The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1914-01-06
CHANGES
In The Supreme Court May
Occur Soon
One Or Two Older judges
May Resign

vacancy among the members of the
Supreme Court of the United States.
The rumor 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 poor health for some
time, but whether they contemplate
retiring from the bench is matter
concerning which there has been at
least no public intimation.
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 changed between now and March
4, 1917.
1t is pretty general rule among
the members of the court to take ad-
vantage of the law which permits
them to retire with full pay when they
have reached the age of seventy,
though in the case of few members
who have been blest with robust
health they have waived the rule and
have continued to grace the woolsack
for several years after they have
reached the age of earned retirement.
At other times the exigencies of poll
tics have caused them to hold on or
retire, as the case may be, in the
hope that their places may be filled
with men of their own party.
At the present time Associate
Justice Holmes and Associate Justice
McKenna are the only members OF
the court eligible to retirement on ac
count 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 year or more before
President Wilson's term of office ex
.pires.. Associate Justice Day will be
sixty-five years old in April. The
other members of the court have ter
or more years to serve yet before
any of them would be eligible to re
tirement.
At seventy-three, Associate Justice
Holmes is the oldest member of the
court. Though he still does his full
share of the work that falls to the
bench, it is we'll known that hi
health has not been of the best during
the past few years and persons whit
are in his confidence have well fiXet
impression that he is almost ready t,
retire.
Joseph McKenna, the next "ol,
man" of the bench, still has the apr,
step of the man of fifty. His work ol
the bench does not wear on hir
and he is active in many other d
rections. Though he is now eligible t
retirement on full pay there has bee
no intimation that he is thinking c
taking such step.
Edward D. White, the chief justice
was appointed an associate justice
the supreme court in 1894 and becam
chief justice in 1910. He has give
twenty years to the arduous task
weighing every matter coming befor
the court. He is a hale and heart.
we'll preserved man and bears n
sixty-nine years with grace. No run
ors of his prospective retirement hay
been heard. Nevertheless, combin
ton of circumstances might indut
him to quit the bench before Presidel
Wilson's term expires. Though II
the time he is chief justice Mr.. Viii
is compelled by precedent and goo
taste to keep out of politics he is y
a stanch Democrat. Should he b
come convinced that the next admir-
stration might be other than Dem
cratic 1t is within the range OF pro
abilities that he would resign befo
MarCn q, 1911, III OfuOA eho' L ASSANS
Wilson might appoint as his succ'
sor man of his own political faith,
For opposite reasons Associa
Justice Day is likely to hold on un
after the next general election j.
tice Day will not reach the age
seventy until 1919. 1t is natural
suppose that he will remain on
bench until he becomes eligible
retirement with full pay. At the sa
time. never a robust man, his hea
has been far from satisfactory dur
the past few years and an announ
ment of his retirement would ca
no surprise among his friends. He
Republican and in consequence
will likely hold on until the next e
\ ton in the hope that Republi
"a president may have the opportunity
name his successor.