El Paso herald. (El Paso, Tex.) 1901-1931, 1910-04-16

~ ing whom he shall appoint 10 sue
- ceed the late David Josiah BTeWc
as associate justice of the Suprehl
court of the United States IT Is posi-
ton of the highest honor and the gray
est RESPONSIBILITIES. The United State
supreme court is unique among m
judicial tribunals of the world in that !
is supreme in fact as well as in name
The congress and the president MAJ
do what they will in enactirg and ap
proving legisiation--the supreme cour
must at last decide whether the leglsla
tive and executive action is in conso
nance with the constitution. II ina
court stamps a law unconstitutional
it becomes al once invalid and unen'
fo-ceable-
No faint of scandal ever has be
smirched the ermine of this exalted tri'
bunal, but politics does affect it. just q:
politics affects everything else II
which human beings are concerned
First of all the justices of the supreme
court are appointed by the president
The president always is, and always
must be- a politician 1t is not to DC
supposed that any president will ap-
poine to the supreme bench any man
whom he does not believe TO be in sym
pathy with his own political ideas
Therefore Mr.. Taft Will appoint some
W
Lurton, Taft's Appointee.
Although ne mas 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 Larton of Tennessee. Justice
Lurton, is a Democrat, but he and Mr..
Taft are personal friends of long
standing and the difference in party
cal difference in political ideas.
Only twice in the history of the
country. however, has a man been ele-
waited TO the supreme bench by a presi-
dent of another political party Curious
" enough, both men were from Ten
nessee, both were Democrats, both were
appointed by Republicans, and in each
instance close personal intimacy pre-
ceded the selection The selection OF
justice Lurton was one instance and the
other was the appointment of Howell
e Jackson by president Benjamin Har-
rison.
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 in
cumbent, 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
Justice Henry B. Brown, of Michigan,
and justice George Shiras. of Pennsyl
vania, are living, but they have long
since retired from the court Justice
Jackson died. in 1895 and justice
Brewer, the last of the Harrison ap-
pointees serving on the bench, but re-
Gently 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 little more than four
years, made but one appointment to the
supreme court that of justice Nc
kenna, now serving.
Roosevelt, in seven years, appointed
three judges, justices Holmes, Day and
Moody. all of whom are acting Mr..
Taft has made one appointment and
has another under consideration.
Vacancies May Occur Soon.
1t is probable that Mr.. Taft in his
four years viii have several other su-
preme court selections TO make Chief
justice Fuller and justice Harlan are
each "a years old, and justice Holmes
is So. 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 Lurton is
Sc, justice White is SIS, justice Day is
81. and justice Moody is 81.
Justice Moody. the only man on the
bench under 60, has been incapacitated
by illness for several months and may
never return TO active service. 1t is not
at 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-
tirely reconstructed the majority of the |
court
The Court and Politics
Politics always has had TO do with
the supreme court Both the Demo- /
cratic and the Republican parties came |
INTO existence as the result of popular
lprisings against the supreme court /
jefferson united the anti-Federalists in /
opposition TO John Jay, the first chief /
Justice, and the decisions Of the first I
supreme court, and founded the Demo- 1
cratic party II was the popular disap-
prevail of the Dred-Scott decision which .
ereathed life and power into the new
BORN Republican party on the eve of |
he civil war.
The great chief justice John Marshall |
vas eieVa4eo 10 the highest judicial /
position while in the very act of /
assisting John Adams in the packing
If the entire federal judiciary of the
country against the incoming jefferson
administration. Yet it was Marshal. on
he supreme bench. who took a flirnsv
,iece Of paper labelled 'sThe Constitu
ion and transformed it, by the
llcherry of a great brain, into the ma
ion which in 1910 is known all over
he world as The Great Republic
Not only has the president, by vir-
Ue of his appointing power. a political
influence upon the court. but congress
ilso has some leverage, since it has the
light TO determine the number of Judges
or the court.
in the time of Andrew Jackson the
Democrats increased the size of the