Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-01-04
SUPREME court
COMMISSIONING


washington, DC. JAM 3AOance more
official Washington hears a rumor that
there may soon be q VACANCY among the
members Of the Supreme Court OF, the
United States, The Ium0r may be based
on fact and It may not be. 1t is known
that at least two Of the older members
have been in rather poo health for some
time, but whether they contemplate re.
firing from tn bench IL a matter con-
corning which there has been at least
no public intimation. III ~.
1t seems likely. however. that Presi-
dent Wilson will have an opportunity to
fill one or more vacancies in the highest
court before his term expires. In fact.
the strong probabilities are that the
membership Of the court will be chang.
ed between now and March 4. 1917.
1t Is Q pretty general rule among
the members of the court to take advan-
tage Of the law which permits them to
retire with full pay when they have reach
ed the age Of seventy, though In the
case of q few members who have been
blest with robust health they have waiv-
ed the rule and have continued to grace
the woalsack for several years after
they have reached the age OF earned re-
tirement. At other times the %exigencies
Of politics have cauaed them to hold N
Of. retire. as the case may be-, In the
hope that their places may he filled with
men Of their WI party,
At the present time Associate Justice
Holmes and Associate Justice McKenna
are the only members of the court eli
gible 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 age a year or more before Pres
ident Wilson's term Of office expires. As.
ociate Justice Day will be sixty five
years old / April. The other members
Of the court have ten years or more to
serve yet 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 share Of
the best during the past few years and
persons who are in his confidence have.
a we'll fixed impression that he is al
most 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 retireme t on full pay
there has been no intimation that he
is thinking OF taking such a step.
Edward D. White, the chief justice,
was appointed an associate justice of the
supreme court in 1894 and became chief
justice in 1910. He has given twenty
years to the arduous task Of weighing
every mater coming before, the court.
He is a hale and hearty. well.preserved
and bears his sixty-nine years with
grace. No rumors of his prospective re-
tirement have been heard. Nevertheless.
a combination OF circumsta ces might In:
duce him to quit the bench before Pres
ident 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 a stanch
Should he become convinced
that the hex administration might he
other than Democratic it is within the
range Of probabilities that he would re-
sign before March 4, 1917. in order that
Presldent Wilson might appoint as his
a man Of his own political
faith.
CAA nn~ocSk An~1osnSo III T,,sts>n
Day Is likely to hold on until after the
next general election. Justice Day will
not reach the age of seventy until 1919.
1t is natural to suppose that he will re
main on the bench until he becomes ell
gible to retirement with full pay. At the
time. never a robust man, his
health has been far from. satisfactory
the past few years and an an
nouncement Of his retirement would cause
surprise among his friends. He is a
and in consequence he will
likely hold on until the next election in
the hope that a Republican president
may have .io oppu": 10y II '.al.c his
successor. |
Al preseAi ther. ar, unrNc, ~lh:.ncr3ts
!" the DC ;ch-Chief ",s',.. .tNit& aad |
Justices Lar,on nd !.:iHs,-"rne Is
tices McKenra. Heiu!es, DlI., HUGHES S, !
Van DeVanter ,nd nitn.y AZ. slst,i,ulr
The presump'io , is t,a' IT, filing |
any vacancies that may occur during
his administration President Wilson will
Democrats and that he will prob.
ably look to the South. Since 1861 there |
have been only seven justices appointed
Southern States. They are in the
order named-Harlan OF Kentucky. Wood
Of Georgia. Tanier Of Mississippi. Jack.
son Of Tennessee. White OF Louisiana. !
Of Tennessee and Lamar Of
During the same time twenty |
have been appointed from Nor |