New-York tribune., 1908-07-12
FIVE NIGHT RETIRE.
Nert President May Haze to Flu
Supreme Court PGcancies.
rFrom The Tribune Burean. I

washington July 1.-THE Presidential rler-
tion this year will have an important bearing on
the Supreme Court Of the United States The
election of Democratic President would in al
probability mean that for the first time since the
Civil War a majority of the justices would be
Democrats
Politics is not supposed to cut much figure in
that high tribunal. but political parties none the
less have considerable pride and concern in see
ing men of their own faith wearing the ermine
and the close decisions in a number of great
legal and constitutional questions within the last
decade make the personnel Of the court matter
of concern for the future
Three of the nine members Of the court are
now Democrats-Chfef Justice Fuller. appointed
during Mr.. CIeveland's first term; Justice White
and Justice Peckhan. both appointed during his
second term. Five Of the justices vii be eligible
for retirement before March 4, 1913 when the
pext Presidential administration will have come
to an end. All but two OF these-Justiees Fuller
and Peckham-were appointed as Republicans.
There is a double qualification essential for re-
tirenent. involving not only seventy years of
age but ten years Of service on the tribunal
Chief Justice Fuller is seventy-ive, and has
been eligible for retirement since February II,
1908. but being devoted to his high office, he has
the honor.
Justice Harlan. the ranking associate, who has
been a member Of the court over thirty years
and has just passed his seventy-fifth milestone
has been eligible for retirement since June l.
19O3-more than five years Justice Brewer has
been eligible year. having passed his seventeen
birthday on June 20 1907 Justice Peckham
has now served on the court thirteen years and
will be seventy on November ;. 1905, 50 that on
the Sunday Immediately following the coming
Presidential election there Will be four members
Of the tribunal who may allow either Prrsden;
Roosevelt 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 November is Justice Holmes. Al
though he is one of the newer members Of the
court being President ROosevelt's first ap-
pointee he will be seventy on March s, 19ll,
and will have rounded out his tenth year on the
tribunal on December 4, 1912 He viii there
fore 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 moment they have a
chance. Most Of the justices have died in har-
ness Since the Civil War only seven justices
| have taken advantage of the retirement clause,
although there have been twenty-six appointeeS
There are now only two living in retirement
Justices Brown and Shiras- When eligible for
retirement each member Of the court becomes
law unto himself. A notable instance was that
of the late Justice Field, who spent thirty four
years on the Supreme Bench. He could have re-
tired any time after the middle of cleveland $
first term, but waited until the first session or
the court after the inauguration OF President