The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-10-09
It Is Stated That Hands of
Venerable Supreme Court
Member Are Disabled by a
Serious MaIady.
MAY never SIT AGAIN
IN EXALTED STATION
An Awkward Situation Would
Arise If He Should Linger,
Because He Could Not Re-
tire on Pay.

Washington. D. c.. Oct. Eff conf
Dental information that has reached
Washington be correct, Associate JUS
tice Moody, OF the Supreme Court,
probably never again will sit as a mem
Der on that bench. His physical con-
dition is much more grave than the
public has been permitted to guess.
Personal friends admitted to his sick
chamber at the Moody home in Hav-
erhill, Mass. have gone away very
much alarmed by the emaciated APP
pearance of the jurist and convinced
that little short of a miracle can re-
store him to his former health and
physical and mental vitality.
1t was few days before the close
of the term of court of last May tina.
the justice was taken with a severe al
tack of rheumatism. Acting on the
advice of physicians he left Washing
ton at once for Hot Springs. Va.
where it was believed the baths would
be Of benefit to him. Improving
slightly, Mr.. Moody went to a SANTA
rum In New York. His condition
failed to improve and he was carried
to his old home in Haverhill.
Has Serious Malady.
Although all reports as to his con-
dition have confined his ailment to
rheumatism, there is good reason to
believe that Mr.. Moody is afflicted with
a disease more serious.
A gentleman who recently conversed
with intimate friends of the Justice
in Haverhill, is authority for the state
ment that it is impossible for Mr..
Moody even to lift his hands. Ac-
cording to this authority, Mr.. Moody is
greatly emaciated.
William Henry Moody is the young
est member Of the Supreme court and
the last of the appointees of President
Roosevelt. He was secretary of the
navy in the cabinet of Mr.. Roosevelt.
but was transferred to the department
of justice to succeed Attorney General
Knox when the latter resigned. Mr..
/ Moody was appointed justice of the
supreme court on December 3, 1906,
and was confirmed by the senate nine
days later. He took his seat on the
bench December II, 1905
) If Justice Moody be incapacitated
from serving as a member of the STU
preme court, by reason of his illness. a
unique situation will be presented, al
though it is not entirely without prece-
dent in the history Of the country.
Must Serve Ten Years.
In order to avail himself of the re-
| tirement feature OF the law concern
/ 81
member must have served on that
bench for 10 years and reached the
age of 20. Under such conditions he
can retire on full pay.
| Removal from the supreme court
can be brought about only through i'm
parchment or death. Justice Moody
has not served 10 years. nor is he any
where near 20 years Of age. For that
reason, unless Congress were to pass
special act. he could not retire on
pay. His failure to retire voluntarily
embarrass the court, which, on this ac-
count would consist of an even number
of members, situation which might
involve a delay of justice.
| II. however, the condition of Justice
Moody be so grave as is reported. it is
believed the personal friends of the
Justice will find a way for him to retire
and that congress will follow the prec-
dent set in the case of one of the ap-
pointees of General Grant.
Judge Ward Hunt, of New York.
was appointed to the supreme court on
December IL, 1872. Five years later
he was incapacitated by mental dis
ease from discharging his judicial du-
ties. He was a poor man and did not
retire. Four years afterward Con.
gress finally passed a special act pro-
viding for his retirement on a full pen
sion. The justice Immediately avail
ed himself of the act.