The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-11-13
ALMOST ONE CENTURY OLD.
THE U. S. SUPREME COURT.
Many Changes on the Bench-Only Two
Ex-Associats Justices Now Livine-The
Work of the Judges-1Iode of
Procedure, Etc.

Bays lllG ~ uSIttgtYU 4 OSL. AiLuOu2l has
been more than a century since it was es-
tablished by law it was not fully organized
until 1870. During its century of exist
ence it has passed upon all phases of the
law, interpreted the constitution of the
country, and is the only tribunal before
which law-maker and law-breaker alike
must bow in submission.
From its findings there is no appeal
It's decisions are final and its mandates are
enforced even if il is necessary to call
upon the military power of. the govern
ment to enforce them. 1t is the sole
arbiter Of all legal disputes between states,
and In fact. is the sovereign of sovereign
ties. Questions of law Of ali kinds come
before IL on appeal from all other federal
courts, and in criminal cases where ques-
tons which which involve rights
claimed under the constitution, laws
or treaties of the United States.
In civil cases where the validity
Of a law is attacked it can be APP
pealed to without regard to the amount in
controversy in the case. When the stat
ute OF a state conflicts with an act of con-
gress the court is made the arbiter of the
dispute, and by It's action only can the
state law be declared a nullity. When
COnBlNDO DdSHGE u ldW MAlLu Is III EUUulEk
with the constitution the supreme court
has the power to declare it void. But the
construction of law, either state or ma
tional, cannot be decided except it comes
before the court in a case, and it
must have regularly passed through the
lower courts. Thus it is that this court,
whose decisions have come to be looked
upon with awe by the majority of men,
and with respect by the legal fraternity,
has come to be called the expounder of the
constitution. 1t is In one sense, but
it goes farther, and besides settling Ques-
tions involving law, has also at times de-
cided those where life and life and liberty
was involved.
The supreme court, at Its organization
in 1870, consisted of a chief justice and
five associate justices. The number of as
sociate justices was increased 20 six in
| 1907 by the appointment OF Thomas Todd.
For thirty years it remained the same, but
in 1887 it was increased to eight bv the
appointment of John Catron and John
Mckinley. During the war, or to be pre-
else, in 1865, President Lincoln raised the
number to nine by appointing Stephen J.
Field, one OF its present members Two
years later its number was decreased to
eight by the death of John Catron, and
the death of Joseph NJ. Wayne, in 1867,
decreased its. quota TO seven. In 1870
President Grant increased its membership
to eight by the appointment Of Joseph P.
Bradley, who still retains a seat on the
| wOOl-sack.
At the present time the crowd consists
| of seven associate judges and chief JUS
! tice, the vacancy among the associate
| judgeships having been caused by the
recent death OF Stanley Mathews. The
associate judges of the court are Samuel
F. Miller, Stephen J. Field, Joseph P.
Bradley, John NJ Harlan, Horace Gray,
| Samuel Blatchford, L. @. G. Lamar, and
| Chief Justice NJ. W. Fuller.
OF these Justice Miller is the oldest in
| time OF service, and he enjoys the proud
| distinction with Justice Field of being the
| two oldest justices on the bench. Both ere
seventy-three years old, and each has been
a member of the supreme coart for over a
| quarter of a century. Justice Miller was
| appointed in 1862, and Justice Fields the
| year following.
The tenure of office is for life, during
| good behavior, and a member can only be
removed by impeachment for high crimes
| and misdemeanors. As an instance Of the
old maxim, that few die and none resign,
| it may be said that in addition to the pres
| ent members OF the supreme court, there
are but two living ex-associate judges.
| One of these, Judge John A. Campbell of
| Alabama, was appointed by President
| Pierce in 1858, and at the breaking out of
| the war he opposed the secession OF his
| state, but went with it. resigning his po-
sition on the bench. He is now practicing
| law in New Orleans. The other, Justice
| Strong, was retired in 1880 on full pay,
and is spending his declining days in this
city.
| Since the organization of the court there
have been eight chief justices and forty
four associate justices. OF this number
| nine resigned, five were retired, one failed
of confirmation by the senate, and the
others died in Office or are now holding
| the position.
Justice Campbell is seventy-eight years
of age, but Judge Strong is three years
| older. OF the eight chief justices which
| the court has had two resigned-John
Jaw and Oliver Ellsworth-and one, John
| Rutledge, failed of confirmation. Chief
| Justice Marshall and Justice Story had
the honor of serving on the bench longer
| than any of their confreres, each serving
thirty-fonr years.
The act of April 10, 1869, permits them
to retire with full pay for life, after reach
| ing the age OF seventy, provided they
serve ten consecutive years. The pay is
SiO,500 for chief justice, and $4,000 for the
associate justices.
Prior to 1870 the docket of the supreme
court was not very voluminous, and it was
| generally an easy matter for the court to
| keep pace with the cases, and usually dis
pose Of them within a short time after
| they were submitted. But a change has
come over the spirit of the court. Shaks-
peare, when he wrote OF the laws delays,
! must have had in mind the litigOus peo-
J pie of America in this year of our Lord,
/ 1889. For surely If ever a litigant deserves
sympathy it will be when he appeals his
case TO the supreme court, with the ex-
pectation of having it decided at an early
date. At the present time there are ,4S4
cases on the docket, and new ones are
being added constantly, while there is but
one day in the week on which decisions
are rendered, Monday.
The court is able to dispose of about 425
per year on an average, so, providing there
is no delay in the pending cases, the man
who has his case docketed tomorrow may
reasonably hope to have it reached be-
tween three and half or four years.
Only one term is held annually, begin
ming on the second Monday in October
and lasting until Adopt May. BY Feb
ruary the judgas are usually behind in
their opinions on the cases which have
been submitted, and that month is taken
as a recess in which to write up opinions.
rTFI-- i.