The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-04-18
Taft Has Selected No
Su ccessor to Late
Justice Brewer.
MAY EQUAL RECORD
IN APPOINTMENTS
Rumored That Moody Will Re-
sign, While Fuller and Har-
Ian Are Old in Years-No
President Has N a m ed
More Than Five
Justices.

Washington, D. c., April ll.--Wlth
little more than year of President
Taft's administration gone. the ante
election prediction that the successful
man at the polls in 1908 would be
called upon to appoint a number OF
members to the Supreme Court of the
United States has been realized in large
part.
Judge Lurton already has been
placed on the bench by his former
associate OF the Circuit Court bench.
and to-day the President is Weighing
the capability and availability OF Ju-
rists throughout the land with vie"
TO selecting a SUCCESSOR to the late
Justice Brewer. Rumors that Justice
Moody may resign on account of III
health are insistent, although yiso-
rously denied.
Two members of the court Chief
Justice Fuller and Justice Harlan, are
near their seventy seventh birthdays
Should these three resign, retire or the
hand OF death be laid on them in the
next three years, President Taft would
equal the record for appointing Justices
since the organization of the court.
That record was made by Jackson and
matched by Lincoln and Grant, each
naming five members.
Deprived of Privilege.
Every President, with the exception
of Harrison. Taylor and Johnson. has
filled vacancies on the bench, although
IL was necessary for Congress to reduce
the number of members of the court TO
deprive Johnson of the privilege.
The indefinite tenure OF Office Is re-
sponsible for the varying imprint of
Presidents on the personnel of the
court Chief Justice Marshall set the
record for service at thirty-four years.
This was equaled by Justice story, OF
Massachusetts. and Justice Field, of
California. The shortest period ever
served was by Justice Harrison. OF
Maryland, who was member OF the
court for only one year
Although there have been sixty.
three members on the bench in the l20
years OF its existence. only twenty
three, or Just half, of the States have
been represented by favorite sons in
this list. New York and Ohio head the
roll with seven members each. Massa-
chusetts comes next, with six. The
old States of Pennsylvania, Maryland
and Virginia have furnished five each,
while Tennessee and Kentucky follow
with three each; South Carolina, North
Carolina, New jersey. Georgia. Ala
bama. Illinois and California, with two
each. and Connecticut, New Hampshire.
Maine. Iowa. Mississippi, Kansas, Mich
igan and Louisiana, with one each. at
present Massachusetts, has two men,
bers, and Illinois. Kentucky. Louisiana.
California. Ohio and Tennessee one
each.
Wide Range of Age.
A wide range of age is presented 10
a President from which TO choose his
appointees. The youngest Justice ever
appointed was the famous Justice story.
of Massachusetts. He was thirtytwo
when selected. The Oldest man ever
given seat on the bench was Justice
Lurton, of Tennessee, who. by reason
of his service on this particular bench.
is designated as the baby member"
He was sixty-siN when appointed. The
record up to that time was held by
Justice Hunt, of New York. who went
on the bench at the age Of siSty-two.
The ages of the present members are:
Chief Justice Fuller and Justice Har-
Ian, seventyseven;e Justice White.
sixty-fve: Justice Mckenna, sixty
seven: Justice Holmes, sixty nine; JUS
tice Day, sixty-one: Justice Moody.
hfty-seven, and Justice Lurton, sixty
six.
Presidents generally have felt them
selves limited 10 lilelI OWIl pdity siliCo
the drawing of strictly party lines.
There have been only two exceptions.
President Benjamin Harrison, Just as
he was about to be succeeded by a
Democratic President, appointed his
friend, Justice Jackson, of Tennessee.
to the bench. President Taft was the
other President to step over party lines
when he named his old associate on the
bench, Justice Lurton, another Tennes-
sean
Three Democrats.
At present there are three Democrats
on the bench-Chief Justice Fuller and
Justices White and Lurton-while JUS
tices Harlan, McKenna. Holmes, Day
and Moody are Republicans.
The religious belief of the members
is not known ever to have entered into
selection in any way. At present JUS
tices White and McKenna are Catho-
lies, while the others are of Protestant
profession or inclination.