The Washington times., 1922-09-10
SUPREME BENCH
NEWCOMERS WEAR
FAMILIAR FACES
Will Shields Succeed
Day--If He Re-
- signs?

THE Supreme Court Justices will
be getting back before long now.
for the court. reconvenes the first
of October-the first Monday. I
believe It Is that they all go in a
body and make their courtesy
call" on the President and tell him
they are once more In session.
And then the next day--well
it's the biggest Supreme Court
"killing" of the year since all
the decisions they've been arriv-
ing at through the summer -(they
aren't idle by long shot. through
what is called their vacation) are
handed down. .>
II will be a different group from
the one that broke up last June.
with Justice Clarke out. certainly,
and former Senator Sutherland
in his place. you can't imagine
two different looking men or diff
ferent thinking men outside of
the fact that they are both men
who know the law from A to 2
and back again, than Clarke, the
radical, and conservative Suther-
land. And possibly Justice Day,
out. too. 1t seems to be pretty
generally accepted that he means
to resign, though I believe he
hasn't done 1t yet. So, Of course.
his successor hasn't been ap-
pointed. And Justice Holmes has
been in hospital a good part of
the summer, and that is bound
to leave its mark on q man of
eighty-odd. even II the operations
were not very drastic ones.
1t seems rather curious that
both Of the Ohio Justices. Day. a
veteran Of twenty years service
on the Supreme Court bench, with
only Justice McKenna and JUS
tice Holmes ranking him in this
respect, and Clark. the latest ad.
dition to the court, always ex-
cepting, Chief Justice Taft. of
course, also Of Ohio. should be
resigning at the same time. and
both planning to devote their
remaining years to work which is
the outgrowth of the world war.
For Justice Day has been ap-
pointed head of a commission to
adjudicate the war claims against
Germany--and is resigning be-
cause he doubts whether he could
do justice to that and the
Supreme Court work mot that
there is any legal or constitutional
bar to his holding both positions)
and Justice Clarke is resigning
because being sixty-fve and a
bachelor, he wishes to devote his
time and talents to pushing the
League Of Nations.
So there will be two new faces
at the door when the court re-
convenes, and the two that are
missing will be from the Presi.
dents own State, sons of Ohio,
born and bred, like himself. JUS
tice Day. by the way, is presi-
dent Of the Ohio Society here, has
been for a long while, and will
be greatly missed should the Ger.
man claims work take him away
from Washington for SO much OF
the time that he will feel II neces.
sary to give that up, too.
JUSTICE DAY is a widower
and his son and daughter.in.
law, Mr.. and Mrs. Rufus Day.
make their home with him, pretty
Mrs. Day presiding over his house
hold when he entertains and fire.
quently accompanying her dis
tinguished father-in.law to official
functions, Justice Day has been
spending the summer at Mackinac,
as is his custom, but another son
and daughter-in-law have been
bearing him company. Mrs. Day,
who usually goes to Michigan, too.
having decided that she wanted to
be somewhere near her husband.
Consequently she took a cottage at
Ventnor. where she and her chill.
dren have been for some time and
where Mr.. Day can spend the week
ends with her.
While>Justice and Mrs. Suther.
land" will come haltingly to our
tongues. the George sutherlands
are no strangers to Washington.
Mr.. Sutherland represented Utah
in the Senate for a long time and
since his retirement has been