The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1908-08-14

At the present time three of the
United States supreme court justices
are eligible to retirement, and within
the period of the incumbency of the
next president two more will reach
the age limit when they may retire
upon pension if they so wish to do.
This opens up an interesting condition
and brings within the scope of posi-
bility, if not probability, that the sue
cessor to President Roosevelt may
have the privilege of filling five va
cancies, which constitutes a majority
of the membership of the highest jul
dicial body in the United States. If
such were the privilege of the next
president and he were Democratic in
stead of Republican it would change
completely the political character of
the tribunal and for the first time
since the civil war give the Democrats
a majority.
Politics is not supposed to cut much
figure in that high tribunal, but po-
litical parties, none the less, have con-
siderable pride and concern in seeing
men of their own faith wearing the
ermine, and the close decisions in a
number of great legal and constitu-
tional questions within the last de-
cade make the personnel of the court
a matter of concern for the future.
Three of the nine members of the
court are now Democrats-Chief JUS
tice Fuller, appointed during Mr.
Cleveland's first term; Justice White
and Justice Peckham, both appointed
during his second term. Five of the
justices will be eligible for retirement
before March 4, 1913, when the next
presidential administration will have
come to an end. All but two of these
Justices Fuller and Peckham-
were appointed as Republicans.
There is a double qualification essen
tial for retirement, involving not only
10 years of age, but ten years of serv-
ice on the tribunal Chief Justice
Fuller is rs, and has been eligible for
retirement since February II, 1908,
but, being devoted to his high Office,
he has never indicated any intention
of relinquishing the honor.
Justice Harlan, the ranking associ-
ate who has been a member of the
court over 30 years and has just
passed his seventy-fifth milestone, has
been eligible for retirement since June
1, 1903-more than five years. Justice
Brewer has been eligible a year, hav-
ing passed his SEVENTEEN birthday on
June 20, 1907. Justice Peckham has
now served on the court IS years, and
will be 20 on November s, 1908, so that
on the Sunday Immediately following
the coming presidential election there
will be four members of the tribunal
who may allow either president Roose-
welt or his successor to designate their
successors.
The fifth member of the court who !
will be eligible for retirement under |
the president to be chosen in Novem
Der is Justice Holmes. Although he |
is one of the newer members of the |
court, being President Roosevelt's first |
appointee. he will be 20 on March 8.
1911, and will have rounded out his |
tenth year on the tribunal on Decem-
Der 4. 1912. He will therefore possess
the right of retiring just three months |
before the end of the next presidents |
term.
AS a rule, members of the supreme |
court are not prone to retire the mo-
meIt they have a chance. Most of |
the justices have died in harness.
Since the civil war only seven justices
have taken advantage of the retire
ment clause. although there have been
&c appointees. There are now only
two living in Observation-Disclosures
Brown and Shiras. When eligible for
retirement each member of the court
becomes a law unto himself A no
table instance was that of the late JUS
tice Field. who spent "a years on the
supreme bench. He could have re-
tired any time after the middle OF
Cleveland's first term, but waited until
the fret session of tho courf after tho I