The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-10-15
OLDER JUSTICES
DO THE WORK
BY Ernest O. walker


WASHINGTON, September S0.-Tho
most conservative and sedate Of al
the government institutions AZ the sea.
Of government is the first 70 70 into
action this autumn. That 10 the su.
preme Court Of the United States. II
begins its sessions next Monday for
the winter and faces decisions 80 lot
of eramaking litigation. Since the
Inauguration Of new policies and the
enactment Of sweeping laws, as well
as the enforcement OF others that had
been dead letters upon the statute
book, the tasks on the Supreme Court
have grown in number aud magnitude.
II Is now become court Of very
old justices, nearly all Of whom, how.
ever, appear 10 be in fairly good
health. OF the nine men making the
court Chief Justice Fuller is IN his
seventy seventh year. He gives care,
full and conscientious attention tO the
work, but is growing in6rm, Justice
Harlan the senior associate " the
court, IL also in his seyenty-seyenth
year. Both men could have retired
on full salary seven years ago, But
there IL tradition that chief Justices
all die in office and Chief Justice Pol,
Ter Is stickler for the tradi lions Of
his high place. He has now served
twenty.one years as chief justice and
IL the only Democrat AZ the head Of
any one Of the three coordinate do,
partmcnts Of the government. Justice
Harlan has served In his present Office
thirty.tWo years, He likes the active
work, which keeps the court IN Wash,
ington only from October 10 June, and
prefers IL 10 the idle life that would
follow retirement.
Associate Justice Brewer, probably
the most popular member Of the court,
Is seyenty'two years old, and Is Just
|. rounding out twenty years Of service
there. He could have retired on full
pay two years ago but, like Justice
Harlan, prefers the active life.
Justice White Is siSty,fOurj Justice
Peckhnm, sixty'Dine, withiD one year
Of retirement agej Justice McKeHn0,
sixtysixj Justice Holmes, sixty'eigbtj
Justice Day sixtyj Justice Moody,
! ffty-sx, McKenn0 Is not IN good
health, Moody, the youngest man on
the court who seemed 10 have long
and promising career ahead Of bin, IL
, very III with rheumatism He IL NJ
his home In Hayerhll, Mass, wasted
p cry Is still prOblematicnl, ~ N not
likely that he will return 10 work, al
, lenst for many months md perhaps
p not Mt all during the court year,
, The burden Of the courts response
Q biIity falls upon the senior justices ~
matters stand now, Harlan, Brewer
3 White, Fuller, and PeckhBm constitute
{ the strength of the tribunal, IN the
l very nature Of things, none Of these ef
b. cept Justice White ran have many
years more Of active service, II Is gen
! orally understood that Justice Peek
= ham will retire AS soon as he h eligible
. ms did Justices Brown and Sblras, the
only two living retired members OF the
court,
According TO present prospects sey'
eral members of the court must be mp
pointed within the next three years, ana
II Is within the probabilities That by
1912 q majority OF the justices Will be-
\ comparatively new men, 80 ~ N th0i
one of tho very important matters
which President Taft may haye 10 con
slider during his term Of Office Is The
@ selection Of men, who will compose 4
majority Of this court " nine for many
: years to come. II Is the policy 10 nnm'
y men for Justices who will have long
y term Of service ahead Of them, and The
{ mon whom the President will select mRJ
y be the MINORITY Of the court for quar-
}, ter Of century
Once nOminaied aud confirmed, .
n Judge Of the Supreme Court IL prae
a tieally beyond any governmental nu
II thoTity, He can not be removed except
IS by impeachment proceedings, aud GaI
a Rerye til death calls him, unless h
"a chooses otherwise,
n The ability Of the court, AT pres
+, ent constituted, n not questioned, bu
!, ms the older Justices drop out there VII
- be n very crying demand for tho NOM
" nntiOD Of mon of very high capacity 10
' judicial work, President Taft II OK
peeted 10 meet that demand for, hay
y, Ing served himself as a circuit judge
re he has ideals OF whit the suprGm
II Court should be, lle has been pnriiqp
N larly careful in the selection of judge
le for the district and circuit courts, an
does not allow politics 10 influence hin
The serious Illness 81 Justice Mood
Is regarded as very M % lnpfe !
leaves only eight members J . c0nT
E with the possibility always prea}Ri m
the court will be evenly divided,
Justice Moody has served as attorney
IS general, before he was elevated 10 th
court, he has been unable 10 paTlieipat
in the consideration Ut number .
cases because VI having represented u
government IN some Of them az earle
stages, lhe last ease Of serious Illness
that incapaeitated one Of the snprem
n. Court judges for quite period, wa
: thai of Justice Jackson Of TENNESSEE
~ lie was III for long tins, fQll1wln
eT his appointment by President Harrison
OF and died before no had had any eHteni
j. cd career as o member ~ The court
y The usual visit Ut courtesy upon "
W President at the converting of tile epll
co for the 0etnber term viii BIO Qmltia
he this year, because NJ the President
81 absence, There arc few fnrmalties q
- tending the resumption " bushes
Nv Many eases await argument aud WI
little delay tbs round VI arguments \
lA counsel viii be begun ~ the little eolt
NJ room which, IN the nlden days was "
an ohnular nf tha United ktafDs 6puut