The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1907-07-26
RoosEvELT AND COURTS.


of President Roosevelt carried into
effect all along the line will find no
little satisfaction In the fact that the
judges who will finally test the con-
stitutionaity of statutes enacted under
the Roosevelt leadership have been
created very largely by the president
and are on the bench much for the
reason that they agree with him In
his important doctrines. Policies of
the president which, II enacted into
statutes, will finally be tested by
federal judges, include the following:
The control Of all railways or other
methods of transportation within In.
dlvidual state limitations as coming
under the constitutional provision re.
tanning government control over post
roads.
The control of all trusts transgress-
ing federal laws through receivers to
be appointed by federal Judges.
The control OF all individual for.
tunes by the imposition of an income
tax.
The control of all agencies employ
ing labor insofar as the liability of the
employer Is concerned by the elimina-
ton OF the plea Of contributory negli.
gence.
The control of all coal deposits now
on government reservations to be de.
veloped under license from Washing.
ton.
Tho CONTROL M child labor
The control Of all railroads engaged
in interstate commerce by means Of
governmental regulation of rates.
President Roosevelt, through 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 Al per cent.
District court, forty-two of the eigh-
ty judges, or 52,5 per cent.
BY the end OF his present term,
March 4, 1909, 1t will have been pos
sible for him to appoint:
Seven of the nine justices of the SUI
preme court, nearly Is per cent Of
that tribunal.
Seventeen Of the twenty-nine judges
of the circuit court, or nearly SO per
cent.
Forty.seven of the eighty judges of
the district court, or nearly SO per
cent.
Should he be elected for another
term, ending March 4, 1913, 1t would
be possible for him to appoint judges
as follows:
Eight of the nine justices of the
supreme court.
Twenty of the twenty-nine judges
of the circuit court, or substantially
70 per cent of its membership
Fifty-one of the eighty judges of the
district court, or substantially 46 per
cent of its membership
In the remainder of his present term
President Roosevelt may be called up
on to appoint judges to fill vacancies
in the following courts;
Supreme Court
Melville Weston Fuller, chief JUS
tice, eligible for retirement now.
John Marshall Harlan, associate JUS
tice, eligible for retirement now.
David Josiah Brewer, associate JUS
tice, retirement possible in November.
Rufus w. Peckham, associate JUS
tice, eligible for retirement in 1908.
Should President Roosevelt succeed
himself in the four years from March,
1908, the probable federal judicial va
cancies he would have to fill would be
as follows:
Supreme Court
oliver Wendell Holmes, associate
justice, eligible for retirement in 1911.
Court of Claims
Stanton ]. Peelee, chief justice, ell
igibe for retirement in 1918.
District Court
William Lochren, Minnesota, now ell
igible.
Albert C. Thompson, southern Ohio,
eligible in 1912.
William H. Brawley, southern Cali
fornia, eligible in 1910.
A vacancy now exists in the north
ern district of Florida.