The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-03-22
SUPREME JUDGES
MAY SOON RESIGN
Thought That Three Will Seek
Private Life
FULLER IS AMONG THEM
Advanced Age and Long Service Make
1t Very Probable That Har-
Ian and Brown Will
Retire.

New York, March 21.-A Washington
| special to the Globe says: change in
the personnel of the supreme court is at
hand which may give President Roose-
welt an opportunity to appoint three JUS
tlces IN that body before the meeting of
the next congress 1t is understood in
Judicial circles that Chief Justice Fuller,
Justice Harlan, and Justice Brown are
about to retire, and that they will carry
their intention into effect during the next
few months
Chief Justice Fuller is entitled to re-.
llrement with full pay on two accounts.
lie is over seventy years Of age having
been born on February Il, 1888, and he has
served more than ten years o.. the bench
having taken oath of office October 8,
1893. Although physically and mentally
IN excellent condition he has been greatly
! worried during the past year on account
| OF illness in his family and so has been
strongly tempted to take advantage of
the law governing retirement and leave
tpe arduous duties of his position to
younger men. He was appointed by a
democratic president, and doubtless will
prefer that democratic president shall
appoint his successor so that his retire
Ihent' II 1t comes, will probably be de-
ferred until after election in November.
Would Retire Immediately.
Should President Roosevelt be re-electe d
then he will retire Immediately. but SHOULD
d democrat be chosen he will defer his re-
tlrement until after the 4th of March.
l9oo. AT least that is the understanding
among members of the senate iuuiriarv
committee. who are in his confidence
justice Harlan will be seventy-one years
ola on June /. He will have been twenty
TOUR years on the bench on the 10th of
next december. He is. therefore. entitled
apt mill
count OF age and on account of service
justice Harlan's health has been far from
good In the last year. and he is beginning
To snow his age more than any other
man on the bench. With the rendering Of
the opinion of the court in the Northern
securities case, he is in a position now 10
retre with distinction and with honors
ne was appointed by republican presl-
ueht, ana he will see to it that a repubu
can president appoints his successor
Inc third justice who 1t is understood IL
booked Tor retirement in Justice Brown
lie is only sixty-eight years of age. having
been born on March @ 1896. but he has
been on the bench since January 4. 1891
and so Is entitled to retirement hv length
OF service Justice Brown is just recover
| ing the partial use of his eyes after an
illness that for time threatened total
blindness. But he will never again he
| able 10 use his eyes as of old. and though
| otherwise physically in good condition he
does not feel that he can safely continue
his labors on the bench. He will prob
ably retire before the meeting of the next
| session of congress
Secretary Taft will secure one of the
vacancies on the bench If any shall oc-
! cur while President Roosevelt is in the
| White House. lie will probably be made
| chief justice on the retirement of Chief
Justice Fuller, in spite of the fact that
Ohio already has one associate justice on
| the bench.