Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-09-29
The SUPREME COURT
Changes That Are Likely to
H. Take Place. H.
ELIGIBLE FOR Retirement
Both Chief Justice Fuller and Justice
ONLY EIGHT CHEF JUSTICES
Since the Esta blishment Of the Tri-
bunal-Two More Justices
May Retire.
ONLY EIGHT CHIEF JUSTICES
Written for The Star.

Written for The Star.
| The membership Of the Supreme Court
| may be largely changed between now and
| March 4, 1909. In fact, the strong prob
| abilities are that 1t will be so changed. 1t
| is pretty general rule among the men,
| bers of the court to take advantage of the
| law which permits them to retire with full
| pay when they have reached the age OF
| seventy. though in the case Of few MEM
| bers who have been blest with robust
health they have waived the rule and have
continued to grace the woolsack for sew
| eral years after they have reached the age
of earned retirement At other times the
| exigencies of politics have caused them to
hold on or retire. as the case may be, in
| the hope that their places may be filled
| with men of their own party.
At this time there are two members Of the
court eligible to retirement besides Justice
| Brown, who, on account of failing eyesight.
has just stepped down. They are Chief
| Justice Fuller and Associate Justice Har-
Ian. Fuller is a democrat and Harlan is
republican, 1t is being stated with SEEM
| ing authority that Associate Justice Peck
ham is going to retire on account of Ill
health. Associate Justice Brewer will be
eligible to retirement on the 10Th of next
June. when he will have reached the al
lotted three score and ten.
Fuller the Oldest.
Chief Justice Fuller is the Oldest member
of the court. He was born February IL.
1888, in Augusta. Me. 1t will be seen by
this that he has already given three and
a half years more to the arduous task of
weighing every matter coming before the
court than he would have had to give. He
is a hale and hearty, wel-preserved old
man and bears his three score and thirteen
years with grace He will probably hold
on at least until after election day 1908,
and if Theodore Roosevelt is succeeded by
a democrat as President. barring Ill health.
Chief Justice Fuller will likely not retire
before March 4, 1909. at which time he will
be seventy-sx years of age. By pursuing
such a course the chief justice would have
| the pleasure of seeing his successor q
democrat. If. however. he retires before
that time. or If Roosevelt should be sue.
ceeded by a republican President. Chief
Justice Fuler's successor would be re-
publican. Though for the time he is chief
Justice Mr.. Fuller is compelled by prece-
dent and good taste to keep out Of politics
he is yet a stanch democrat and would
leave no stone unturned to see his successor
a man of like political faith.
Harlan is Healthy.
For bumptious good health Associate
Justice Harlan takes first rank. He is only
three months the junior of the Chief JUS
tice, but he Is as big as a mountain al
most, and seemingly as full of health as the
best of men. He is republican. and
pretty strict party man. and should the
democrats win in 1908 he would probably
give Theodore Roosevelt the privilege OF
appointing his successor. He comes from
Virginia. via Kentucky. that Is. his an
cestors were Virgnians. Justices Harlan
and Brewer love to play golf together
Some years ago they were out on Chevy
Chase links playing when Justice Brewer
went to swat ball with main force he
missed it, and then he stood looking at the
thing with an air that made Justice Harlan
exclaim: Brewer, that was the most pro-
fame silence 1 ever saw Justice Harlan
loves a joke. 1 recall sitting in the court
while John 8. Wise was trying to overturn
the Virginia constitution. Mr.. Wise was
talking about the Virginia constitutional
conventions having been a collection of as
bold set of pirates as ever scuttled ship
or trod a quarterback. When Justice Har-
Ian. who sits next on the right to Chief
Justice Fuller. reached over and whispered
something into the ear of the Chief Justice.
1t was something amusing you may sur
mise for never did schoolboy have to bite
his lips harder to keep from laughing out
right than did the dignified Chief Justice.
and as for Harlan he simply had to hide
his face behind his hands while his sides
shook with laughter. 1t is not often. how
ever, that such things happen.
Justices Brewer and Peckham.
will be eligible for retirement next June.
having been born in Asia Minor in 1887. his
father having been a missionary to Turkey.
Whether he will avail himself of the oppor-
tunity to retire is not known. He appears
to be man of excellent health. He is
republican, and would probably give Theo-
dore Roosevelt the opportunity to appoint
his successor should the next President be
a democrat. Mr.. Brewer and Justice Nc
Kenna are the two most regular patrons of
the street cars in Washington.
AS stated above Justice Peckham may re-
tire on account of Ill health. He would be
eligible to retirement with pay after No
vember 8, 1908. but he may retire before
that time He took his seat in 1905. The
other members Of the court have more
than five years to serve yet before a'y CT
them would be eligible to retirement.
Only Eight Chief Justices.
1t is interesting to note that since the te-
ginning of the government there have been
only eight chief justices Of the Supreme
Court. John Jay served from 1889 to 1795.
six years; John Rutledge of South Carolina
served during 1895. Oliver Ellsworth of Con-
necticut served the five years from 1876
to 1901, John Marshall of Virginia served
thrtyfour years, from 1901 to 1885; Roger
B. fancy of Maryland served from 1886 to
1864. twenty-eght years: Salman I. Chase
of Ohio served from 1864 to 1873, and Mr.
rison r. Waite of the same state from
1873 to 1888, when Chief Justice Fuller was
appointed.
Fifty -Three Justices.
There have been fifty-three associate JUS
tees of the Supreme Court, seven of whom
are there yet. OF these Justices Story and
Fields each served thirty-four years, Jus
tees Mclean of Ohio and Wayne of
Georgia. each -thirty-two years. Bushrod
Washington Of Virginia thirty-one years,
William Johnson of South Carolina, thir-
ty years, Justices Catron of Tennessee and
Miller of Iowa each twenty-eight years.
There have been one chief justice, Mar
shall, and four associate tustices-Blair.
Washington, Barbour and Daniel from Vir
ginia; one chief justice, Rutledge. and two
associate justices. Rutledge and Johnson,
from South Carolina.
North Carolina furnished Justices Iredell
and Moore, Georgia, Wayne and Woods;
Tennessee, Catron and Jackson: Kentucky
Todd Trimble and Harlan; Alabama Nc
Kinley and Campbell; Mississippi, Lamar;
Louisiana, White.
Since 1861 there have been only five
justices appointed from southern states
They are in the order named-Harlan of
Kentucky. Woods Of Georgia, Taniar of
MiSSiSSippi, jackson of Tennessee and