Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-06-16
MOODY may retire
Congress viii Pass Bill to Al
low Him Full Pay.
PRESIDENT TO ACT SOON
Expected to Name Successor Before
End Of Session.
IMPORTANT ISSUES AT STAKE
Cases Pending Before Supreme Court
Demand Hearing Before
Full Bench.
IMPORTANT ISSUES AT STAKE

Full Bench.
The retirement of Associate Justice
Moody of the Supreme Court of the
United States, upon full pay, practically
was assured today by the action OF both
the Senate and House committees on
judiciary in favorably reporting bills in
troduced yesterday by Senator Lodge and
Representative Gillette Of Massachusetts.
In the Senate Chairman Clark asked for
! immediate consideration, but withdrew
his motion temporarily at the suggestion
Of Senator Bacon. in order that there
might be large attendance to consider
| a measure of such importance. 1t is
planned to take up the bill in the House
| tomorrow, and SO far as can be learned
there is no opposition to the passage Of
the bills in either branch.
Resignation in Five Months.
When the Moody bill was taken up in
the Senate committee today there was
considerable discussion Of the propriety
Of a successor being appointed and Of
his taking a seat in advance of approval
by the Senate. The bill was amended SO
as to require the resignation OF Justice
Moody within FIVE months, instead of six
months, az provided by the bills as in
troduced. This would require the resigna-
ton to take effect in advance Of the
next session Of Congress and without
making it compulsory apparently was
intended to invite immediate resignation
so that action might be had before the
adjournment OF the present session if
President Taft is ready to name Justice
Moody's successor.
Several senators discussed the question
whether the President would appoint
member Of the Supreme bench to sue
coed Justice Moody during the vacation
OF Congress. Members of the committee
were unwilling to be quoted on that SUBJ
ject, but it was stated that the consensus
Of opinion was as follows:
Must Await Confirmation.
mo man who is fit to sit as a member
of the Supreme Court of the United
States would take his seat in advance
Of confirmation by the Senate. II man
appointed in vacation Of Congress should
begin service in advance OF approval by
the Senate the members of the judiciary
committee would be unanimously In
favor OF rejecting the appointment"
Several members OF the judiciary COM
mittee were authority for the foregoing,
but in discussing the situation they stip-
u]ated that their views should not be
directed to the particular case in issue,
but that q principle was involved.
The advantage Of Justice Moody's sue
cessor being appointed and Qualifying be-
fore Congress adjourns is recognized. 1t
would make it possible for the rearGu-
ment of the important Standard OIL, To-
Eacco and corporation tax cases next fall
to take place before a full bench. Other
wise the vacancy would continue to exist
until Congress confirmed the appointment
at the session beginning next December.
President Taft has announced that he
on the Supreme bench during recess of
Congress, which makes il certain that
Justice Moody's successor will be named
within the next few weeks or not until
next winter.
The first steps looking to the retirement
of Mr.. Justice Moody, which was fore
casted in The Star some time ago. was
taken yesterday afternoon by the intro
authorizing his retirement on full pay.
Such action is necessary from the fact
that Mr.. Moody has not served ten years
In the court nor attained the age of
seventy, the requirements IOf IflS NOiun-
tary retirement Of Supreme Court JUS
tice.
Senator Lodge introduced a bill in the
Senate. while Representative Gillett put
in the House bill
Mr. Gillett in explaining the bill pointed
out the precedent for this action in the
retirement in 1882 of Judge Hunt, and
then went on to say that Mr. Moody's
friends still hope that he will recover
and be able to take his seat in October.
tho nnfinn M
which the bill provides.
Important Cases Pending.
However, it is thought that il the
bill passes M. Moody will take adj
vantage of the privilege and retire at
once, so as to clear the way for his
successor to taae part in the highly inn
portant cases now before the court.
In fact. the bill may be amended go as
to indicate the intent of Congress that
this course should be followed. 1t is
the government and to the great in
terests involved in the pending suits that
the way should be cleared for a full
bench to hear these cases.
No one doubts that if there had been
full bench the important antitrust
suits and the corporation tax case would
have been decided before the court ad-
journed May 30. 1t Is argued that If
Mr.. MOODY Is 10 rcLire 1t WOul0 De I'M
wise to wait until next winter for the
appointment Of his successor, thereby
causing the loss of nearly two months
in which the court could be rehearing
these cases.
Justice Moody's Illness.
MIR. Justice Moody has been i'll since
April, 1909. and at times his condition has
been so critical as TO warrant fear of
fatal termination. He Is suffering from
a severe form of rheumatism, and al
though his ultimate recovery is expected,
present indication are said to be that he
has before him a long siege Of disability
from active labor.
The absence Of one justice from the
bench creates an embarrassing situation
in that it makes possible a tie vote, and
in such instances the decision of the
lower court stands as decision of the
Supreme Court 1t is not desired that
the corporation tax case and the suits
against the Standard Oil and tobacco
companies shall be passed upon in this
fashion
The Standard OIL and tobacco cases are
important to the government and to the
country at large because upon the courts
decision Of them Will depend govern
,,o>ptoi actinn AGAINST ct her alleged illegal