Bisbee daily review., 1908-11-10
JUSTICE PECKHAM
REACHES SEVENTY
Supreme Court Judge Is Now
Eligible For Retirement
Under Law.

WASHINGTON, =. c., Nov. y-As-
sociate Justice Rufus w. APesknam
reached his seventieth year Saturday,
and consequently adds another TO the
list of members Of the Supreme court
who are eligible fer retirement. IL
Is a general rule among the members
/ OF the court to take advantage OF the
I law which permits them to retire win
/ full pay when they have reached the
age of seventy, though in the case OF
| ID few members who have been Diest
vita robust health, they have waived
/ the rule and have continued q grace
| the wool-sack for several years after
/ they have reached the age of earned
retirement At otner times the exl-
gencies Of poiities have caused them
to hold ON or retire, as the case may
/ be-, in the hope that their places may
be filed with men of their own party.
Now that the complexion OF the
national administrator has been set
tied for four years Il, come, 1t would
not be surprising If there should pc
some change In the personnel OF the
supreme tribunal borore many months
have iapsed. With Justice Peckkham
there are four members of the court
who have passed the retiring age.
These are Melville w. Fuller, chiel
justice, who is IS; John NJ. Harlan,
associate justice, who is only three
{ months the Junior of the chief JUS
tIce; David J. Brewer, associate JUS
I tice, who will be IL next June, and
justice Peckham. who was 40 years
I'D today.
President Roosevelt is not likely to
have an opportunity to name mem
Ger of the supreme court. but his sue
tassor. who will take Office March
I {, next, will in all probability have
the naming of at least four members
of the court to take the place OF those
now eligible to retire, Chief Justice
Fuller has already given nearly SIX
years more to the ar6uous task OF
Reighing every matter coming before
the court than he could have had to
give. He is hale and hearty, we'll
preserved old man end bears his three
score and fifteen years with grace.
Though for the time he is chief JUS
lice, Mr.. Fuller is compelled by prec;
sdeut ard good taste TO keep out of
,Jolitics, he Is yet staupch democrat
and among his friends 1t is an open
secret that he has held on to his
high position during the past few
years in the hope that President
Roosevelt might be succeeded by a
democrat and that as a conhequence
his own successor on the woolsack
might be a man of Ike political faith.
Now that the next president is known
there is nothing TO prevent the chief
Justice from retiring whenever he so
desires.
Next to Chief Justice Fuller in point
| of years comes Justice Harlan, He
is man of large physique, and seem
! ingIy as full of health as the best of
| men. But he has reached an age
where most men seek rest from ac-
tive affairs and his retirement before
| long is expected He has been an
exceedingly active career. He comes
from Virginia, via +, E,nrucKy, that Is
his ancestors were Virginians. He
is a republican ana in 1875 he was
/ the republican candidate for govern
or of Kentucky. He has been an as
sociate Justice of the Supreme court
since 1877. ..
Associate Justice David ]. Brewer
| became eligible for retirement last
| wear. having been toln in Asia Minor
| in 1897. his father having been a
missionary to Turkey. Whether he
intends to avail himself of the privi-
lege to retire in the near future is
not known. He appears to be man
of excellent health. In politics he is
a republican.
! II is believed that Justice Peckham
will probably avail himself of the op-
| portunity to retire. During the past
few years his health has not been
Of the best and more than a year ago
It was rumored that he was likely to
quit the bench. He took his seat n
| 1895, succeeding the late Howell K.
Jackson of Tennessee. He IS dem
ocrat but was never very active in
politics. At the time of his appoint
ment by President Cleveland he was
n Justice nf the supreme court of ap-
noaIs of New York He is a native
-s Albany and had served as district
0ttnrnev and cornoration counsel OF
at~t ci+-- hnF0ra no hoon-oa irnoa
We is highIv esteemed by his asso,
-'~'~~ ~ the sunrane bench as well
as nv all other who know him.