The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-16
Highest Court Supreme
In Fact as We'll as Name

HI i at dO
WASHINGTON, April 16.-President
appoint to succeed the late David Jo-
siah Brewer as associate justice of the
supreme court of the United States.
1t IS a position of the highest honor
and the gravest responsibilities. The
United States supreme court Is unique
among the judicial tribunals of the
word in that It is supreme in fact as
well as in name The congress and the
president may do what they will in
enacting and approving leg.slation-the
supreme court must at last decide
whether the legislative and executive
action is in consonance with the con-
stitution If that court stamps a law
unconstitutional it becomes at once
invalid and uncomfortable.
Politics Affects 1t.
No faint of scandal ever has be-
sm.rched the ermine OF this exalted trI-
bunal, but politics does affect it, just
as politics affects everything else in
which human beings are concerned.
First of all, the justices of the SUI
preme court are appointed by the pres
ident The president always it. and al
ways must be, politician. 1t is not to
be supposed that any president VIII
appoint to the supreme bench any man
whom he does not believe to be in
sympathy with his own political ideas
Therefore, Mr.. Taft will appoint some
one who thinks aus Mr.. Taft thinks.
Although he has been president but
little over a year, two vacancies have
occurred in the supreme court since
Mr. Taft has been in the White House
The first he filled by the appointment
of Horace H. Lurton Of Tennessee. Jus
tice Lurton is a democrat, but he and
Mr.. Taft are personal friends Of long
standing and the difference in party
name probably does not indicate a rad
zeal difference in political ideas. Only
twice in the history of the country,
however, has a man been elevated to
the supreme bench by a president of
another political party. Curlously
enough both men We're from Tennessee.
both were democrats, both were ap-
pointed by republicans and in each in
stance a close personal intimacy pre-
Justice Lurton was one instance and
the other was The appointment of How
ell E. Jackson, by President Benjamin
Harrison.
Harlan Oldest Member.
Justice Harlan who was appointed in
1877 by President Hayes, is the Oldest
member of the court. Hayes appointed
but two supreme judges in his four
years. Cleveland in his first term made
two appointments, one of which was
that of CHIEF Justice Fuller the incum-
bent, who came into office in 1888
President Harrison. in his four years,
named four men for the supreme bench
not one of whom is now in service. JUS
tee Henry B. Brown of Michigan and
Justice George Shiras of Pennsylvania
are living, but they have long since
retired from the court Justice Jackson
died in 1895 and Justice Brewer, the
last of the Harrison appointees serving
on the bench, but recently passed away
In his second term, Cleveland again
appointed two judges, Justice Peckham
who was succeeded by Justice Lurton
and Justice White, who is still in active
service Mckinley in a little more than
four years. babe but one appointment
McKenna, now serving. Roosevelt, in
seven years, appointed three judges
Justices Holmes, Day and Moody, al
of whom are acting. Mr.. Taft has
made one appointment and has another
under consideration.
Many Are Past Limit.
1t is probable that Mr. Taft in his
four years VIII have several other SUI
preme court selections to make Chief
Justice Fuller and Justice Harlan, are
each IT years old and Justice Holmes
is CO. AS the justices may retire at the
age of 20 or any time thereafter va
cancies are liable to occur at any time
Justice McKenna is 81, Justice Lurtor
is Sc, Justice White is IS, Justice Day
is 81 and Justice Moody is 81. Justice
Moody, the only man on the bench un-
der so, has been incapacitated by i'll
ness for several months, and may new
er return to active service. 1t is not al
all improbable that Mr.. Taft, in the
course OF his present term, may be
called upon to name two or three more
justices. In that event he will have en-