The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1908-08-17

At AilE III GoNilA AlAllI AnAEN VI INV
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 il they so wish to do.
This opens up an interesting condition
and brings within the scope Of possi-
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 iu-
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
majority
Politics is not supposed to cut much
figure in that high tribunal, but po-
litica 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 eonsttu-
tiona questions within the last de.
cade make the personnel Of the court
matter of concern for the future
Three of the nine members of the
court are now Democrats-Chief Jus.
tce Fuller. appointed during Mr..
Cleyeland'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 A, 1913. when the next
presidential administration will have
come TO an end All but two of these
Justices Fuller and Peckham-
We're 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 Ill, 1903
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-hfth milestone. has
been eligible for retirement since June
l. 19OS-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 10 years. and
win be 20 on November s. 1908, so that
on the Sunday Immediately following
the coming presidential election there
will be four members of the tribuna
who may allow either president Roose
welt or his successor to designate Their
successors
The fifth member of the court whC
will be eligible for retirement under
the president TO be chosen in Noyem
ber is Justice Holmes. Although he
is one OF the newer members Of the
court. being President Roosevelts frs
appointee, he viii be 20 on March S
1911 and will have rounded ont nj.
tenth year on the tribunal on Decem
ber 4. 1912 He viii therefore posses.
The right Of retiring just three month.
before the end OF the next president.
term
AS a rule. members of the supreme
court are not prone to retire the mo
ment they have chance. Most o
the justices have died in harness
Since the civil war only seven justice.
have taken advantage or the retire
ment clause, although there have beer
% appointees There are now onh
TWO living In retirement-In -Insticel
Brown and Shiras When eligible TO
retirement each member OF the cour
becomes a law unto himself. A nc
table instance was that OF the late Jus
tice Field. who spent % years on M
supreme bench. He could have re
tired amy time after the middle o
Cleyeand's first term, but waited unit
the first session OF the court after thl
! Inauguration Of President Mckinley Ii