Evening star., 1922-09-10
by G. GOULD LINCOLN.

BY G. GOULD LINCOLN.
r " a country where government by
law. not by the individual ruler,
Is in effect the supreme judicial
Il body naturally assumes a vast
Importance. And so the Supreme
Court of the United States has neces-
sarily played a part in the history
and development of the nation prob
ably second to neither of the other
coordinate branches of the govern
ment. the Supreme Court standing for
the federal judiciary. The selection
of the men who sit on the supreme
bench naturally has a bearing upon
the history and the welfare of the
country under these conditions.
The Supreme Court is a continuing
body 1t never dies. Its members are
appointed for life. Consequently,
there is never an upheaval in the
court, a complete change of personnel.
But now and then there comes
period when. in comparatively short
space, an appreciable percentage or
the personnel of the court is changed.
In the space of year two new MEM
hers of the court have been appointed
by President Harding, and rumor has
it that another vacancy is to be
created soon by the retirement of
Associate Justice Day, who has been
named as referee in the adjustment
of claims growing out of the war with
Germany.
Three members of the court Is 33
per cent of the entire membership.
There are two other members of the
court who, from point of age and
long service, may be expected in the
course of events to leave the bench
before very long. If this should hap
pen within the Harding administra-
tion, then a majority of the court will
have been appointed by President
Harding.
Justice Sutherland In Europe.
The two appointees of President
Harding so far are Chief Justice Taft.
who was named to succeed the late
Chief Justice White, and Associate
Justice Sutherland, former senator
from Utah, whose nomination has
Just been confirmed by the Senate,
although Justice Sutherland has not
returned to this country from Europe.
where he has been attending to the
settlement of claims in Norway
1t has been an unwritten rule, not
always observed but usually so. that
the membership Of the Supreme Court
should represent as far as possible
the different sections of the country,
and also should be divided as equally
as possible between the two principal
political parties. On the bench at
present are seven republicans and two
democrats. the republicans being
Chief Justice and Justice Sutherland.
tices McKenna. Holmes. Day, Van De-
vanter. Pitney and Sutherland. and
the democrats. Associate Justices NC
Reynolds and Brandeis.
The two Harding appointees. the
chief justice and Justice Sutherland.
before their appointments the court
stood five to four politically. 1t is
natural to suppose. therefore, that
when it becomes necessary for Presi-
dent Harding to name another MEM
ber of the bench he will select
democrat, and IL he has to select two
members, two democrats.
Geographically, the west has three
representatives on the bench at pres
ent-Justice McKenna of California.
Justice Van Devanter of wyoming
and Justice Sutherland of Utah. The
middle west is represented by the
Chief Justice and Justice Day. both OF
whom hail from Ohio. New England
and the middle Atlantic states are
represented by Justice Holmes and
Justice Brandeis of Massachusetts,
and Justice Pitney Of New Jersey,
while the south has but one member.
Justice McReynolds of Tennessee.
Recent Nominees Popular.
While the Presidents have taken
into consideration the question OF
political afiliations and geographical
distribution in making their appoint
ments to the Supreme Court, they
have been, and rightly so. far more
anxious to get the best men for the
bench obtainable. The most recent
appointment, that of Justice Suther-
land. has been acclaimed as q most
excellent choice, both in the Senate.
where Justice Sutherland served with
distinction for twelve years, ana
among the members of the American
BAR Association, of which he was at
one time president. The appointment
Of Chief Justice Taft, formerly Presi-
dent of the United States, was very
popular.
The personnel Of the present court
comprises men who have been leaders
at the bar and in public life OF the
country to a remarkable extent. Tho
chief Justice. as has been said, was
formerly Chief Executive, and prior