El Paso herald. (El Paso, Tex.) 1901-1931, 1910-04-16
TAFT MAY NOT FILL SUPREME COURT
VACANCY UNTIL AFTER TRUST DECISIONS
How Politics Affect the Justice Harlan Is the
Oldest Member of the Supreme Court Sixty Three
Men Have Worn the Silken Robes Since the
Court Was Organized.
nv Frederick j. Haskin1

j. Haskin.)
, court TO 10 members for political puT-
poses. In the time of Andrew Johnson,
congress decreased the size of the
court in order that the president might
rot fill a vacancy. In the disputed
presidential election of 1876 the five
members of the supreme court sitting
on the electoral commission were as re-
liably partisan as ever party politician
could ask.
Big Cases Await Decision.
Rarely has the supreme court had be-
fore it as many cases of tremendous
importance as now await decision. Up
on the decisions in the Standard Oil and
Tobacco trust cases, and in the corpoT-
alton tax case, may depend the whole
future Of business and industry in
America
These cases were argued before eight
justices, justice Moody being i'll. JUS
tice Brewer has since died, but 1t is
possible that he already had given his
vote and that it had been noted" in
advance of the final preparation of the
opinions. This was done in one case in
which justice Peckham sat. His vote
was given, and was counted, but the
opinion was not prepared and handed
down until after justice Peckhams
death. In any event, the seven justices
now active will decide the great trust
cases. Justice Moody is i'll, and preSi-
dent Taft probably Will not appoint
justice Brewers successor until these
great cases have been disposed Of
Sixty-three men have served on the
supreme bench since the establishment
of the government in 1883. They have
come from % different states. so that
exactly one-half of the states of the
union have been represented, at one
time or another, on the supreme bench
New York has seven justices to its
credit, taking first place. Massachu-
setts and Ohio, with six each, come
next. Pennsylvania, Virginia, and Mary
land each have had five; South Caro-
lima, Kentucky, and Tennessee each |
have had three; North Carolina, New
Jersey, Georgia, Ala ALBANIA, Illinois and |
California each have had two; while |
Connecticut, New Hampshire, Maine, |
Iowa, Mississippi, Kansas, Michigan and |
louisiana have had one each
The Youngest Arpo;ntee-
The youngest man ever appointed to (
the supreme bench was the famous jus |
tice Joseph Story of Massachusetts, who |
was appointed by president Madison in |
1911. He was but 80 years old when he |
took his place on the bench, where he |
served for "a years. The oldest man |
ever appointed was justice Lurton, the |
youngest member of the present court |
III punt VI SSINlC6- he NdS % years OIL !
age when commissioned.
The court holds its sittings in what |
was once the senate chamber in the |
capitol at Washington. It is a small |
room, the greater part of which is re- |
served for the members of the bar |
However, the court room is always open |
and anyone may enter provided there is /
room for him. The justices wear black
silken robes, use quill pens and open
of xT-i4
ceremony But when justice Harlan
borrows chew of tobacco from justice !
White on the bench, the visitor is given |
TO see that however powerful may be |
the supreme court. its judges are still |
and still Democrats.
The Courts Power.
The power of the supreme court
finally to determine whether or not a
legislative or executive act is or is not
valid under the constitution was not
expressly granted by the makers of the
constitution. That instrument sought
to create three separate departments of
government, legislative, executive and
judicial; and to keep them separate
with the exceptions of certain executive !
functions vested in the senate
The power to nuliify a law by brand
ing it Unconstitutional was the first !
and greatest new principle added to the
in the process of interpre-
tation. 1t was not done without opposi-
ion, for there was a strong party
which sought TO deny the right of the
court thus to determine what was or
was not constitutional.
e 1t was proposed that every member
# the court be impeached for presum-
ng to declare an act of congress I'M
constitutional and for sending man
Janus 10 the secretary of state. John
Randolph, of Roanoke, was a leader
imong those who believed that the
Judges had committed a high INSIDE
neanor deserving impeachment and re-
noval from office when they set aside
law as unconstitutional. But his fol-
owing was comparatively meager, and
'efore John Marshalrs day on the
'ench was over the plastic constitution
lad been fixed and, so far as the
ederal judiciary is concerned, it has
emained unchanged for quite a CEN