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THE ARGUS, TUESDAY; NOTEMBER 2, 1909.
Supreme Court, to Whose Do
cision All Must Bow, Body
of Able and Vensra
1 ; " ' ble Jurists.
bw JAMES A. EDGER.TON.
f l HE death of Justice Itufus W.
ill Peckbam of the United States
4 fl - supreme court and the pro
longed Illness of Justice Wil
liam H. Moody Indicate that President
laft will huve to appoint at least one
member of that tribunal and may have
to appoint more even if he cannot en
Joy. Ms llfeloug ambition of being a
supreme Justice himself. It may even
be that before his term ends he may
name a majority of the court, since
Chief Justice Fuller and Justices Har
Man and Brewer have already passed
the age limit and Justice Holmes will
io bo In 1911. The law provides that
at the age of seventy a supreniecourt
Justice may retire on full pay provid
ed he has served ten years. Fuller
and Harlan are each seventy-six, the
chief justice having been In office
twenty-one years and the senior asso
ciate Justice thirty-two years. As for
Brewer, he Is seventy-two and has
been on the supreme bench twenty
years! , Thus all three are eligible for
retirement. Holmes will not be sev
enty until March 8, 1911. and will not
nave served ten years until Dec. 8,
1912, but as both these dates come
within President Taf t's term there will
be tour possible retirements, which,
with the successor of Justice Peckbam,
constitutes a majority of the court
This Is on the theory that Justice
Moody recovers and that there Ls no
death in th court before March 4.
1818. At that time Fuller and Har
lan will be In tne neighborhood of
eighty. Brewer sevenry-six, uwmra
CHIEF JUSTICE MELVIIXE W. FULLER.
seventy-two, McKenca nearly seventy.
White sixty-eight. Day sixty -four and
Moody sixty. Of course the mere fact
that four of the Justices will be eligi
ble to retire on full pay is no Indica
tion that they will do so. Indeed, the
probability Is that they will not. Tho
only reason that supreme justices
usually retire Is 111 health. Of the sixty-two
that have bee" members of the
court since its Inception only seven
teen bar retired and thirty-five have
died In ofBoe. Many of these were
over seventy when they left the bench.
Chief Justice Taney was eighty-seven.
Justice Gabriel Duval was eighty-four,
John Marshall eighty and Justice Sam
uel Nelson eighty. The old saw about
officeholders that few die and none re
sign Is not absolutely true of the su
preme court Justices, but nearly so.
They are not the kind of men who are
willing ,to draw a salary without work
ing for It, nor are they the sort that
willingly relinquish power until death,
disease or feebleness break their hold.
Power of Our Highest Court.
And they have power of an actual,
substantial kind. They can nullify
the acts of congress and hold a rein
on the president himself. They can
veto the statutes of any state or the
ordinances of any city. They can reg
ulate the findings of courts and pass
upon their findings, from the federal
circuit to the justice of the peace. No
official U,, Independent of them, and
no individual ls beyond their reach.
True, this almost appalling power is
'not arbitrary. It la bounded by the
constitution, by law aid by precedent
But within these limits there is still a
wide scope of choice. No king or em
peror has arbitrary power, but is
hedged about in a thousand ways.
It has been said that the United
States supreme court is the most pow-
- erful body on earth. That probably Is
not true, as the British house of com
mons perhaps surpasses it. The com
mons Is a body of over COO member
however: our supreme court of nine.
If You Need Money and a Friend
See the Fidelity Loan Co. SKI
OF OUR AFFAI RS
President Taft May Have to
Fill Several Vacancies on
Highest Bench Befcre
- His Term Ends.
Moreover, the commons hus no direct
power over the individual outside its
own membership; the supremo court
has all power over the individual that
ls brought before It, subject, of course,
to the law or to Us interpretation ot
A Definition of the Court.
