The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-03-10
Three Already Eligible for
Retirement, Fourth
Soon Will Be
CHANGES EXPECTED
WITHIN FEW YEARS
Next President Probably Win Have
Power to Radically Recast Noted
Tribunal Nine Chief Justices
in $50 Years of Court History.

in $50 Years of Court History.
WASHINGTON, D. e., March 10.-I
Twenty-Five years ago this. week Chief
Justice Edward ID. White received his
appointment to the supreme court of the
United States On Nov. 3, next, theI
chief justice viii enter upon his 10Th year.
which calls to mind the fact that three
of the present members of the highest
tribunal have passed the age OF 70 years,
which makes them eligible to retirement,
while fourth member viii arrive at the
/ 10th milestone few weeks hence Prob
ably never before in the whole history Of
! the court has the age of the justices ay-
| eraged so high.
The Oldest OF the members is Associate
| Justice Oliver Wendell Holmes, who is
in nis 18th year. Next comes Justice
Joseph Mckenna, who is rs. Justice
William r. Day viii be 20 next month.
There is no power to force the retire
ment of any of these justices, but should
| they choose to leave the supreme bench
/ it viii give the next President OF the
| United States power to radically recast
| the tribunal. Rumors have been current
from time to time that one or more of
| the aged justices intended to retire, but
there is no intimation that any OF them
Twill do SO at the present time.
/ 1t IS apparent, however, that the next
| administration viii witness the disappear
! auce from public life of several of these
eminent pubheists, A great power thus
| will be vested IN the hands OF the next
President Before the next administra-
ton comes TO ain end Chief Justice White
viii have passed his S0th year. which
renders it a practical certainty that. a
new presiding officer Of the highest court
in the land viii have to be selected by
the next President.
The honor and responsibility OF naming
the chief justice of this high tribunal is
gwen to comparatively few Presidents.
In the nearly $50 years which have passed
since the supreme court held its first SEES
sion in the Exchange-ef the city of New
York, Feb. 4, 1890, 81 men have served
as President Of the United States, but
there have been only nine men to serve
as chief justice. John jay, John Rut-
ledge, Oliver Ellsworth, John Marshal,
Roger Brooke fancy, Salmon F. Chase,
Morrison r. Waite, Melville W. Fuller
and Edward d. White formed the dis
tinguished list. Marshall served the long
est term, "a years He and fancy to-
gethcr covered a period OF G3 eyentful
years. The senate refused to confirm the
appointment of John Rutledge because bis
brilliant mind had shown signs OF decay,
so ls connection with the court was
short
Jay, Rutledgc and Ellsworth presided
, during the administrations of Washing
, ION and Adams. John Marshall was nom
mated by John Adams to the office which
he was to honor Just ono month before
jefferson, who was antipathetie to him.
was inaugurated. He presided during the
administration of Jefferson, Madison
: Monroe, John Quincy Adams and Jack
, son.
| fancy was appointed by jackson short
/ " before Van Buren's accession to tho
I Presidency, and presided until Abraham
{ Lincoln's time. 1t was hoped that the
Presidential aspirations of Salmon =
: Chase would he satisfied By the chic
e iusticeship, and Senator Sumner having
: urged the immediate confirmation of hi
a appointment. fastened te congratulate,
}. him But both Justice Chase and hi
y DIlflaHJ udugHtei, hEe. Nate NpIdSIc
e wera inclined to view the appointment
t as move to shelvc the justice in hi
- nians to become a candidate for the Pres
u idency.
d Justice White viii complete his lot
~ year as the presiding officer OF the 81
: premc court next year. Despite his
/ years he is in rugged health and as ia
: ,Eias tho public knows, has no thought G
retiring. But in the event of Republiea
}. success in the next election it would no
q be surprising if the chief Justice -shonl
: step out before March 4, 1921 Thong
party politics is supposed to play no pan
/ in the affairs of the court, Chief .Justic
J White is a lifelong Democrat and natu
ally would be inclined to give Presider
= Wilson an opportunity to appoint a Den
ocrat as his successor in the chief ju
ticeship.