Marietta daily leader. (Marietta, Ohio) 1895-1906, 1900-09-12
1t Would BE Lost If Bryzn
Ee Elected.
WHAT SEN. BDMUND5 SAYS
seven judges to Retire In Next
Eaur Years.
WHO WOULD BRYAN APPOINT 2


Partisan Machine.
The fear expressed by former Sen
ator George f. Edmunds that if Mr.
Bryan is elected president he might
change the complexion of hte supreme
court of the United States has called
attention to the fact that the next
president may have the appointment
of majority of the members. of the
court. Should this opportunity fall to
Mr. Bryan there is reason to believe
he would select men who. could be
counted upon to sustain all the ideas
for which Mr.. Bryan stands, including
the graduated income tax.
The supreme court consists of the
chief justice and eight associate JUS
tices. Under the law the members of
the court are appointed for life, but
they can retire of their own volition
after reaching the age of 70 years, or
after having served for 10 years.
Members OF the court who, If they
SO elect, can retire after 10 years SER
vice before the expiration of the next
| presidential term, are Chief Justice
Fuller and Justices Harlan, Gray
Brewer, Brown, Shiras and White.
There are those seven possible re-
tirements before Mr. Bryan would go
out of Office if he should be elected.
! Ae, ne tla
tinue TO serve for some years after
reaching the age of permissible retire
ment, and it is hardly probable that all
of those who will reach 10 years dur
ing the next four years will retire.
When the probabilities of death are
taken into consideration, however, it
is not impossible that the next presi-
dent will have the appointment of a
majority of the justices.
Records show that vacancies in the
court often occur in quick succession
! President Lincoln had the appointment
. of one chief justice and four associate
, justices, while President Johnson had
no appointment. President Grant in
his two terms appointed chief justice
and four associate justices. President
Hayes appointed two associate JUS
tees; President Garfield one associate
justice; President Arthur two asso.
; ciate justices; President Cleveland, in
!, his first term, chief pustce and one
associate justice; President Harrison
four associate justices; President
Cleveland III his second term, two as.
sociate justices, and President Mc<in.
ley enc associate justice.
Since President Harrison's admins
tratiCn, there have been only three ap,
pointments, and If the law of average:
is to be followed it would seem prob
able that at least four vacancies will
occur during the next presidential
term. enough to give Mr.. Bryan, il
elected, within one OF majority of the
court.
Mr.. Bryan might not have to wal
for deaths or retirenents to enable
him to give the court a majority o.
, members in sympathy with his views
| If he is elected. il is quite probable
that he will have Democratic houst
. of representatives, and IL the senate il
not Democratic during the first twt
years of his term, it will be so durin,
i. the last two years. By an act of con
gress half dozen lines long, the mem
bership of hte court be increased
I, enough to enable him with such va
cancies as might occur to appoint ;
majority of the justices.
That such action would be taken IL
the event of the Democrats controlling
congress is practically certain. With
in the last so years the court has beei
temporarily increased. During tn
Civil war the membership was increas
ed from nine to ten, and the late Jus
tice Field was appointed by Presiden
, Lincoln as the tenth member. 1t wa
. freely charged at the time that thi
increase was made to obtain a cour
that would uphold the constitutional
ity of the war measures of congress
, and the president. After few year
the court was restored to its old mum
ber.
/, The most pronounced case of ap
4 pointments to the supreme court beinj
maui W ODldln IL WlSUSu lot ueclSlOl
: arose in connection with the legal ten
t der cases. The court decided the lega
/. tender act unconstitutional on Febru
Y airy Z, 1870. President Grant sent t,
1 the senate the same day the nomina
: tion of William Strong, of Pennsyl
{ vania, and Joseph P. Bradley, of New
Jersey. to ill two vacancies. The re
3 organized court again took up tn
legal tender cases. They were rear
. gued, and in 1871 the court reverse,
its former decision. What has beel
:, done once can be done again, and |
= would not be at all surprising to man.
: persons here If Mr.. Bryan, in the even
. of his election, should find some mean
I before the expiration of his term Il
/ completely change the supreme cour
: and obtain decisions that would be il
5 entire harmony with his theories o
a government.