The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-16

administration Yet it was Marshall
on the supreme bench who took a film
sy BIT of paper labelled, 1.-THE Consti-
tuition" and transformed it, by the al
chemy of a great brain, into the nation
which in 1910 is known all over the
world as The Great Republic.
Congress Has Authority.
Not only has the president, by vir-
tue of his appointing power. a political
influence upon the court, but congress
also has some leverage, since it has the
right to determine the number of
judges for the court. In the time OF
Andrew Jackson the democrats in
creasd the size of the court to 10 men,
bers for political purposes. In the time
of Andrew Johnson. congress decreased
the size of the court, in order that the
the disputed presidential election of rs
the five members fthe supreme court
were as reliably partisan as ever party
politician could ask
important Cases.
Rarely has the supreme court had
before it as many cases of tremendous
Importance as now await decision.
Upon the decisions in the Standard Oil
and Tobacco trust cases, and in the
corporation tax case, may depend the
whole future of business and industry
in America. These cases were argued
before eight justices, Justice Moody
being ILL., Justice Brewer has since died,
but it is possible that he already had
given his vote, and that it had been
noted" in advance of the final prepa-
ration of the opinions. This was done
in one case in which Justice Peckham
at His vote was given, and was count
and handed down until Justice Peck
HAMS death. In any event the seven
justices now active will decide the
great trust cases. Justice Moody is i'll
and President Taft probably will not
appoint Justice Brewers successor un-
til these great cases have been disposed
of
63 Have Served On Bench.
Sixty three men have served IN the
supreme bench since the establishment
of the government in 1889. They have
come from 23 different states, SO that
exactly one half of the states OF the
Union have been represented, at one
time or arSther on the supreme bench
New York has seven justices to its
credit, taking first place. Massachu-
sets and Ohio with six EACH come
land each have had five; South Caro-
lima, Kentucky and Tennessee each
have had three North Carolina, New
Jersey, Georgia, Alabama, Illinois and
California each have had two; while
Connecticut, New Hampshire, Maine,
Iowa. Mississippi, Kansas, Michigan
and Louisiana have had one each.
The youngest man ever appointed
to the supreme bench wasrthe famous
Justice Joseph Story of Massachu-
sets. 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 in point of service.
He was 60 when commissioned
American Side Shown.
The court holds it's sittings in what
was once the senate chamber in the
capitol at Washington. ii is small
room the greater part of which is re-
served for the members of the bar.
and anyone may enter, provided there
is room for him. The justices wear
black silken robes, use quill pens and
open each session of court with some
little ceremony. But when Justice Har-
Ian borrows a chew of tobacco from
Justice White on the bench, the visi-
tor is given to see that however pow
erful may be the supreme court, its
judges are still Americans and still
democrats.
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
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