Daily press. [volume] (Newport News, Va.) 1896-current, 1908-05-27
ROOT AND THE SUPREME COURT


The report that Elihu Root is slated
fer appointment as the next chief JUS
ticc of the Supreme Court OF tn"
United States lacks confirmation and
may have no foundation in fact. but
/, serves to call attention to the prob,
ability that within the next Ave years,
covering the remainder of the term of
Theodore Roosevelt and the first term
Of his successor. several vacancies
will need to BE- filed Oh the bench Of
tn. nations highest tribunal.
Both Melville w. Fuller. the present
chief Justice. who is Democrat. and
Justice John N. Harlan. who Is Re
publican. have reached the three
quarters OF n. century mark. Justic"
Brewer, also a Republican. Is seventy
one: Justice Psckham, another Dem
ocrat. will he seventy in a few
months. Hence 1t follows that thr""
members OF the court are now elis'hl"
to retirement on full pay II they
should desire to abandon active judi
cial work. while a fourth Will likewise
be eligible for retirement in few
months While 1t might conceivab'y
be possible that all this quartet should
retain their positions and their facul'
ties until March 4, 1918, II Is extreme
" Improbable that this will be the
case. since both Fuller and Harlan mt
that date would have passed four
score.
Chief Justice Fuller who is an ap-
poin,ee Of Grover Cleveland and an up
holder OF the older school which held
the strict construction" OF the con
stitution fundamental dogma OF
Democratic. faith, has been credited
with the determination to retain his
post at all hazards until after the end
OF Roosevelt's tenure OF ONCE. Wheth-
or he would maintain the same a'ii-
tude il Taft were elected President
is another question. In any event the
next executive Is reasonably sure to
have the opportunity to place new
men on the bench OF the United
States Supreme Court. Few will dis
pute the fitness Of Mr.. Root to I'LL
either the chief justiceship OF the po'
sition Of Associate justice 80 far as
legal ability and learning are con,
cerned. Neither will II be denied
tina, hs has performed solid and val
uable services 10th as secretary OF
war and rs the head OF the state de-
psrtment: His views, however. OF
constitutional Interpretation. as the.
have been reflected in his public ut
terances have strongly tended toward
the extension OF Federal authority In
the prosecution Of purposes and the
regulation Of corporate enterprise
which were formerly considered 'h'
righ,fu, subjects Of state jurisdiction
In fact. he may be described as Ham
iltouiau In these things. Such mar
should no, be the chief justice of ,h'
United states Supreme Court.
The composition Of the United
state. Supreme Court during the neH'
| presidential term is a matter of in
,.rest TO all thinking men, Thu
court has unquestionably acted as
brake on some Of the ccn'ralizins
tendencies OF the Roosevelt admins
trsticu. On IN. course which II fol
lows in the coming years The d~r"rmi
nation OF the whole trend of tn" gov
rrnmenial policies Of the nation aud
possibly of the question whether The
constitution Itself shau b" amended
will largely d~pend. Mr. Root should
not b. allowed TO be an active par;i
Cirau, in such proceedings