Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-09-26
Three Members Of the Supreme Court
Likely to Retire.
RESIGNATION OF JUDGE M'COMAS
Local Members Of the Bar Sup-
gested for Vacancies.
I H E OATH OF FICE

Scoit VIII douDteSS undergo an almost
&C mplete change. Three of the present
Justices will soon step out by resignation or
retirement, while a fourth is eligible to re-
trement, but will probably continue ac-
lively on the bench for several years. He
may decide to abdtcate. however, at any
time. Should he do SO, there will remain
but two of the six justices of the court
and President Mckinley will be called upon
10 appoint four judges, or two-thrds of the
District bench.
justice McComas. who has served in the
Supreme Court for six years. will resign
shortly to take his seat in the United
States Senate; Chief Justice Edward F.
bingham has served in that capacity since
April rs. 1887, and is eligible to retirement
under the ten-year service clause in the
statutes and the act of Congress creating
the District Judiciary: Justice Alexander B.
Hagner was appointed and sworn in Jan
larry %. 1879, and Justice Walter s. Cox
entered upon the duties of his Office March
Z. 1879 there being hardly two months
ulIerence In the service of these two emil
nent and venerable members of the court.
Judge McComas First.
Justice McComas will probably be the
first to leave the bench
The Maryland senator-elect will take with
him from the District courts one of the
brightest and most popular of the assist
ant clerks. Mr.. l.. Carroll Downs, who has
acted as clerk in Circuit Court No ., pre-
sided over by Judge McComas, and who
Will accompany the senator as his private
secretary.
While he has given no intima ton as to
the exact time when he will tender his res
ignation, it is not believed Mr.. McComas
Will leave the bench until he Is compelled
to prepare for his entry into the senate on
March next He was appointed to the
District Supreme Court by President Harri-
son in November, 1892. and was temporarily
sworn in the 22d of the same month
His appointment having been made dur
ing recess of Congress he was later con-
frmed and was regularly and finally sworn
IN as associate justice February g. 1893
serving continuously, however from the
time of taking his first oath of office
Justice McComas has proved to be most
efficient and brilliant presiding Judge, and
has become, since being elevated to the
bench, even more popular among his fell
lows than when a distinguished member of
the bar. While gratihed at his step into
senatorial honors his many admirers among
the legal profession express regret at losing
such a capable, Intelligent and fair-minded
judge.
The Chief Justice.
Chief Justice Bingham has served on the
bench for over eleven years. and while he
is still in the best of health and is able TO
dispose of much business TODAY as any
United States judge many years his junior.
1t is whispered among his friends that he
may soon retire.
The law provides that when the chief
justice or any of the associate Justices of
the District Supreme Court shall have at
taiEed the age of seventy years or have
served in his capacity as justice for ten
years or more he shall be eligible to retire.
ment, with compensation continuing at the
same rate as when he was actively in sery-
ice Justice Bingham was appointed to the
supreme Court from Ohio and first entered
upon the duties of chief justice April 20;
lest. HIS was also recess appointment
ana he was not confirmed by the Senate
until the following year finally being sworn
into office February g. 1855 Justice Bing-
ham has been on the bench for over TWEEN
ty-1lVe years. including his service in his
native state and III this jurisdiction and
his retirement at this time would be fully
earned and well merited. Justice Bingham
mas presided with wise elaboration and
Judgment over Criminal Court No / and
has heard many noted cases during his
service on the local bench.
1t is an acknowledged fact that in
criminal law ard practice he has no su-
perlor in the country. He is venerated and
esteemed by his fellow members of the
court and by every attorney who has hal
occasion to appear before him. His
charges to juries have been notably
falr and impartial in every case, and his
decisions of difficult law points raised by
opposing counsel have been always beyond
question.
Longest in Service.
Associate Justice Hagner has served
longer the District bench than any of
the remaining sitting judges, his only rival
for honors in this respect being Associate
Justice Cox. Both of these eminent jurists,
who have charge. respectively, of Equity
Courts Nos. and l, have served in their
present capacity for nearly twenty years.
and both are justly entitled to the retire
ment they have so long refrained from ac-
cepting, but which they will now doubt
less soon take advantage Of
Justice Hagner took the oath of his
present office January %, 1879, and has
served continuously since that time
He is remarkably keen of perception and
is quick to discover anything that is not
perfectly regular in a suit brought before
him. The lawyers have learned this by ex-
perience, and now they become very sure
OF their position before venturng into his
tribunal. characteristic of the judge Is
that in deciding case he invariably, pre-
vious to his first words, looks directly at
the attorney whom he has decided against
This is well known among the attorneys,
ana when they file into court to hear the
Justices fateful words in their cause the
legal lights quake in their boots every
time his glance falls in their direction.
Justice Hagner is popular with all who
come in contact with him. He has not
spoken of retiring at an early date. He is
very fond of the faw and will doubtless re-
main on the bench long as his excellent
health permits. and is the one in the quar-
tet who will probably not retire during the
coming year. Justice Hagner is a native
of Maryland. and received his appoint
ment from that state.
Justice Cox Is a District man, and re-
ceived his appointment as such. He has
served on the bench of the District Supreme
Court since March I. 1879. and has conse-
quently long been eligible to retirement.
1t is said that he will soon lay aside the
ermine to peacefully enjoy home life. He
has long presided over Equity Court No. l.
and wisely. Like Justice Hagner. he is a
friend of the young attorneys.
The Remaining Members,
The two remaining Justices Judge A. C.
Bradley and Judge c. c. Cole are compara.
lively recent appointments, and both will
serve efficiently. as in the past, doubtless
for a number of years to come.
There are two retired justices of the Dis
trict Supreme Court living in the CITY
Judges Andrew Wylie Of 1905 18th street
northwest and Charles p. James 1894 ms.
sachusetts avenue.
The prospective resignation of JUDGE Mo
ComaS and the retirement of at least tyvo
of the justices in the immediate future are
causing stir among the attorneys of The
city and elsewhere who have long cast n
covetous eye on District judgeship.
An appointment to the bench is an honor
bestowed upon but a few and is nghsy an.