The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-09-20
Judge Golf for
Supreme Bench
PREslpEMT RoosExELT WILL
PRoBAREY NAME WIS., Wiz
GiNIAN FOR JUDGE

N9fhHEEH sMa
WASHINGTON sept -Things,
are shaping themselves so that Judge
Nathan Con may Jet occupy seat ON
the United States Supreme court
bench. he has the backing Of the
entire West virginia delegation 81
Congress. senators Elk1ns and Scott
beingsspeeial1y anxious to cur bis
pr6motlon ID the supreme bench. The
retirement 6f Justice Brown makes
for one new appolntee this fall.
II is being passed around that big.
hearted eBHl Tafte will not take the
place, prefefring his chances for the!
presidency other than the certainttes
OF the supreme bench, though It had.
rong been his ambition to grace the.
aoolsaek of the highest tribunal In
the land. It Is said that Attorney
General Moody viii get the place. But.
there Is likely to be another vacancy
this fall.
Justice Rufus W. PecRham, who.
would be eligible to retirement with
pay In June, 1905, has been in such
III health that he Is said TO be likely
&. resign this winter. 1t Is to this
vacancy that the friends Of Judge
COZ believe he would be appointed.
H. Is regarded on every hand as about
the best fitted manSln the country for;
the place. But, even II 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 81:
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, Mfr.
Roosevelt told him that he regarded
Judge Con as one of the ab1est %iurists
o. the country, and said other things
which show that his name will like
ly 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 11th>
OF last February. He is likely to re.
tire at any time, though it is probable
that he may hold out until 1909. III,
order that the chief j~usticeship 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.
ic chief justice.
Justice sarland celebrated his 10th
birthday three and a half months al.
ter Chief Justice Fuller did. He Is
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 successor would, in the event
OF Democratic success, be a Democrat.
Justice Brewer will reach the retire
mert age June 20, 1907. He will prob
ably retire at that time, as in the ma.
iortty OF cases. justices do retire when
they reach their allotted three score
and ten. Justice Brewer is active and
hearty yet, and any pretty day may
be seen going to the capitol on an
avenue street car while the court Is
in session. He and Justice Mckenua
are the greatest street a riders Of
the court.
There are at present three Demo
Gratis on the bench-Chief Justice Full
Ter and Associate Justices White and
Peckham.
Should Judge Cor be elevated to
the supreme bench within the next.
two years, it is pretty certain that
United States District Judge Aston!
G. Dayton would be chosen his y 9
cessor. Judge Dayton would have
strong backing for the place. The cir
cult is composed of Maryland, West
Virginia, Virginia, North Carolina n
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, tor as
long as Judgs Gof remains on the
circuit bench, geographic reasons
would prevent another West Virgin.
ian from being placed on the circuit