The sun., 1908-05-22
r. An Outra geous Undertaking.
weliavee something more to say {

n y An outrageous tnuertAklng.
a we1ave something more to say con-
HerntHG the Bills for the Elimination OF
Inconvenient Old Justices, introduced
by Republican member of the House
Judiciary Committee, Mr.. CAULFIELD OF
Missouri. We ascertain from the official
register that Mr. CAULFIELD has reached
the ripe age Of thirty-four. HoBsoN him.
self is only three years older There are
fully half a dozen members of the House
We believe, who are Mr., CAULFIELD's S
juniors. These facts are important, be-
cause, so far as the record shows, it is
an original conception of the mature
intellect Of this experienced lawgiver
that. the time has now come to force or
brighten from the Supreme Bench three
or four eminent jurists who are lingering
superfuous there las Mr.. CAULFIELD
maintains) with more than twice his
years and perhaps-if he will permit the
supposition-with more than ten thou
sand times his brains.
The present law about the retirement
of Federal Judges on full salary is
considerably older than Mr.. CAUIPIELD
himself 1t had stood ON the statutes
unchanged for almost forty years when
Mr. CAULFIEbD took up the subject. 1t
provides that when any Judge of any
court of the United States resigns
having, reached the age of seventy and
having held his commission at least ten
years. he shall receive his salary during
the rest of his life. We call Mr.. CAUL-
FIELDS special attention to the circum-
stance that the existing law, in thus
avoiding anything like an attempt to
cajole or scare the Judge over seventy
into preciptate retirement by affixing
IA time limit TO his chance to keep his
salary, recognizes and follows the intent
OF the Constitution. which says nothing
about seventy years and makes the life
tenure Of the Federal Judge depend
Solely upon good Behavior in Office.
lila aBatenent published on Wednesday
r.=eAULrTELDr replied to our remarks
about his two bills for elimination. He
says that the principal objects" OF his
measures are, first, to permit a continp-
ance OF salary on retirement for perma-
nent incapacity at any age after ten
years service; and, secondly, to allow SER
vice in successive courts to count the
same as continuous service in one court
in tho matter Of qualification for the con-
tinuance Of full salary. II those are the
principal purposes we haven't the slight
est quarrel with the principal purposes.
We confne pur opposition to what Mr..
CAULFIElDs sprofesses to regard as Incl
dental in his measure. But it will strike
m0st people, ard particularly lawyers
who study the Ingenious phraseology Of
the two bills, that the principal purpose
OF the author is to make the retirement
of Federal Judges compulsory, or prac-
tically compulsory, at the age Of seventy,
Notwithstanding Section Of Article III.
OF the Constitution.
Mr.. CAULRIELD's statement OF his
theory and purpose as to the secondary
or incidental feature Of his bill is this:
THB SVNa criticism proceeds entirely on the
erroneous theory that the law providing for the
retirement of Judges was passed for the benent
OF the Judges. the Congress intended to single
them out OF all other public servants and pension
them. As matter OF fact that law was passed
wi4fa view 70 benent the public service by lnduc
int the Judges through offer OF fll pay to retire
at the age of seventy. The Congress that passed
lthas law fxed the age OF seventy as the proper
5ase for retirement. nv on merely foiioUs the
principles more snSciirrIv"
And with a vengeance! my bill"
says to three of the greatest jurists now
sitting in any court on earth-Judges
who are exercising in the public service
faculties unimpaired and wisdom ripened
by wide experience: Step down lively.
now! Quit within ninety days or go
TO the poorhouse, 40 far as the Govern
ment of the United States ia coneernedl"
That is what Mr.. CAULFIELD's bill says
TO Chief Justice FULLER, to Justice
JOHN NJ HARLAN and to Justice DAVID
j. BREWER.
To Justice RUFUS W. PECKHAM and to
every other Federal Judge who shall in
due course Of time reach the. age Of
seventy, no matter how many years of
usefulness, may remain in the life proba-
bilities Of the individual Mr.. CAULFIELD's 3
other bill says: Either down and out
before the clock strikes midnight on the
ninetieth day or forfeit that just and well
earned provision which the act of April
TO- 1869, made for the last years OF life
spent in upholding in this land the ma
jestyH OF law at the sacrifice of all selfish
or pefsofial interests!"
n this ardent young elminator will
study the Constitution, the history of our
institutions, and particularly the records
OK the first session Of the Forty-lirst Cor
gress, he will discover some things he
does not seem to understand. He will
ieasln that when Congress provided for
retirement at full pay at or after seventy
II was not "singling' the Federal Judges
'out Of all oth her public servants' in order
to pension them, but was merely pre-
Eldire the logical and legitimate sequel
10 the active service OF public servants
Aft - b ~ d ils v. A. Il