The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1912-11-17
THREE JUSTICES
OF SUPREME COURT
At WILSON'S BECK
President-Elect Will Have
Chance to Name Trio
of Associates.

WOODROW Wilson, as President OF the
United States Will not have tho good
fortune to make over tho Suprer,.
Court as President Taft mas been on.
abled TO do. but he may have tho chaucr
to appoint three members to that fri.
bunll who's" tota' membership is nine.
In other words, the new ,dminis,r,.
ton stands 10 appoint n third Of tho
Supreme Court II Mr. Wilson could
do this h" would be enabled to shane
tho court to suit lis own ideas Of gov.
eminent.
II has seldom fallen to the lot OF any
President to wic,d such a power AZ
President Taft has welded in making
Supreme Court appointments. He mas
appointed a majority OF the members
Of the court. aside from making Edward
Douglass White the chief Justice. The
members he has appointed arc Associate
Justices Lurton, HuEhos. Van Dsyantcr.
Lamar, and Pltney. All these appoint
ments, by a ort.IitouS combination Of
circumstances. have had to be made
within less than two years
Three Appointments Due.
So far az can &c forcseen. Nj Wilson
as Pres. dent VIII not be enabled TO re-
make the court as President Tart has
done. However, three OF tho iuprem.
Bench will be eligible for retirement be-
fore the end of the Wilson Adm!nistra-
tration. They are Chief Justice White
and Associate Justices Mckcnna and
Holmes.
A justice OF tho supreme Court Is
eligible to retirement on arriving at the
age of seventy years and after having
served ten years as member of the
court. Associate Justice Oliver Wendell
Holmes who was born in lSil Is al
ready past seventy years, but not until
December Of this year Will h" have
served ton years as member Of the
court.
Justice McKcnna went on the Supreme
Bench in 1888, and so has long stn""
served ten years. He will he seventy
years Of age August 10, 1913. This Is
about I'VE months after the beginning
OF the new Administration.
Chief Justice whit" went on the SUI
prcmc Court in 1894 ana will be seventy
years OF age in 1915, when he will b"
eligible for retirement.
Justice LurtOn will reach the age OF
seventy in 1914. but in view OF the fact
he was appointed as recently as 1910, he
will not be eligible at that time 10 re-
tircmcnt
Holmes in No Hurry
Strictly speaking. Justice Holmes Will
be eligible for retirement before the end
OF the Taft Administration But nobody
expects him to retire in the immediate
future. lie is vigorous and fond OF his
duties, and he Is not going TO be IN
haste TO retire. He Is too much given
to an active existence for that. He
look almost as vigorous. in fact. as
when, in his young soldier days, he was
shot through the breast at Balls Bluff
and followed this up by getting a bullet
through his neck at Antietam, another
through the heel at Fredericksburg. and
then insisted on staying in the service
and winning commission as colonel
II is not to b" expected he Will at once
quit tho bench. stu II may well hap
pen that he Will conclude to do so before
the end of tho Wilson Administration.
Similarly. there is the possibility that
Justice McKenna and chief Justice
White, after reaching the period Of eli
gib!lity for retirement, may conclude To-
step aside.
Beyond Wilson's Reach
It will be 1919 before Justice Day u
eligible FOR retirement. This will he
beg ond the end OF the Wilson Admins
trati,n. A. for Justices Hughes. Van
Dcyau,"r. Lamar, and rltncy, they are
all yC%"s as The word goes and MAY
be exp, ted to stick to the supreme
Bench for Il good many years to come
Altogether, the Supreme Court as IT
H. now made UP, is one OF tho most IN
teresting bodies in the country. II has
seldom been composed OF a more NIg'
orouS personnel. chief Justice White
Is siNty-seVeu years old, out doesnt
look over lifEy-hre He Is about "a
vigorous a specimen Of Chief Justice
as the country has experienced Tor
many Il year.
And the men around him are force
full personalities in the main More
over. the court, in spite OF any Crit-
cism of the judicial system. cannot he
considered a reaCt!onary body. SOM
OF the men or II are distinctly pro
gressivo, and Chief Justice White Is
reckOncd as one OF the progressive
members. For instance, let anyone cx-
anime into the holdings Of the court AS
to the power OF the Federal Govern
munt to regulate the railroads. lie VIII
find little 20 criticisc in this. no ma
Ter how strenuous may be his views on
| the subject OF Government resuIatlo"
of the roads.
No Dark Ages Tribunal.
And other Instances might be pointed
| out to indicate that the court Is no
dark ages tribunal The recent rev1-
| sion of the Supreme Court rules and
| the still more recent revision OF I'M"
rules OF equity practice, with the mod
|
sue OF temporary iniunctions and re-
| strainlng orders. are cases in point;
The President of the United st&,es mas mas
| ,Snn thr tnnklnl, OF appointments 10 the
Supreme Court. strangely enough IN
! the recent Presidential campaign no
| body seemed to civ" attention. or nor
| than passing attention to on" OF lne
| chief features of the TAFT Admins 'ra-
! iion-thc appointment Of ny" out OF h1"'
| Of the supreme Court justices.
1t was prop"r and mom"H ,me So Sun.
jcct for the consideration OF the No.'rs
| and tho mon on the STUMP, IT Wa
practically lost sight Of II viii he
worth while to keen in mind whr.
| Wilson becomes President, vhi"h sort
| of bent " mind he socks for Wheh III,
| has to appoint men to III" judiciary ana
| especially to the supreme court
Girl Married at Ten;
Gets Toys as Presents