The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-05-08
ON THE SUPREME BENCH.
Current Gossip OF the Personnel or
Uncle Sans Highest Ju-
dicial Tribunal.
Why Justice Field Will Neither
Die Nor Resign From the
Court.
Was the Court of Twenty Years Ago Adler
Tl.Aa Al-- n----- UA--.--. kI
Was the Court OF Twenty Years Aga Adler
Than the Present blowout and
Democratic.

WASHINGTON, May THE illness Of Mr.
Justice Joseph p. Bradley, with tho posi-
bility of his leaving the supreme bencl
either by death or by retirement, calls at
tention to the fact TINT the personnel OF
the supreme court has almost entirely
changed in the past fifteen years. Bradley
and Field are the only active members left
of a court which then comprised Chief
Justice Waite and Justices Nathan Clifford,
of Maine; Noah H. Swayne, of Ohio; Samuel
+. Miller, of Iowa; David Davis, of Illinois;
Stephen j. Field, of California; William
Strong, of Pennsylvania; Joseph p. Bradley,
of New Jersey. and Ward Hunt, of New
York. Clifford, n brilliant old man, with
smooth-shaven face, white hair and a great
old-fashioned white neck cloth, was the
dean of the court, dating az he did from
1867. and the chief justice, dating only from
1874, was the youngest member.
Now Clifford and Waite are both dead and
gone. and SO are Swayne, Miller. David
Davis and Hunt, while Judge Strong, still
hale, if not hearty, at "a, lives here on the
retired list. John NJ. Harlan, of Kentucky,
who had been one of the visiting statesmen
in Louisiana, was the first man appointed
to the supreme bench after 1876, Hayes put
ting him on in 1877. Late in his admins
tration Hayes undertook to reward another
visiting statesman-Sanley Matthews, of
Ohio-in the same way, but the nomination
was not confirmed. and had to be renewed
by Garfield. Matthews died last year.
Arthur had two appointments to the SUI
preme bench. and made two OF the best of
our time in Justice Horace Gray, who had
been chief Justice Of Massachusetts, and
Justice samuel BlatchfoTd, Of New
circuit judge. Cleveland had two
appointments. and selected Chief Justice
Fuller and Mr.. Justice Lamar, the latter
being then secretary of the interior.
Harrison has already had two appoint
ments, and, like Arthur, took judges for
the places, only both Brewer, who sue
ceeded Matthews, and Brown, who sue
ceeded Miller, were both federal judges.
Harrison will probably have an opportu-
nifty to fill Justice Bradley's place, for
Bradley is IS and has served twenty-one
years.
But that veteran democrat, Stephen j.
Field, who having been appointed in 1866,
is the dean of the court, will neither die
nor retire during a republican adminlstra-
ton. At Is he seems perfectly we'll able to
keep the promise he made himself years
ago that he would not leave the bench un
til there was a democrat in the White
house. He did not like Cleveland and SO
would not let him count. / don't know
what he would do if Cleveland should re-
turn to the White house. but probably he
would live through it and hold on to his
place.
The old supreme court, that is. the court
of twenty years ago-like most things seen
looking backward-seems ADLER than the
court OF to-day. But this may be only be-
cause there are SO few tried and proved men
on the present court. Thus far, howeyeI,
high "a the average of ability in the present
court is, it has developed no such brilliant
quartette as, for example. Salmon +. Chase,
David Davis, Samuel Il. Miller and Stephen
j. Field, of the court Of 1871. But they had
all been rIpened by the terrible decade of
the war. Whether or not the present bench
would compare fayo ably man for man
with any given court of the former time. it
is entitled to the credit of maintaining the
best traditions of its predecessors.
The supreme court of the United States
IS not more honored for its ability than for
its integrity or more respected for its dig
nifty than tor it's simplicity. | know of no
greater compliment to the supreme court
than that paid it last winter by the English
government i'll submitting the Boring sea
controversy to its arhitrament. The infu-
ence, the simple literary style of the sup eme
court DECISIONS, still carefully modelled
upon that of Chief Justice MARSHALL, may be
supposed to have upon the style of the de-
clslons of lower courts and so upon ali legal
style, is recognized. But the effect of the
ktioOAiel bihtPllSluf VI ull6 CIlDt Ol lIe
count upon society has a value quite as
great. but it is not go generally appreciated.
The supreme court circle is now the only
one at Washington in which there is no
"splure'ng," no extravagant display, no
snobbery and A~nglomania.
There are sons rich men on the supreme
bench, notably Gray and Blstchforu. But
they are hardly to be distinguished from
their poorer brethren by their style of hv-
ing. Their honses, their equipages. their
dress. their entertainments are as simple,
modest ana dienified as their manners.
Now this means Il great deal in this CITY of
fashion. for the supreme court. as the high
est body of permanent members of govern
ment, is really the top of the heap So
cially. The fact that they are confirmed
by the senate constitutes the only arpu-
ment ever advanced for giving the supreme
court judges lower rank than the senators.
and they are certainly not second to nny
other class.
Whatever they do socially has its infu-
ence on all society-yes, even on the
smartest set, although the latter affect to
look down on the supreme court people as
slow and dull The impregnable so
clal position of the court gives its exumrla
great power, so that it is a matter of con-
graduation that it is so conaervatively and
sensibly held. The fast CLEMENT the
snobs, the plungers. are not represented in
the supreme court ciicle. There nre no
scandals floating around it.
More than this. the members of the court
are, ~ a rule. actively and avowedly inter
ested IN religious and p~hilanthropio enter
I rises. Justice Strong has long been the
most distinguished laymau i'll the Presbv-
terrain church,, and. besides being II ruling
elder in the church of the Covenant, is an
officer OF almost every important Protest.
ant national organization. But other
members of tho court are only less
prominent. Harlan and Bradley
are also Presbyterians. Fuller.
Gray, Blatchfora. Lamar and Brown
are EplscopaliRns. Field and Brewer are
unassigned. At the Inst three Sunday pf-
ternoon meetings of the Young Mems Chrls-
tan association justices Strong, Lamar
snd Brewer have successfully made ad-
dresses with Christian feeling, which have
naturally attracted much attention,
Personally, with few executions, the gu
preme court justices are the most demo
.ratic of public men. Most of them walk,
even when they own carriages, to and from
ne court room Mt the capitol. Judge Rar-
IAN, when he must ride Tor the weatEer's
sake, lldes III II st eet car. and nov and
! hen gets one OF his brethren to ride with
e I'M. When be III alone he ns often az not
cts out on the front platform where he
hats with the driver in true Kentucky
ashton.
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