The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-06-16
TO RETIRE JUSTICE MOODY'
BILL 10 PERMIT MN 10 nj
SIGN WITH PiT.
Taik already Of Presidoai's Cheles oT q
SuecrsaOr BoWers and WleksFuhAm
Vet 10 ns Named. a. They Could
Not Slt IN the on ami Tuhaces Eases.

Not Sit N the on and TUhaees Eases .
4 WARRINGTON June Is A bil 10 permit
a Naciate Justice William II. Moody Of
the United States Supreme Court 10 retire
on account II IN health was introduced
in the senate to-day by senator Lodge,
and in the HOuAe by Representative
0illett, both Of Massachusetts,. and both
personal friends Of the JJusliCs. The
bill extends 10 Justice Moody the full
benefit Of the act which permits retire
ment II supreme Court members for age
and ten years service with pay
Both senator Lodge and Representative
Gillett heretofore have opposed all sng-
gestions relating 10 the retirement Of
Justice Moody. and ths introduction Of the
bin in both houses today means that
Justice MoOdy's friends have persuaded
him that he ought 20 rstirs.
The bill will hS reported from The
Senate Committee on the judiciary to-
morrow and will be acted upon promptly
in both houses II "a expected tina, il will
be ready for tho Presidents signature
within a few days Under the terms Of
the ball Justice Moody will have six months
in which 10 retire His health n sE-
trenlely preca rious. however and his
friends in Washington have just about
made up their minds that he will never
he able 20 resume his seat on the bench
They expect 20 see him announces his ~
tirement a. soon a. the pending bill be-
comes a law
One Of the considerations that have
moved Justice MOody's friends to advise
him 20 retire is hat the Standard OIL
and tobacco trust Ca'~s and the corpora
ton tar cases ought to be heard by a
full bench when they come up for re-
argument next October Members Of
the supreme Court itself believe that these
important cases should he decided by
full bench. and the members Of the
Taft administration are Of like opinion
II Justice MOody's successor IL TO take
part in the decisions on these cases he
will have 20 have teen named before
Congress adiOurns. which will probably
he the latter part u next week.
Justice Moody is now at his home IN
Haverhill. Mas. He has besn a sufferer
from rheumatism for a long time and
has not been able 20 occupy his seat
GA the bench for almost a year He
was appointed 20 the bench by President
Roosevelt IN 1919. and would have almos,
six years more 10 serve before he could
await himself u The rstirsment with pay
provision for length Of service. The
Jusiioe II only 50 years Old The age
of retirement under che present statute
IL a. Justice Moody Ia not wealthy.
is has spent the greater pan ~ his hie
in the pubiic service and 10 Obliged 10
depeud more " h'-s on his salary a. a
Jusiice
The bill introduced to-day mentions the
Justice by name II provides that pCc-
tiCn ~ q the Rev ired Statutes h. -eg-
tended and be made applicnhls - William
r. Moody. AZ Associate Justice ~ the
United States IN consequence of hs
physical disability not~ithstandiny he
has not served the fall term 81 ia years
Or attained the age II 70 years
Unless Justice Moody resigns within
siy months the act becomas void There
Is a precedent for legislition uf this
character In 1872 Congress I,is-sd
NV retiring Justice Ward Hunt u New
York with nay Justice Hunt had suffered
stroke u paralysis and had not been
able 10 ~ On the bench Tor almost Eve
years
The retirement u Justice Moody will
make the third member VI the supreme
Court that President Taft has beon cal!cd
upon TO appoint within the last ycar
Justice Harian and Justice Fuller are
already eligible 90 retirement "a account
~ age. and u b. conceivable that prtri-
dent Taft. before his first term has ex-
pirrd. may have been called upon %
appoint a ma iurity Of the Supreme COur.
u the United States This h a duty that
President Taft himself has looked for
ward % ever since he was inauglrated
az the most important that might con-
front his entire administration.
There h considerable speculation
ALREADY as 70 Justice MoOdy's Successor
in ths event 81 his retirement Attorney
General Wiokersham and Lloyd " Bow
err. Solicitor General. who have been
favOrubly regarded by President Taft
for places Oh the supreme Court bench.
will be ineligible TO at in the Standard
OIL and tobacco trust and corporation
tar cases This will practically put them
out d consideration. IL has been re-
ported that Secretary Of War Dickinson
has aspirations 20 go on the bench and
that Mr. Taft IN inclined 10 regard them
lavorably. Il 10 doubtful. however. Il
the President WOuld give this vacancy
70 a Democrat Judges Walter n San-
born Of ~ Paul and Willis Van Deventer
Of Cheyenne. WyO.. both members Of
the Eighth Circuit. also wero considered
bv President Taft before he selected
Gov. Hughes to succeed Justice Brewer
But they also are Ineligible 20 consider
the standard OIL oase. Among others
that President Taft considered far the
reosnt vacancy caused by Justice Brewers
death wcrc Louis Marshall 81 the law
firm Of Guggsnheim. Untermyer A Mar
shall Of New York city and Justice swaEso
Of the Supreme Court Of New Jersey
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