Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-03-24
Chief Justice Fuller Will
Not Retire at Present.
May Continue to Hold High
Position for Several Years.
Secretary Hays III Health-President'
Coming Trip.

dSn1ngtOn, ID. C., March 23.-(Spe-
daD.-The extensive speculation here
over presidential candidates nowadays
involves one factor more or less local
to Augusta. That is the date of Mel
VILE w. F'uller'S retirement from active
service as Chief Justice of the United
states supreme Court. 1t has been
widely talked for two or three years
that Secretary Of War Taft is waiting
to fill Chief Justice Fullers shoes and
whenever group of politicians or
newspaper correspondents fall to dis
cusslng prospective candidates for the
Republican presidential nomination,
some one invariably observes that Taft
viii not be a candidate because the
President intends to make him Chief
Justice of the Supreme Court.
"Oh. but who knows that Chief Jus
tice Fuller will retire." another will
ask.
Well. 7 guess a hint from the Presi-
dent that his retirement would be well
come would meet with quick compli-
ance, some uniformed citizen will de-
clare
1t is remarkable that such little
knowledge of the situation with refer
ence to a chief justice should prevail
hut such remarks as those quoted occur
so often as to occasion surprise.
The former Augusta lawyer and edi-
tor. now adjoining the bench as Chief
Justice. would undoubtedly make it un-
comfortable for any President who
/ dared intimate it was time for him to
| retire and President Roosevelt would
! be the last man in the world to convey
| such an intimation. The fact is that
there is not any other official under the
government. so Independent as to his
tenure as the Chief Justice He is at
the head OF one of the coordinate
| branches of the government. In his
field he is just as powerful as the
President or Congress. Neither the
President nor Congress- independently
can make or unmake a law. with the
| exception that Congress by two
| thirds vote can enact law over the
| Presidents veto. I;ut the Supreme
Court can unmake laws. and. in mat
| ters of construction also often virtually
| makes laws. In the latter capacity the
| courts power is. Of course. very re-
stricted but there is no question but
| that in certain matters the Supreme
| Court of the United States is even more
powerful than the President and Con-
GTcss put together.
| he Chief Justice pays no attention
| whatever To the reports about his re-
| tirement and. as far as anybody is able
| to saT autholitatively. will continue to
| serve for several years Yet. He was
eligible for retirement two years ago,
| when he reached the age of three score
years and ten. having been born at Au-
| gusta. February Ii. 1888. He is now
| the oldest man on the Supreme Bench
| although Mr.. Justice Harlan who
ranks next to the Chief Justice. is only
| three and half months younger No
one is talking about the retirement of
Mr.. Justice Harlan. although in physi-
! cal health he is rot as well as the chief
Justice ana is also qualified to retire at
| any time under his own motion.
Probably Chief Justice Fuller will
| prefer to remain in active life for some
| time yet. unless his health should
| break down. The work is congenial to
hIm. il is not very arduous and he en-
| Joys the honor of the high position. 1t
| keeps him busy only about 4 half of
year. Formerly he is known to
have had some ambition to see a
| Democrat succeed him. but with the
| recent landslide election that ambition
| probably was Snuffed out. HoWey er,
| he can stay on the bench as long as ne
| chooses and there will be no one to say
| him nay. Many other members of that
| high court have served to Il more adj
NaEced age than he has now reached
| and. to all outward appearances, the
| Chief Justice is strong enough to make
| the four score mark.
Just ut present the Washington
| gosSips are talking more about the
| possibilities of Governor Taft becom-
| ing Secretary of State than they are
about his being appointed to the SUI
| rreme bench or running as Presi-
| Dental candidate. This is because OF
| the illness OF Secretary Hay. now alb
| sent in Europe and, who, the general
| opinion is. may not return to his tasks
| Secretary Hay suffers from mental de-
! preston Il great deal and also has
popularity. which the Iate James G.
| Elaine. the only Maine man who ever
occupied the office of Secretary of
| State. also had. That is extreme
| senSitivencSs to newspaper comments.
1t is a little remarkable that such