The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-10
TUESDAY, DECEMBER 10, 1895.
He Is Con firmed.

He Is Confirmed.
Yesterday afternoon the federal SEN
ate confirmed the nomination Of Rufus
w. Peckham; he is one of the asso-
ciate Justices of the supreme court OF
the United States.
1t 10 worth while to take account of
the makeup of this the highest court
On the land. When the republic was
founded. the court included a chief
Justice ana i've associate justices
their first sessions were held In the
city of New York. One associate Jus
lice was added In 1907. one in 1887 and
one In 1868: with the result that the
court II now made up OF nine members.
OF these. at present. 1--WE are repubh-
cans and four are democrats. The re-
puhldcans are Gray, Brown, Shiras,
Harlan and Brewer; the democrats are
Fuller. Field, white and Peckham.
Three Of them were appointed by Pres
sdent Harrison and three by President
Cleveland.
OF the eight chief justices VINO have
served since the republic was founded,
the first was John jay. Having served
five years. he deemed the office of so
little account that he surrendered II in
order to become governor of New York.
The Nestor Of them all was John Mar
shall who. serving from 1901 to 1885,
was an oracle on the Interpretation of
the constitution; almost in as large
measure as Lincoln, he was like a
Providence to the republic. Roger b.
fancy, who succeeded Marshall, served
from 1886 to 1864. He captured an ap-
continent which. on the score of merit.
ought to have been given to Judge
Story. the foremost expounder of the
constitution OF the United States. The
country remembers fancy as the un-
popular hero of the bred Scott decd-
sion; he lived long enough to see the
people Of the United States sweep his
vagaries aside like so much fustian.
Then. in the chief justiceship, came
Salmon p. Chase. Morrison r. Waite
and NJ. w. Fuller
What loftier height could an Amerd-
can citizen ask to reach than that of
chief Justice OF the republics highest
ence. in 1873. Roscoe Conkling declined
the Office. Replying to President
Grants proffer of the place, he wrote:
Il will not detain you with reasons. nor
with expressions of the profound sense
OF obligation to you which will abide
with me always; but instead, ask YOU
TO let your choice fall on another"
fH,a
conditions that seemed to make Il 1T
ting that New York should have the
seat on the supreme bench made va
can't by the death OF Justice Batch
ford. OF that state. The circumstances
were also reviewed under which
through senatorial courtesy" New
York lost the honor. Now that the
Empire state secures <he appointment
for the more recent vacancy following
the death OF Justice Jackson. things
assume normal lines again; since 17ss
the state Of New York has been only
fifteen years without representation on |
the supreme-court bench.
AZ member of New York's highest
court. elected for a term of fourteen
years. Judge Peckham's term would /
have expired December 81, 1900. He ts
dfty-etght years old. In service in the
supreme court of the United States. he
may retire at the age Of seventy II ne
90 elects-but that Is not obligatory;
the seventy-year limit Is enforced on
judges In New York's highest court.
Justice Field. ait the age OF seventy
nine years. is active In the federal
court; Justice Gray Is sixty-seyen:
Chief Justice Fuller is sixty4wo.
In point of pay. New York does better
by the members of its highest court
than does the federal government. At
Albany. Judge Peckham has a salary
of $4,000; in Washington he will draw
$4,000 a year.
While paying the utmost tribute TO
Judge Peckham's eminent fitness for
the distinguished honor that has fallen
20 ham. former New Workers. who now
i've in Montana viii remember the man
as an interesting figure IN the politics
OF mis- native state. In 1874. at the
democratic state convention held in the
city Of Syracuse. ne made a vigorous
speech In favor OF the nomination of