Omaha daily bee., 1919-03-11
Changes Likely IN the
Supreme Court

Twenty-Five years ago this week Chief Jus
tiee Edward d. White received his appointment
to the supreme court of the United States. On
November 3 next the chief justice will enter
upon his 18th year, which calls TO mind the fact
that three Of the present members OF the high
est tribunal have passed the age of 70 years,
which makes them eligible to retirement while
a fourth member will arrive at the 10th mile
stone few weeks hence. Probably never be-
fore in the whole history Of the court has the
age of the justices averaged SO high.
The oldest of the members is Associate Jus
tice Oliver Wendell Holmes, who is in his 18th
year. Next comes Justice Joseph Mchenna.
who is IS Justice William R. Day will be 20
next month.
There is no power to force the retirement
OF any of these justices, but should they choose
to leave the supreme bench it will 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
will do so at the present time.
1t is apparent, however, that the next adj
ministration will witness the disappearance
from public life of several of these eminent
pubcists. A great power thus will be vested
in the hands Of the next president Before the
next administration comes to an end Chief JUS
tice White will have passed his 80th year.
which renders 1t a practical certainty that
land will have to be selected by the next presi-
dent
The honor and responsibility of naming the
chief justice of this high tribunal is given to
comparatively few presidents. In the nearly
100 years which have passed since the supreme
court held its first session in the Exchange OF
the city Of New York. February 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 Marshall, Roger
Brooke fancy Salmon P. Chase, Morrison R.
Waite, Melville Nv. Fuller and Edward D.
White formed the distinguished list Marshall
served the longest term, 81 years He and
fancy together covered period of 63 eventful
years. The senate refused to confirm the APP
pointment of John Rutledge because his brill
liant mind had shown signs Of decay SO his
connection with the court was short.
Jay, Rutledge and Ellsworth presided dur
ing the administrations of Washington and
Adams. John Marshall was nominated by John
Adams to the Office which he was to honor
just one month before Jefferson Madison, Mon
roe John Quincy Adams and Jackson.
fancy was appointed by Jackson shortly be-
fore Van Burens accession to the presidency,
and presided until Abraham Lincolns time. 1t
was hoped that the presidential aspirations of
Salmon P. Chase would be satisfied by the chief
justiceship, and Senator Sumner, having urged
the immediate confirmation of his appointment,
FASTENED to congratulate him. But both Jus
tice Chase and his brilliant daughter, Mrs. Kate
Sprague, were inclined to view the appointment
as move TO shelve the justice in his plans to
become a candidate for the presidency.
Justice White will complete his tenth year
as the presiding officer of the supreme court
next year. Despite his rs years he is in rugged
health and, as far as the public knows, has no
thought of retiring But in the event of re-
publican success in the next election it would
not be surprising if the chief justice should
step out before March 4, 1921, Though party
politics is supposed to play no part in the affairs
democrat and naturally would be inclined to
give President Wilson an opportunity to ap-
point a democrat as his successor in the chief
iustceship $500