Horace Blimey ouce defined our
court of final appeal In this way:
"The supreme court of tho United
States is the august representative of
the wisdom and Justice and conscience
of this whole people in the exposition
of their constitution and laws. It ls
the peaceful and venerable arbitrator
between citizens in all questions touch
ing the extent and sway of constitu
tional power. It la the great moral
substitute for force la controversies
between the people, the state and the
It la an Inspiring rejection that 80,
000.000 people Instead of resorting to
war and contention leave their dis
puted questions to the arbitration of
nine learned, gentle and dignified eld
gentlemen whose finding commands
the almost Instant acquiescence of the
How true it ls that this ia a govern
ment of law and not of meal Tho su
preme court la the symbol of the law.
It interprets the regulations that so
ciety makes and applies them to the
individual members of society. It fci
the Impersonal voice of Justice. Eirul
ty, right, truth, wisdom, are the lights
that guide Its steps. Removed as far
as may be from passions, factions,
- ': Zi.-rT'! H
commerce and personal desires, assail
ed not by ambitions or fears, clamors
or temptations, it is in an ideal posi
tion to stand for the supremacy of the
law and to uphold the public good as
against private interest, 'he Ameri
can people look at it in this light, and
as nearly as they have made a fetich
of anything they make it of their su
preme court. The president they cheer
or abuse, call him by his first name or
by a shorter and uglier one. Congress
they vituperate and on occasion blas
pheme. But the supreme court is set
apart in 'their miuds. Some of them
may disagree with one or another of
its decisions, but the disagreement ia
accompanied by no disrespect. Peo
ple do not think of applauding or abus
ing it, of taking liberties with the
names of its members, of cartooning
it, of making It tho butt of jokes or
ridicule. Though the salaries of its
members are comparatively small and
though its work is exacting, the most
eminent men are' willing to give up
leisure, comfort and princely incomes
to be honored in its service. No won
der that Judge Taft turned from' his
dream of.it with a sigh, even though
he turned to the power and distinction
of what is perhaps the most conspicu
ous position now on earth.
Only Eignt Chief .Justices.
Since lt3 Inception under President
Washington the supreme court of the,
United States has had eight chief jus
tices and fifty-four associate justices.
Perhaps technically there have only
oeen seven cmer justices, as jodu j-.ut-
ledge was not confirmed by the senate.
although he sat lor a snort ume ue-
fore congress convened. , The other
chief justices were John Jay, Oliver
Ellsworth, John Marshall, Roger B.
Taney. Salmon P. Chase, Morrison R.
Waite and, Melville W. Fuller. The
most distinguished of the list and the
one with the longest term of Eervlce
was John Marshall, who was in office
thirty-four years. Two associatfl jus
tices, Joseph Story and Stephen J.
Field, had an equal length of service.
It is a point worthy of note that most
of the members of the court were not
greatly distinguished In other fields.
They were not politicians, though
some of them had been senators and
cabinet officers. For the most part
they have been lawyers pure and sim
ple, men chosen for learning and char
actor. The last two chief justices,
Waite and Fuller, had scarcely held
any position prior to their appoint
metit. Of many of the associate jus
tlcea the same is true. Or a looks
among thorn almost in vain for names
highly distinguished outside of Jaw
toports. Bushrod Washington of Vir
ginia, Who served thirty-oue years, we
recognise because he-was a Washing
ton. John McLean of Ohio and Philip
P. Barbour of Virginia stir soma faint
recvlloctlon of connection with the
government or politics or something.
Anyway, we havo hoard of them. Da
vid Davis re know from his connec
tlon with Lincoln and Lucius Q. O. La
mar and some others from their scrv
Ice in tho cabinet or In congress. Some
like Joseph Story, we recognize as emi
nent law writers, but with most of
them their solo title to fume and they
could scarcely have a higher ls that
they were members of tho united
States truprome court.
Couit'a Impressive Opening.
