The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-01-04

o
official Washington hears a rumor that
there may soon be vacancy among
the members OF the Supreme court
OF the United States. The rumor NAV
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 a matter concern
Ing which there has been at least no
public intimation.
1t seems likely. however. that
President Wilson will have an oppor-
tunity to fill one or more vacancies
in the highest court befor. his term
expires. In fact, the strong prob
abilities are that the membership of
the court will be changed between
now and March Z. 1917.
Privilege Of Retiring.
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 ray 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 tho rule and
have continued to grace the woolsack
for several years after they have
reached the age Of earned retire.
mont. At other times the exigencies
OF politics have caused than. to hold
on or retire. as the case may be, In
the hope that their places may be
niled with men OF their own party.
At the present time Assoc tate JUS
tice Holmes and Associate Justice
McKenna are the only members of
the court eligible to retirement on ac-
count Of age. Justice McKenpa reach
ed the allotted three score and ten
last August Justice Holmes will be
seventy-three years old next March.
Justice Lurton will attain his seven
tieth year before the end OF 1914, and
Chief Justice White will reach tho
same age q year or more before Presi-
dent Wilson's term of office expires
Associate Justice Day will be sixty
five years old in April The other
members OF the court have ten years
or moro 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 work that falls to the
bench, it In well known that his health
has not been OF the best during the
last few years and persons who are
IN his confidence have q we'll flxed
IMPRESSION that he Is almost ready to
retire.
McKenna II "old MAN,
Joseph MoKenna 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,
ana he Is active in maEy other direc-
lions. Though he Is now eligible to
retirement on full pay there has been
no intimation that he liz 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 tustics III 1910. lie has
given twenty years to the arduous
task OF weighing every matter com.
ing before the court. Ha is a hale
and hearty. well preserved man and
bears his sixty-nine years with grace.
No rumors of his prospective retire
ment have been heard. Nevertheless,
combination Of circumstances might
induce him to quit the bench before
President Wilson's term expires.
Though for the time he Is chief JUS
tice Mr.. White IL. compelled by prece-
dent and good taste to keep out on
politics, he Is yet a stanch Demo-
GRAFT Should he become convinced
that the next administration might
be other than Democratic 1t Is with
in the range of probabilities that he
would resign before March 4, 1917,
In order that President Wilson might
appoint as his successor q man OF his
own political faith.
Likely TO Hold On.
For opposite reasons Associate Jus.
tice Day. who will not reach the age
OF seventy until 1919, Is likely to hold
on until after the next general cleo
ton. 1t IL natural to suppose that he
will remain on the bench until he be.
comes eligible to retirement with full
pay. At the same time. never robust
man. his health has been far from
satisfactory during the last few
years, and an announcement Of his
retirement would cause nc surprise
among his friends. He Ia . Repub--
lican and In consequence he will have
tho opportunity to name his success
sor.
At present there are three Demo.
Gratis on the bench---Chief Justice
White and Justices Lurton ard Lamar
while Justices McKenna, Holmes
Day, Hughes, Van Devanter and Pit
ney are Republicans. The presump-
ton is that In filing any vacancies
that may occur during his admins
tratton President Wilson will select
Democrats and that he will probably
look TO the South. Since 1851 there
have been only seven Justices appoint.
ed from Southern States. They are in