The Birmingham age-herald., 1902-06-20
Washington Day by Day

Washington. June 20.-(Specia1.) )-Far above all the babblement of politics of whole people than the personal defeat or triumph of any man Is the condition that grave changes are impending in the Su- preme Court of the United States.
 This autocratic and august power su- preme over this Republic which is so often miscalled a democracy, Is the sole interpreter of the very power which created 1t.
 More than that, 1t Is merely to recite a schoolboy's well-learned lesson to say that the constitution as 1t Is now under stood is in numerous most grave essen- tials the creation of the Supreme Court And thus we have the greatest proof which the world affords, that a thing created in law can and does rise above its source above the power creating it. Contentious to the contrary are purely academic.
 Above the President above the Con gress, above the organic, in a large measure. and above the people them selves is this supreme court of ours-as supreme in practice as it is in name.
 Therefore whatever concerns the su- preme court very closely concerns every inhabitant of this land While a way legally exists for the removal from of flee of persons constituting the court. that way is never likely to be entered upon. Even constitutional amendments are subject to its power. Virtually the only condition in which the court Is not omnipotent Is that 1t cannot create or fill vacancies amongst it's members. Death and voluntary retirement create from time to time vacancies which the President and the Senate are empowered to fill by appointment. Precisely in this particular arises the greatest possible public interest of the moment.
 Four vacancies on the supreme bench impend. It Is extremely probable that MT. Roosevelt will have the duty of naming within the next thirty months the chief justice and three associate jus tices. Before the current year Is ended he will have at least two vacancies. caused by the death or retirement of MT. Justice Gray and MT. Justice Shiras, and it Is quite well understood that Chief Justice Fuller and MT. Justice Harlan will retire within the next year or two.
 Justice Gray, the oldest man on the bench and second in point of service, Is hopelessly afflicted. He was stricken several months ago with apoplexy, and since then has been confined to his house. Latterly he has manifested some signs of improvement but no hope of his re- covery is held out. When Congress reas- sembles his successor will be named.
 Justice Gray Is now In his seventy sixth year and has been twenty-one years on the bench, having been ap- pointed by President Arthur in 1881. He has been actively a judge for forty-one years.
 Justice Shiras, who will retire next win ter, is in his seventy-frst year, and on the tenth of next October will have served ten years on the supreme bench He was al pointed by Pres; d lTarriscn in 1892 aud will retire under the law which authorizes the retirement of 6u- preme Court justices at the age of 70 or after ten years of Sc; vice. Justice Shiras has two reasons for desiring to quit the bench: his health is unsatisfactory and he Is weary of the responsibility and la Dor of his position.
 Justice Harlan, who will be the third to retire, has the largest service to his credit Next November he will have been a Supreme Court justice for precisely a aua,ter of . century, having been ap- pointed by President Hayes in 1877. He was G0 on the first day of this month, and his friends say he will quit the bench upon reaching tEree-score and ten, prob ably on the seventieth anniversary of his birth.
 Curiously enough Justice Harlan bears the name of the great master and prac- tical creator of our constitutional law, the immortal John Marshall, his full name being John Marshall Harlan. It Is quite possible for him to serve on the bench as long as John Marshall, for he could i'll out that noble period of five and thirty years and still he under eighty; but Justice Harlan has no such ambition. And whilst he in all probability long en- tertained the ambition of holding the place old John Marshall made forever H. lustrious, he knows that the chief justice ship is not for him and Is content
 Justice Harlan Is altogether the most