Mott writers in describing this body
call It an "august tribunal." It has
been quite a task to keep from ringing
in that hackneyed and bromldic
phrase. Well, the supreme court ls
august. All that ls needed to realize
the fact is to attend one of Its ses
sions. A few minutes before noon
silken ropes are stretched from the
robing room to the chamber, and be
tween these ropos the Justices advance
in solum n procession. Chief Justice
Fuller is the smallest one of the nam
ber and Harlan, walking immediately
behind Fuller, the largest. Then come
Brewer of Kansas, who ls the orator
of the court; White, who was once
Democratic senator from Louisiana;
McKenna, who was McKlnley's attor
ney general; Holmes, who was named
for his poet father, Oliver Wendelt
Holmes: Day, who was for a short
time secretary of state under McKin
ley, and Moody, who was secretary of
tho navy and attorney general In the
cabinet of Theodore Roosevelt. Be
fore his death Justice Peckham walked
between White and McKenna. Most
of the Justices are smooth of face, al
though Fuller and Holmes have mus
taches and McKenna a closely cropped
beard. Despite his shortness of stat
ure, the chief Justice is an Impressive
figure, with his literal mane of snow
white hair and fine and scholarly face.
He was born In Maine In 1SS3 and was
educated in Bowdoln land Harvard
For a time he was editor of a Demo
cratic paper and was president of the
Augusta council and city solicitor. He
then went to Chicago and became one
of the city's leading lawyers. He serv
ed for a short time In the legislature
and was several times a delegate to
Democratic national conventions. Mr,
Fuller has been chief Justice since
John Marshall Harlan was born in
Kentucky in tho same year as the
chief justice. He was educated in the
colleges of his own ste-fo, was a Union
colonel in the war, was a canaiaate lor
congress and governor, delegate to Re
publican national conventions, member
of the Louisiana commission and be
came a Justice of the supreme court
in 1877. Despite his age. Justice Har
lan Is an enthusiastic golf player.
David Josiah Brewer was born in
Asia Minor, where his father was a
missionary. He 13 a nephew of the
famous Field brothers. David Dudley,
Cyrus W. and Stephen J. Field, who
was himself a supreme Justice. He Is
a Yale graduate and began the prac
tice of law In Kansas, where he was a
Judge, going from the district to the
state supreme court. He was pro
moted to the federal supreme bench In
Confederate Veteran cn Bench.
Edward Douglass White was born in
Louisiana in 1845, served in the Con
federate army, was justice of the state
supreme court aud United States sen
ator, taking bis seat on the United
States supreme bench in 1804.
Joseph McKenna was born in Phila
delphia in 1S13, but went to California
when a boy; served In the legislature,
in several congresses and as United
States circuit judge"; was made attor
ney general in ISO" and tho same year
was promoted to his present position.
Oliver Wendell Holmes was a cap
tain In the Union army and was three
times wounded. He has written vari
ous law books and served on the su
preme bench of Massachusetts before
being appointed to the United States
supreme bench in 1902.
William It. Day was born in Ohio In
1S49, was common pleas judge, secre
tary of state, chairman of the Spanish
treaty commission. United States cir
cuit judge and was made supreme
court justice in 1903.
William Henry Moody Is the young
est member of the court, having been
born in Massachusetts in 1853. He
was a member of congress for several
terms before entering the cabinet and
took his place on the supreme bench,
Licensed to Wed.
Frank Allen Cordo va
Miss Elizabeth Hetz .Cordova
Roy F Harrls Molina
M,M NelUe Kougk, .Molina
M. Arthur Cook Molina
Miss Llllie E. Walther Zuma
James Nefi ....Princeton
Miss Viola Urich..i Princeton
Emanuel Erlsblne." Illinois City
Miss Anna J. Neely.. ... .Illinois City
Solomon W. McCarger..... Davenport
Miss Harriet Winston Davenport
George W. Abramson Molina
Miss Cynthia Viola Trone. ...'.Moline
Gust Edman.... ..l.Mollne
Mrs. Selma F. Larson .'...Molino
Fred N. Bennington Silvis
Mrs. Nellie Mikesell Iowa City
Plies Cured in 6 to 14 Days.
Fazo Ointment is guaranteed to cure
any case of itching, blind, blooding or
protruding piles in 6 to 14 days, or
money refunded. 50 cents. . - .
President O. J Larkin of Li
brary Board Asnotmees
MEETING HELD LAST NIGHT
Directors Authorise Purchase of 79
9fnv Volume Audit Bills
and Hear Report.
