The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-09-20
Judge Golf for
Supreme Bench
PRESIDENT RoosEVELT VIII
PHoRkRENMAME WEsT VlR
GtkttAM FOR JUDGE


WASHINGTON SEPT Things
are shaping themselves 50 that Judge
tNathanFGon may vet occupy seat on.
the United states Supreme court
fbench. He has the backing Of the
entire West Virginia delegation Id
Congress Senators Elkins and Scott
being especially anxious to secure his
pr6motion "a the supreme bench. The
retirement 6f Justice Brown makes
iroom for one new appointee this fall.
ri IS being passed around that big
hearted BM Tafte viii not take the
place. preferrtng his chances for the
presidency other than the certaintiess
of the supreme bench. though 1t had.
long been his ambition to grace the
aoolsack of the highest tribunal ID
'the land. 1t is said that Attorney
General Moody will get the place. But
there Is likely to be another vacancy
this fall.
Justice Rufus W. PecKham, who
would be eligible TO retirement With
pay In June, 1908. has been in such
IL. health that he Is said TO be likely.
t: resign this winter. 1t is to this
vacancy that the friends OF Judge
Cor believe he would be appointed.
HS is regarded on every hand as about
the best fitted manSin the country for
the place. But, even IL he should not
get this place, there is likely to be
several vacancies within the next two
years to which President Roosevelt
could appoint him. When Senator Ell
kins called on the President last win.
ter to urge the appointment of judge
Con- to succeed Justice Brown, who re.
tired, owing to failing eye sight, Mr..
Roosevelt told him that, he regarded
Judge Con- as one of the ablest jurists
o. the country, and said other things
which show that his name will like.
1y be considered when any future va.
cancies come up under the Roosevelt
administration.
The law provides that members Of
the supreme court can retire with
pay for life at seventy. Most Of them
do, but at present there are two mem
bers on the bench who have passed
that mark. Chief Justice Fuller cele-
brated his 73rd birthday on the 18th
of last February. He is likely to re.
tire at any time, though it is probable
that he may hold out until 1909, In
order that the chief justiceshfp not
pass from the hands of the Dem
ocrats, for If a Democrat should be
elected President in 1908, a Democrat
tc President would name a Democrat.
1c chief justice.
Justice Sarland celebrated his 10th
birthday three and a half months af
ter Chief Justice Fuller did. He 10
hale and hearty yet, but will probably
retire before 1908. SO as to ensure
the selection of a Republican to sue
coed him. For should he hold on to
the office until after the election Of
1908 his would, in the event
OF Democratic success. be a Democrat.
Justice Brewer will reach the <retire:l
ment age June 20, 1907. He will prob
F6llT6 III Hat tlhGt I'D III VIC "0
jority Of cases. justices do retire when
reach their allotted three score1
and ten. Justice Brewer Is active and
hearty yet, and any pretty day may
seen going to the capitol on an
avenue street car while the court ISL
in session. He and Justice McKenna
are the greatest street a riders OIL
the court.
There are at present three Demo
Gratis on the bench-Chief Justice Full
Ter and Associate Justices White and
Should Judge Cor be elevated to
tho supreme bench within the next
two years, it is pretty certain that
United States District Judge Aston
G. Dayton would be chosen his sue
Judge Dayton would have
strong backing for the place. The cir
cult is composed of Maryland, West
Virginia, Virginia, North Carolina and
South Carolina. 1t is the only circuit
of the nine that has only two judges.
It is probable that Congress fill. at
an early date, provide another judge.
He will likely come from elsewhere
than West Virginia, however. for as
long as Judge Con remains ON ,the1
circuit bench. geographic reasons
would prevent another West Virgin
from being placed on the Circuit