacted law that if Hunt would retire
be should have full pay, though he had
not served ten years. Then he ra5igafi.
Judge Clifford never retired . He died at
me age OF aDll{t4si5. 4. 1t is told Of him that
ne soBshnly resolved never to retire till
here was Democratic President to ap-
point his successor. For two years before
his death be nev5r appeared in court, and
his mind failed so that during the greater
portion of that time he was not capable of
himself from the bench.
Take the present court. The four Judges
who, it is said, will retire during the next
are Chief Justice VI ate
and Associate Justices Bradley, Miller
and Field. The history of judicial retire
ments renders it doubtful if any one of
these, except Bradley, will retire during
the LeXt four years, and not certain that
he will, 1t is true he is II, but he might
have retired last year and didn't, and has
recently denied that he had any thought
of retirement. Joseph Bradley, irreVer-
emily known since electOral-cOmmission
days as "Aliunde" Bradley, is toe coed a
Republican to retire if Cleveland should
be elected President. Death may knock
the excellent Judge off the bench. but
HE WILL NEVER HIMSELF
afford Democratic President an Oppor-
tunity TO appoint his successor. The
Chief Justice and Justices Miller and
Field are IS. The Chief Justice does not |
look his years by a decade, and Judge
Field does not look much over 60. He is
the sole representative Of the Democratic
party on the bench, and if James G..
Blaine be elected President, Justice Field
may be depended on to refuse all the al
lurements Of the retirement act. Field
will hold on until there Is a Democratic
President or Providence calls him away.
Justice Miller looks about his age. but be
is tough, gnaTly-lOoklng old gentleman
who Is good tor six or eight and perhaps
ten years yet if paralysis and apOpleXy
spare him.
OF the other Justices, BlatchfOrd is 81,
but as he was only appointed two years
ago he Will have to serve till he is y
before he can retire on full pay, unless a
special act is passed in his case, as in
" ara nUlt ;. cldule9 MdllAeVS Is OU,
and has been three years on the bench.
Woods is 60, and has been four years on
the bench. Gray is SO, and was appointed
three years ago. Justice Harlan's hair
less head makes him look like patriarch.
but he is the youngest of the Judges,
being only 81, and he has been seven years
on the bench. These younger Judges are
pretty healthy and active looking gentle.
men.
In short, if death and diseae-. Two the
honorable justices Of the supreme court |