The public library board held Us
monthly meeting last evening at the
library building and the regular rou
tine business was attended to. In ad
dition to this. President O. J. Larkin
announced the list of standing com
mittees for tho year. They are & foW
Books J. W. Welch, C. W. Foss, C
Building Louis Kohn, A. J. DoSe
land, J. M. Cozad.
Finance C. P. Comegys, Louis
ICohn, Charles Fleblg.
Periodicals Charles Fleblg, J, L
Cozad, C. P. Comegys.
Rules C. L. Walker, A. J, DeSo
land. C. W. Foes.
The board considered a list of 75
new volumes which was presented by
the committee on books, and decided
to purchase them according to the
recommendation of the committee.
The new books are miscellaneous in
character, covering fiction, reference,
science and other lines. The bills for
the past month and the report of the
librarian were received.
Bill for October.
Rock Island. Sand & Gravel
company .$ 4S.66
Waldorf Bindery company 155.10
T. W. Renoe 1.00
People's Power company.... S0.65
Expenses ..... ..... 6.35
Salaries ....... ............... 229.00
General works .............
Grand total 6,272
Received from fines $20.08
Received from membership" fee.. 2.00
VET M OLDER, IS GONE
Had Been in Service Many Years and
Seen Much of the
John McBride, who enjoyed the dis
tinction of being the oldest molder in
the United States, in length of service
In the trade, and who was widely
known as "General" McBride, expired
Saturday in Kewanee. His exact age
is not known, but it Is intimated he
was past 90 years. He was a member
of the molders' union of Kewanee and
had worked at the Tube company
plant for 35 years.
No one city or section had claimed
Mr. McBride for many years previous
to settling in Kewanee. In the early
days the molding trade had Its dull
and rush seasons. As . a result of
these conditions Mr. Mr.Rridn ho
traveled widely over the country He
had worked in Albany, N. Y.; Mont
real, Canada; Paterson, N. J.: Phila
delphia; Brooklyn; Troy, N. Y.; Mon-
Ucollo, Mich.; HaAnibal and St Jo
seph, Mo.; Chicago, Qulncy. St. Louis;
Elm wood. 111.; Galesburg, Rock Island,
Moline, Davenport, Joliet. Milwaukee,
Kenosha, and many other places. In
his best days as a stove molder he
If people would only use or
dinary precautions, the toll of
disease and death directly
traceable to neglected colds
would not be nearly so heavy.
Learn to breathe properly
don't expose the person need
lessly to sudden changes of
temperature, dampness and
draughts. Get busy with the
first sneeze and check a cold be
fore it reaches the lungs. A
simple remedy, and one that ls
highly recommended, 13 made
by mixing two ounces of glycer
ine, a half ounce of Virgin Oil
of Pine compound pure and
eight ounces of pure whiskey
. You can buy these in any good
drug store and easily mix them
in a large bottle. It is claimed
by the Leach Chemical Co., of
Cincinnati, who prepare the
genuine Virgin OH of Pine com-
, pound pure, that a teaspoonful
of this mixture four times a
day, will break up a cold in
, 24 hours, and cure any cough
that ls curable. "
Peoples Power Co
i " . "1 J., -t ... jr.. jl . . in...... j ... . tJ
earned as much as $125 and $150 a
mouth. He "was popularly known as
The pleasant purgative effect exper
ienced by all who . use Chamberlain's
btomach and Liver Tablets, and the
healthy condition of the body and rain 4
which they create, makes one fell Joy
ful. Sold by all druggists.
by men who S
used and re
by women who
experts test it
Expert bakers make bread and
pastry of It daily at the mills.
Thousands of women . use It
every baking; day In the year.
All report it the best in the
Yon need bet one more proof. Visit
In your own kitchen et our rl.fe. A
few cent higher hi price enable, tne
miller to make the quality hichrat
gTade ia the workL
It costs yoa nothing: If it does not
nit yoa better (or every iUmr purpoia
than any otiier floor you ever uied.
Year .1 ucer i. Mthorbod to refund.
witbaut irfUOMaL the full purthm
price of .07 packase of Oscidaat Kioar
t tind Mtnrectanr.
