The Montgomery advertiser., 1909-09-13
WEAR EREIINE LONG PERIODS Supreme Court Justices Long Lived. HARLAN REPORTED TO BE IL Usual Rumor of Resignation Is
 Revived. h Event sf vacancy on Bench, Beraev- d Taft Would oaer eIacs Ts
 General Luke E.
 wright.
HARLAN REPORTED TO BE ILL
pY ALFRED ,. STOPPER.

Washington. Sept. l2--tSpecial. --If any one of the more aged Justices of the Supreme Court gets . bad cold 1t seems to be basis enough Tor somebody to start the report that he is seriously contemplating being placed on the re- tired list. The latest rum6r set afioat is that Justice Harlan is in declining health and that along about the time Congress meets he will certainly mani fest . dsire to step aside and give President Taft an opportunity to ap- point younger man.
 Justice Harlan has been spending the summer at Murray Bay and his son. Commerce Commission, has also been away on his vacation for the past six weeks. so none of the members Of the family have been in Washington to say whether or not the venerable kentuck- ian Is indisposed. He certainly looked very well when the Supreme Court was last in session, and if his health is breaking down. those closest to him have been careful to conceal the fact
 If he lives until November 2s, Jus tfce Harlan will have rounded, out fhirty-two years as a member or the highest judicial tribunal in the land. hayinz been commissioned Tn 1877.
 These older members of the Supreme Court hang on with tenacity that ts remarkable. The late Judge stephen Field had two objects in remaining on the Supreme Court bench some time after he knew himself that he was physically incapable of properly per forming the duties expected of him. He had an ambition to serve longer than Chief Justice Marshall. whose record was approximately thirty-four years.
 Opposed to Cleveland.
 More than that Justice Field did not agree with President Cleveland, and It was m secret here that Sudse fieio made up his mind that as long as ne could hold out he did not intend to give MT. Cleveland an opportunity to make this appointment. The old man broke the record for service ana also had the satisfaction of remaining a member Of the court until after Mir. Cleveianas last term as President had expired. He was In very feeble health during the last year he was on the bench and the younrer and more robust members of the court were constantly on the alert lest he should embarrass them during the arguments, for the old man at times would become quite unruly. To- wards the last he was not assigned 10 write any opinions
 Chief Justice Fuller and Justice Har- Ian were both born in the same year, 1888. and therefore each Is In his 17th wear. the former being about three months older than the Kentuckian. For the past year the Chief Justice has been in c decidedly weak condition physically. He has been painfully slow of Iocomotion, and in reading decisions and orders from the bench his voice xvas so weak that it has been with the greatest difaculty that those near him could hear his utterances.
 Justice Harlan Spry.
 D,,+ Tuatice Harland, on the con- trary. has been surprisingly spry. His voice would ring out clear and strong Through the spring months he also fre- auently indulged In golf. to which he has been a devotee for years. and at dinners during the past social season inc venerable Kentuckian proved that he still enjoyed them right along with inc younger men. Like the late great Justice Miller. who was also Ken- tuckian. Justice Harlan usually sktps wines at dinners. When he takes any thing in the way of spirits good, plain whiskey Is what he calls for.
 Friends of Justice Harlan who have heen heard to express an opinion on the subject. think tha something mighty serious would have to be the matter with him before he would go on the retired list. But they declare this latest report Is nothing new. Others have been put in circulation du- ring the last six years. The gossips have had him retiring to do this or that thing until the judge they say has ceased to deny the reports that are put In circulation. Many of his friends ra- ther think that if the Ketuckian's health holds out he is going to remain on the bench long enough 10 break the records made even by Chief Justice Marshall and Justice Fiefd. Should he live three years longer he could do that.
 Of the nine Justices of the Supreme Court only three are Democrats-the Chief Justice. Justices White of Louisiana and Peckham of New York. They were all appointed by the late President Cleveland.
 May Name Wright.
 An impression prevails. though there is no certainty about it. that if Presi- dent Taft has an opportunity this year or next, or any time during his ad- ministration to name a new Justice. he is quite apt to bestow that great hon. or upon General Luke E Wright of tennessee. It is quite likely that the chance win come. but it remains to be seen whether or not General Wright ~