The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1921-02-07
WHITE, HOLMES AND M'kENNA,
WILL RETIRE BEFORE LONG,
ACCORDING TO RUMoR.
Chief JUSTICE A DEMOCRAT
He Served In the Confederate Army,
While Holmes Was in the Federal
Forces and Was Wounded Three
Times.
BY EDWARD 3. CLARK.

in Washington, looking into the near
future, see at least three vacancies
on the bench Of the Supreme court Of
the United States, and believe that
President-elect Harding will have
three vacated seats to fill in that al
ways august assembly.
Gossip connects the names of Chief
Justice Edward Douglass White and
of Associate Justice Oliver Wendell
Holmes and Joseph McKenna with
an intention to retire within the next
six months. TheNoldest judge on the
bench is Mr.. Holmes, who was born
in Boston, Mass, March 8, 1841, and
who therefore will reach the age Of
eighty years just four days after
President-elect Harding is inaug-
urated.
Justice McKenna is next in age to
Justice Holmes, having been born Au-
gust 10, 1S43. He was seventy-seven
years old last August.
Chief Justice White was seventy
five years old in November last. The
age at which any Judge voluntarily
may retire from the Supreme bench
is seventy years, provided he has
served ten years on the bench of the
tribunal.
Justice William r. Day reached the
voluntary retiring age year and a
half ago, but he is not generally as
ISOLATED in the minds of politicians
here with the intention of early retire
ment.
OF the three justices who, it is
' possible, may yield to the temptation
to return to private life, two are Re-
publicans and one, Mr. White, Is a
Democrat.
Hughes and Taft Suggested.
Two names most closely associated
with President-elect Harding's inten.
tons in the matter of appointments to
the Supreme bench, provided there are
vacancies, are Charles Evans Hughes
and William Howard Taft. Washing
ton seems to be about equally divided
in opinion as to whether Mr.. Hughes
Is to 60 into the cabinet or on the
bench. As for Mr.. Taft's appointment
to a judicial position. the talk largely
thus far is of the nature Of simple
gossip.
Two members Of the present Su.
preme court of the United States are
veterans of the war between the
states, Chief Justice White having
served In the Confederate army and
Associate Justice Holmes in the Union
army. Judge White was born in Lou
isiana, and there is a story to the ef-
feet that in the capacity Of youthful
prisoner of war at Fort Donelson he
had a casual interview with Gen. U.
s. Grant, commanding the Union
forces that received General Buckner's
surrender.
Holmes Thrice Wounded In War.
Oliver Wendell Holmes is veteran
of the Twentieth Massachusetts, Vol
unteer infantry. His war record
stands out. He is the hero Of his fa-
nous fathers story, 1.-THE Search for
a Captain" Holmes graduated from
Harvard college in the war class OF
1861. He was commissioned in the
Twentieth Massachusetts, and October
Il, 1861, he was shot through the
lungs at the battle of Balls Bluff. He
recovered from this bad wound and
went back into the service, having
been commissioned a captain March
g. 1862.
At the battle of Antietam, Septem-
her II, 1862, he was shot through the
neck. This second serious wound did
not prevent his return to the service.
At Maryes Heights, Fredericksburg,
on May 8, 1853, he was shot through
the leg and again invaded to the rear.
The third wound did not deter
young Holmes from rejoining the serv.
ice. On January 20, 1854, he was ap-
pointed as aid-de-camp to Brig. Gen.
H. G. Wright, and served with him
during the rest of the war, coming out
as colonel.
Joseph McKenna, now aged seventy.
seven years, was born In Philadelphia,
but at an early age went with his
parents to California. He served in
the California legislature, and later in
the congress Of the United States.
President Harrison appointed him as
United States Circuit judge in 1892.
President Mckinley named him as at
torney general of the United States
and little later appointed him as an
associate justice Of the Supreme court.
Chief Justice White will administer
the oath of office to Presidept-elect
Harding on the platform built out
from the east portico of the White
House at noon on March A. The oath
probably will be given on the little
Bible which Is in the possession of the
Supreme court of the United States
and on which a considerable number
of Presidents have laid their right
hands and sworn to uphold the Con.
stitution Of the United States.
1t may be, however, that Warren q.
Harding, as a few other Presidents
have done before, will bring with him
to Washington a family Bible or Tes
lament, upon which. for sentimental
reasons, he may wish to take the oath