Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1910-07-05
THREE MEMBERS
OFF The BENCH
Unprecedented Condition in u.
S. Supreme Court Result
of Fuller's S Death.
MOODY MAY RETIRE SOON
May Not Be Enough Left to Trans
act Observation-Disclosures Expected
to Succeed.

Washington, July 5.-The death of
the chief justice resulted in an al
most unprecedented occurrence as to
vacancies on the bench. Should Ju'
tice Moody accept the terms of spec
| ial legislation enacted by congress
this summer and retire on full pay,
three vacancies in the court will ex-
| ist when court reconvenes next Oc-
tober Governor Hughes is expected
to take the oath of Office in October,
succeeding Justice Brewer. The WY
has been prepared for the retirement
of Justice Moody.
The death of the chief justice calls
for the selection of still another mem
Der. With these three vacancies, the
serious illness and death of another
member of the court would bring
the work of the court absolutely to
a standstill, six justices constituting
a quorum necessary for the transac-
tion of business.
Has Political Significance.
Politically the death of Chief JUS
tice Fuller will have an important
significance. Chief Justice Fuller
was life long democrat. First a
office as a democrat, was a delegate
to several democratic national con-
ventions, and finally was appointed
to the bench as a democrat. All the
precedents call for the appointment
of chief justice of the same polit-
ical party as the president. In fact
only two associate justices of Oppo-
site politics from that of the presi-
dent have been appointed to the
bench-Justice Jackson and Justice
Lurton.
Two names are mentioned with
some frequency as possible success
ors of Chief Justice Fuller. They
are those of Governor Hughes just
nominated as an associate justice,
and Solicitor General Bowers. The
names of several men. already on the
bench were spoken of in this connec-
tion and the suggestion was made
that the president might override
the custom against promising an as
-soefate Justice the chief justiceship.
other Names Suggested.
other names were suggested for
seats on the bench. Among these
were Attorney General Wickersham,
Secretary Dickinson, Judge Sanborn
of st. Paul, Mimi. Judge Van De-
vanter of Cheyenne, Wyo., Judge
Hook of Leavenworth, Kan, Judge
Adams of st. Louis, Mo, Henry NJ.
Hoyt of the state department; Louis
Marshall of Cincinnati, Secretary
Knox and Chief Justice Deemer of
the Iowa supreme court.
Long in Public Service.
To Chief Justice Fuller fell the
honor of third rank for length of
service as presiding justice in the
highest tribunal of the American gov
ernment. For % years he was chief
justice of the supreme court of the
United States but Chief Justice Mar
shall presided over the court for "a
years and Chief Justice Taney for %
years. With the future rests the de-
termination of his rank among the
eight chief justices of history for
ability and accomplishments.
Funeral Tomorrow.
Funeral services will be held to-
morrow and interment in Chicago
will probably be Friday.
Justice Fuller is survived by five
daughters; Mrs. Hugh Wallace of Ia
coma; Mrs. w. H. White, Chicago;
Mrs. T. S. Aiercher of Tarrytown,
n. Y; Mrs. r. F. Mason and Mrs.
Francis of washington