Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-07-16
LITTLE CHANCE 70
REORIAN|ZE COURT
WILSON NOT TO HAVE
OPPORTUNITY WHICH FELL
TO LOT OF TAFT.
SOME JUSTICES DIE,
FEW MOVED TO RESIGN
Two Nearing Retirement Age But Give
No indication Of Letting Go Of Ae'
tive work-Five Appointed by Taft
Young Men as Supreme Justices Are
classed.
Especial Correspondence

washington, July 1o.-ll one "SiS ~
consider the question Of retiring age.
he might safely predict that President
Wilson in the time of this administra-
ton, would be able nearly to make over
the supreme court of the United States.
The death of Justice Lurton Will re-
quire him to fill the vacancy thus LETT.
Two other members of the court have
already reached retiring age. Justices
Holmes and McKenna. Moreover
Chief Justice White will reach the age
Of retirement before the end Of the
Wilson administration.
Justice Holmes was born in 1871 and
is therefore three years past the age
when he can retire if he desires, that
age being 20. Justice McKenna was
born in 1913 and is one year past the
age of retirement. Chief Justice White
will be 20 next year.
Holmes Not Ready to Quit.
Already there has been much talk
about the possible retirement of JUS
tice Holmes. but that official himself
has apparently given 1t no thought
Ee VS. still vigorous mentally and physl-
cally, despite the fact he was shot thru
the breast at Balls Bluff. shot thru
the neck at Antietam and again wound
ed in the heel at Mary's Heights, At
the battle of Fredericksburg. Justice
McKenna and Chief Justice White also
are vigorous. Indeed, the chief justice
and Justice Holmes are often seen
walking down Pennsylvania avenue in
the evening after the court has COM
pleted its work for the day. CHER
Justice White, big. rotund and active.
is the picture of health and looks as II
ne were good for ten years more OF
hard service on the bench at least.
Some Die, Few Resign.
l. is a tradition about the court that
some die hut few resign. Like other
men. justices of the supreme court like
to lead an active life and prefer to die
In the harness rather than to rest. ana
rust out Therefore. although Justices
Holmes. and McKenna are already be-
yond age of their retirement and CHIEF
Justice White will be before the ad-
minis,ratiol ends, it will not do u
calculate on any retirements.
Aside from the three members OF the
court mentioned. the justices all have
many years of service ahead, accord
ing to usual methods of calculation.
Justice Day is So Justice Van Devanter
is 50, Justice Lamar is 81 and Justice
P,tney is So. The youngest member of
the court Is Justice Hughes who was
born in 1862 and Is therefore 50 years
of age Justice Hughes. who Is in most
excellent health, will doubtless one day
be chief justice.
TAFT Appointed Five.
President Taft had an opportunity t.
change the complexion of the court
such as has seldom fallen to chief
executive. He appointed Justices
Lurton. Hughes, Van Devanter Lamar
and Pitney, or five Of the nine mem
bers He also elevated the present
chief Justice 10 the honor he now holds
President Wilson can not expect such
an opportunity. Nevertheless, to be
enabled to appoint two or three mem
bers of the supreme court Is to De
enabled to go a long way toward shap-
ing its tendencies.
Justice Lurton was known as one OF
the conservative members of the bench.
If the president picks progressive
democrat. that act will go far towards
giving the court progressive treno.
The court, on the whole. in recent
wears, has been getting more and more
progressive. 1t Is still a long way
from radicalism. On the other hand.
It is much less conservative than some
OF the lower courts No one who
knows the supreme court would think
of calling it a reactionary body. One
evidence Of it's progressiveness Is seen
In Its decisions on railroad matters.
The court has perceived clearly the
need of government regulation Of the
railroads and has strongly affirmed the
right of congress to impose the power
of regulation in the interstate com :
merce commission.
New Zealand breeks between 23.000.-
600 and 24.oo0.00n sheep. Of which Is
ner cent are annually aynncted