Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-07-23
RDOSEV[LT'S POLICIES.
Propositions Will Go to Judic-
larry Made Up Mostly By
President
PLACES HIS MEN ON BENCH
The Possibilities of His Appointments
Should the President Be Elected to
/ Succeed Himself = Many Offices
That He May Fill - Federal Propo
I sitions That Arc Likely to Come Up.

Washington, July 23.-Policies of
government suggested by President
Roosevelt and which will, if enacted
into statutory law, eventually be tested
SIS to their constitutionality by federal
judges. include among others the fol-
lowing propositions:
First-The control of all railways or
other methods of transportation WITHIN
individual state limitations as coming
under the constitutional provision re-
tanning governmental control over post
roads.
Second-The control of all trusts
transgressing federal laws thru recetv-
ers to be appointed by federal judges.
Third-The control Of all individual
fortunes by the imposition of an in
come tax.
Fourth-The control of all agencies
employing labor n as for as the liza
bility of the employer is concerned by
ING VI Liz kASeh W SSAANAAH1
utory negligence.
Fifth-The control of all coal de-
posts now on government reservations
to be developed under license from
Washington.
Sixth-The control of child labor.
Seventh-The control of all rail-
roads engaged in interstate commerce
by means of governmental regulation
of rates.
Dominates judiciary.
President Roosevelt, thru appoint
ments made by him, dominates the
federal judiciary to this extent:
Supreme court, three associate JUS
tees, one third of the membership.
Circuit court, twelve of the twenty
nine judges, or ALI per cent.
District court, forty-two of the eighty
judges, or $50 per cent.
BY the end of his present term,
March A. 1903, it will have been possi-
BILE for him to appoint:
Seven of the nine justices of the SUI
preme court. nearly Is per cent of
that tribunal.
OF the circuit court, or nearly SO per
cent.
Forty-seven OF the eighty Judges of
the district court, or nearly 50 per
cent.
should he be elected for another
term, ending March T. 1913, it will be
possible for him to appoint judges as
follows:
Eight of the nine justices. of the SUI
p,,eme court.
Twenty of the twenty-nine Judges of
the circuit court. or substantially 20
per cent Of dts membership.
Fifty-one of the eighty judges of the
district court, or substantially "a per
cent of its membership.
Strong in Federal Branch.
The federal Judges who may be
called upon to determine the constitu-
tionality of the laws proposed by
President Roosevelt include those he
has appointed since he succeeded
President Mckinley include Judge j.
Richards, of the Sixth circuit court of
Ohio; William II. Lealnon, of the Sew
enth circuit court of Wisconsin; c. C.
Kohlsaat, Of. the Seventh circuit court
of Illinois; Solomon H. Bethea, and K.
M. Lands, Of the district court of
northern Illinois; Francis NJ. Wright,
of the district court of eastern Illinois;
Page Morris of the Minnesota district
court; Robert Walker Taylor, of the
Ohio district court; Joseph Veryn
Quarles, OF the district court of eastern
Wisconsin,; Arthur L. Sanborn of the
western Wisconsin district court; John
e. Satter, Of the Ohio district court.
In the remainder Of his present term
President Roosevelt may be called upon
to appoint judges to fill vacancies in
the following courts:
Supreme Court
Melville Weston Fuller. chief Justice,
eligible for retirement now.
II John Marshall Harlan. associate ius-
fice, eligible for retirement now.
David Brewer, associate justice, re-
tirement possible in November.
Rufus w. Peckham. associate jus
tice, eligible for retirement in 1908.
Future Possibilities.
Should President Roosevelt succeed
himself lin the four years from March,
1908, the probable federal Judicial va
cancies he would have to fill would be
- follows:
Supreme Court
Oliver Wendell Holmes, associate
Justice. eligible for retirement in 1911.
Court of Claims
Stanton j. Peelee, chief justice, elig-
ible for retirement in 1913.
District Court
Charles swayne, Northern Florida,
eligible in 1912.
Albert c. Thompson, Southern Ohio,
eligible in 1912.
William H. Brawley, Southern Cal
ifornia, eligible in 1910.
Thus it would appear that President
Roosevelt's proposition may be
weighed by judiciary largely of his
own creation. OF course the probable
tiles do not take into consideration
vacancies resulting from death of res
ignation.