Daily Arizona silver belt., 1907-06-30
THE SUPREME COURT
possibility that Majority of Its Mem bers May Be Roosevelt Selections

Of the nine members of the supreme ,oprt. President Roosevelt has appoint. c5 three-Associate Justices Holmes, Day and Moody. Chief Justice Fuller and Associate Justice Harlan are each ssyenty.four years of age and can re- tirc at any time on full pay. In 1908 Associate Justice Peekham will be sev. sntv, and will be in position to step , down without losing any of his salary, Rumor has recently been saying that each of these is soon to retire. These and three other members of the present tribunal were there when President loosevelt entered office. If the seats of any two of thees six persons should he vacated for any cause within the next two years a majority of the su- premc court of March 4, 1909, at tae cnd of the present presidential term, would be Roosevelt selections. This would break all preeedents, except in the case of Washington, within whose service the court was ereatel.
 Jefferson often complained that while ms party was overwhelmingly dominant in each branch of congress and in the presidency, the Federalists continued to ho.I sway in the supreme court, and ire oaen-y vetoed the work of president -rT congress. Chief Sustiee MaaFsnSlf, pronounced Federalist, and the great esr and immeasurably the most power ful of the country's jurists, was put on tae bench by John Adams after his own defeat by Jefferson, and he re. mainca there for thirty-four years, un. u the end of Jackson s service.
 When Jackson appointed Fancy to succeed Marshal he thought the court would soon swing back from the strong teu,ralzation ground on which it had been placed to the state-sovereignty side. but he was mistaken. Marshall s long line of decisions on important points of constitutional interpretation had by that time established traditions and Prcccdents which, in large degree. have SWayed the court to this day.
 Fancy and his Democratic associates aid, indeed, in the Dred Scott the ha- beas corpus, and other instances, lean toward the states rights doctrines to an extent which impelled Lincoln to put strong central government men on the bench just as fast as vacancies were ere. aicl, and the court got into Republican hands in Grant s days as president. Grant was accused of "packing" the supreme court in the interest of the tonsttutionality of the greenbacks. Probably the charge was untrue. Nev. sTthelcss, the court, then for the first time Republican, decided in the way. that Grant and the Republican party wanted 1t to decide on that important issue
 President Roosevelt is a consolida- toaist of the Marshall type, but the in. alSiEal and social problems which have arisen in the past few years, and of which nobody in Marshall's s day ever dreamed. would impel Marshall to make stu. further swing to the strong cen ull government side if he were here today. It IS probably the present exec IiiVe desire, following the custom of a. hls predecessors, to put men of his o'n way of thinking on the bench, so far as he can do this without entirely 'oLie'atlng the opposite party. The chances are that Mir. Roosevelt will be able to talk through the supreme court oi the immediate future even more ire 9leniIy and more potently than Feder- aSn talked through the court during i1e first third of the nineteenth cen ilIy through Adams appointment of John MaTshall.-Leslie s Weekly.