The Elbert County tribune., 1908-08-13


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 If 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 ju-
dicial body in the United States. II
such were the privilege of the next
president and he we're 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
a majority.
Politics is not supposed to cut much
figure in that high tribunal, but po-
litical 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 constitu-
tional 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
tice Fuller. appointed during Mr..
Cleveland'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 4. 1913, when the next
presidential administration will have
come to an end. All but two of these
Justices Fuller and Peckham-
were appointed as Republicans.
There is double qualification essen.
tial for retirement, involving not only
ice on the tribunal. Chief Justice
Fuller is rs, and has been eligible for
retirement since February IL, 1908
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 80 years and has just
passed his seventy-fifth milestone, has
been eligible for retirement since June
/, 1903-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 13 years, and
will be 70 on November s, 1908, so that
on the Sunday Immediately following
the coming presidential election there
will be four members of the tribunal
who may allow either president Roose
welt 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 Novem
ber is Justice Holmes. Although he
is one of the newer members of the
court, being President Roosevelts frs
appointee. he will be 20 on March s
1911, and will have rounded out his
tenth year on the tribunal on Decem
ber 4, 1912. He will therefore posses:
the right Of retiring Just three months
before the end of the next president.
term.
AS rule, members OF the supreme
court are not prone to retire the mo
ment they have a chance. Most O.
the justices have died in harness
Since the civil war only seven justice.
have taken advantage of the retire
ment clause. although there have beer
26 appointees. There are now onl,
two living in etirement-Justices
Brown and Shiras. When eligible fol
retirement each member of the cour
becomes law unto himself. A no
table instance was that of the late Jus
tice Field, who spent "a years on thu
supreme bench. He could have re
tired any time after the middle O
Cleveland's first term, but waited unit
the first session Of the court after tn,
inauguration of President Mckinley, IL