New-York tribune., 1902-08-20
srPREME COURT CHANGES.
OSCILLATION REGARDING SUCCESSOR
TO JUSTICE sHIRAS.
rzY TELEGRAPH TO TIE TRIBUxE.I

rRr TELEGRAPH TO TEE TRIBUNE.I
---.sb;ngron. Aug. 19-The report from Pitts
.,,-g based upon a statement Of his son, that
.,.-a Justice George Shiras has signided
= t,+ention 70 the President to resign from the
--.;tad States Supreme Court, received
--,+n great interest in Washington today. JUS
- cbf-as has been on the Supreme Court bench
- ten years and in point Of service is the
,,o1rgest member OF that great tribunal. except
+h-.A-Tustices White Peckham and McKenna-
T,,s-ice Shiras is thirteen years older than JUS
+sce White, six years older than Justice Peck
.o, and eleven years older than Justice Nc
Kanna. Justice Harlan. who in service is the
,laest member Of the court, having been ap-
,otrred bv President Hayes in 1877, is only one
o- the f,Intor Of Justice Shiras Chief Justice
ruler vas born in the same year Justice
Harlan. and Justice Brewer. who after Justice
cav leaves the court viii rank next TO Justice
Harlan. is FIVE years younger than Justice
ebi-as. while Justice Brown has only four years
advantage N The matter of age over Justice
ShiTas-
Thus II the other members OF the court follow
TBs-ice Sh!ras's example when they reach the
reti-ing age. Chief Justice Fuller and Justice
Harlan VIII leave the bench next year. Justice
R-ewer viii retire in 1907 Justice Brown IN
1906. Justice White not until 1915, Justice Peck
han IN 1905. and Justice Mckenna in 1913.
This affects the prospect Of President Roose-
velt having the opportunity Of appointing at
least TIC more members OF the court TO I'll va
cancies caused by retirements under the age
limit before his present term expires. one Of
which VIII he the Chief Justice and the other
to succeed Justice Harlan
Following the same rule. If President Roose-
velt be reelected. he may have the opportunity
m name the successors 10 Justices Brewer.
Brown and Peckham. in which case he would
have the distinction Of having appointed more
members OF The Supreme Court OF the United
States than any other President-or total of
seven However. as most Of the members Of
the court have declined to take advantage OF
the age limit prescribed by law Cor retirement,
q probable that this unusual chance viii not
fall 70 the lot o. Mr.. Roosevelt
THE JUSTICES SPECIALITY.
Justice shiras was appointed from Pittsburg
bv President Harrison Just before the latter was
defeated for reelection by Mr.. Cleveland in
1892 ana took the oath OF office in October Of
that year. His early assumption OF the duties
was made possible by reason Of the unusual oc-
currence that the Senate was then in session.
otherwise he would have been compelled 20 wait
until Congress net in December In order 70 be
confirmed. For many years he had enjoyed
large ana lucrative practice IN Pittsourg. and
his transfer 10 the Supreme bench involved
financial sacrifice demanded Of few men ever
called 70 that tribunal. HIS specially was cor
porat3on law. and since ne has been member OF
the Supreme Court the special knowledge ne ac-
CURED in practice has enabled him TO be Of par
ticular value 10 the court His counsel has not
been sought by his associates alone in questions
involving the higher principles Of corporation
law as he has had referred 10 him some Of the
most important litigation which has reached
them tor decision Il is interesting 70 relate
that a member Of Attorney General Knox's sta1,
who is supposed 10 have Aat exceptional op-
por1unt!es for informing himself. states that il
was rot Justice Shiras who changed his opinion
IN the famous income tax decision just IN tine
70 reverse the first findings Of the court, but
that il vas Justice Gray. whose resignation has
been rendered and accepted. who at the last mo-
r1ent changed and thus caused the court TO
stand five TO four against the income tax law in
stead Of five 70 four for that enactment as was
Al first generally thought was probable.
Although great deal OF harsh and eXcIaTna-
tory criticism has been directed al Justice
report that il was ne who changeo MS OPINION
IN this case. II is noteworthy that so far as
known ne has never complained even 10 his most
intimate friends about this criticism
w GRIGGs MENTIONED.
In the absence from Washington Of the Presi-
dent and all OF his Cabinet advisers It is in
practicable 10 speculate with any safety upon
Justice shiras's probable successor Nevertheless
there is belief il well Informed circles here
that John y. Griggs eX-ACtOrney General Of
the United States and Ex-Governor Of New-Jer-
sey. viii get the place II support OF this belief
Il is pointed out that Ex-Governor GTlggS's
mastery conduct Of The fnsUlar test suits for the
government showed that he is better grounded
n the constitutional principles upon which the
United States has founded It's colonial policy 20
meet the new conditions forced upon the nation
BY the results OF the war with Spain than any
other man connected with that viJally important
litigation and the enduring suPerstructure OF
governmental principles based upon the great
vict0ry by his contention For this reason
especially. 70 say nothing Of NJ Griggs's learn
ing u the law and his great love Of the pro-
fessioc 10 which he belongs. il is cOntended that
he VIII occupy a high place IN President Roose-
velts thoughts when the time comes for the
President TO choose Justice Shiras's successor.
L is said that President Harrison thought IA
voraby OF M Griggs for the Supreme Court
when Justice Shiras was selected by him ten
years ago, and that this fact VIII weigh much
with Nj Roosevelt.
Under the unwritten rules which govern these
appointments Mr.. Griggs is eligible from geo
graphical considerations well from those
OF acknowledged fitness. since Pennsylvania,
Delaware and New-Jersey comprise the circuit
over which Justice Shiras presides-
That Justice Shiras intends 10 tender his
resignation TO the President is generally be-
Heve6 IN Washington, il IS known here that
he wants 70 retire from the hard work OF the
bench while he is still in the enjoyment Of
robust physical strength and mental vigor.
No WORD FROM JUSTICE SHIRAS.
TIE REPORT OF HIS RETIREMENT NOT DIS