The Washington herald., 1914-01-04
supreme COURT
/ Changes HINTED
One q I've Just;ess May Re-
ire Soon, Aeesrding
to Rumof.
HOLMES IS THE OLDEST
fsGHeai Csai1sansas May Have
Weight b Dstsrniaiis cssrses
4 Several Msabsss.
HOLMES IS THE OLDEST

Once more oticial washington hears q
rumor that there may soon be o vacanc,
among the members Of the Bupfems
Court Of the United States. The rumoi
may be based on fact and Il may moi
be. II 10 known that at least two Of the
older members have been In rather pooi
health for some time, but whether they
contemplate retiring ID 4 matter concern.
ing which there has been at least nc
public intimation.
4. 1t seems likely. however. that Presi.
dent Wilson viii have an opportunity to
NIL one or more vacancies IN the niGness
court before his term expires.
1t ID a pretty general rule amonE. the
members or the court to take advantage
Of the Law which permits them to retire
with full pay when they have reached
the age Of seventy. though a few members,
blest with robust health. have waived the
rule and have continued to grace the
woolsack for several years after they
have reached the age OF earned retire
ment.
Tive Are Eligible.
At present Associate Justice Holmes
and Associate Justice Mckenna are the
only members Of the court eligible to
retirement on account OF age. Justice
McKenna reached the allotted three score
and ten last August. Justice Holmes will
be seventy-three years old next March.
Justice Lurton will attain his SEVENTEEN
year before the end Of 1914. and Chief
Justice white will reach the same ags a
year or more before Prsident Wilson's
term Of office expires. Associate Justice
Day will be sixty-fve In April The other
members Of the court have ten years or
more to serve before any OF them would
be eligible to retirement.
At seventy-three Associate Justice
Holmes Is the oldest member of the court.
Though he still does his full snare OF
the work that falls to the bench, II
10 well known that his health has not
been OF the best during the past few
years, and persons who are in his conf
dence have . well-nxed impression that
he is almost ready to retire.
Joseph McKenna. the next "old man.
OF the bench, still has the spry step of
the man Of fifty. His work on the bench
does not wear on him. and he Is active
In many other directions Though he Is
now eligible to retirement on full pay.
there has been no intimati that he is
thinking Of taking such a step.
Chief Justices Position.
Edward d. White. the Chief Justice.
was appointed an associate justice in
1894 and became Chief Justice in 1910 He
is hale and hearty. weli-preserved man
and bears his sixty-nine years with
grace. No rumors Of his prospective re-
tirement have been heard. Nevertheless
q combination of circumstances might
induce him to quit the bench before
President Wilson's term expires Though
for the time he Is Chief Justice Mr.
White Is compelled by precedent and
good taste to Keep out Of politics. he is
yet stanch Democrat. Should he be-
come convinced that the next administra.
ton might be other than Democratic, II
Ii within the range OF probabilities that
he would resign before March l. 1911, In
order that President Wilson might ap-
point as his successor q man OF his own
political faith.
For opposite reasons Associate Justice
Day is likely to hold on until after the
next general election. Justice Day will
not reach the age Of seventy until 1913
Il is natural to suppose that he will re-
main on the bench urtil he becomes
eligible to retirement with full pay. At
The same time. never a robust man. his
health has been far from satisfactory
Turing the past few years. and an an
of his retirement would
,ause no surprise among his friends He
s a Republican. and In consequence he
viii likely hold on until the next cleo
len, In the hope that a Republican Presi-
lent may have the opportunity to name
lis successor