Call him np aad order a trial sack
For Sale by
AH Tri-city Grocers.
The Wonderful Waters
Come to Colfax. Let these
grreat waters cure you.
The curative effects of these
great mineral waters are re
markable in the extreme. The
old M. C. and Murlc Spring
waters have an immediate ca
thartic and diuretic action and
are conceded to be equal if
not superior to the great for
Colfax Water Cures Rheuma
tism. These wonderful waters are
possessed of a remarkable me
dicinal value and are a won
derful cure for all forms of
Rheumatism, Obesity, Consti
pation, and Kidney and 11 lad
New Hotel Colfax
has been built at these world
famous springs. The accom
modations are unsurpassed. A
great feature of the hotel is
its magrniflrant baths. Besides
the Mineral Water Cure in all
its forms there are the Eleo
trlc. the Turkifih and the Nau
helm System Baths.
Rates 1 American Plan, $3 per
Day and Up.
- Colfax is on the main line of
the Rock Isand. line, 23 miles
east of Des Moines. Hourly in
terurban service between Des
Moines and Colfax. Take elec
tric car direct from depot to
hotel. , j
Write for illustrated booklet
HARRY W. SOMMcRS, Mgr.
. Hotel CeUax. Colfax. Iowa.
i HOUR h -A j f Jfvt;!
; i guaranteed' rTi A I V ' VK 2
! by men who TSSvJJ ! YE?-"!. ii
I Pstry of It daily at the mills. j I
" 117 years ago to be exact In the year 1792, month
of September, a man living In Cornwall, England, Invited
a few friends In to spend an evening
This man, Mr. William Murdock, promised his friends
an evening of light diversions
His friends knowing that an Invitation from this groat
scientist meant not only an enjoyable few hours, but one
that they would not soon forget, they ail accepted.
During the evening, white everyone was In good spirits
Mr. Murdock brought In a sheep's bladder.
It was apparently filled with air. A righted candio was
placed on the table and then the bladder was punctured
with a sharp Instrument and the candle held to the open
The World's FIRST GAS LIGHT FIXTURE.
'ilr. Murdock had discovered Illuminating gas. - '
That ail happened 117 years ago, and yet In this day
and age there are houses that are not piped for GAS.
We will pipe your house 3 rooms cost $9.
' ' ' " ' - F
"The Ambitious Man.M Wo. 7.
about It, If you need money. Glad to talk It over with you "in our
private office, whether you borrow or not. A square deal, the low
est rates and entire privacy. Amounts from 10 upwards. No loan,
. no charge, but If we make you a loan we furnish a written cod
tract. showing all that has been agreed upon. Anything fairer?
FIDELITY LOAN CO.,
Pbone Wert 514.
New Pbone 6011.
We Are Headqurters for
Pyrography and Pierced Brass
The popularity of pyroi-npby continues unabated, the great va
riety of new and useful articles, artistically stamped on wood,
coupled with carving. Jeweling and fensillng tends to make the
work doubly fascinating. Good "burning ouUlls" as low as 9 S cents.
Gas pencils only 25 cents.
. The Art Gf Brass Piercing
Crafting on metal is the latent fad and promises to be fully as
popular as pyrogranhy. All soits of nseful articles come ready
stamped for the woik.
Why not Btart your interest row snd be ready to make beautiful
sifts for Christmas.
An experienced Instructor has been secured to give le.isons In
both arts and will be at our store all day Saturday until further
A. W. Crampton, JRocll Island .'
" 1719 Second Avenue
Once there was a Man who was
very Ambitious. "I will Aim
High," said he. "and then I will
surely Arrive Somewhere." Thus
when it came to paying his bills
promptly, he often borrowed the
money and made Good rather
than have any one mistrust him.
Ilia word wa vaid to be as Good
as a bond and his Fellow Citizens
were plad u to a';ed his friends.
MORAL: NotUng succeeds
llkt. ruckus. Tor yours we have
been turning money to honest
jet pie on a modern system that"
makes the money easy to get and
easy to ret ay. Let us tell voa
Boom 403 Heat Building.
HOCK ISLAND, ILL.