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About Morning daily herald. (Albany, Or.) 1885-19?? | View Entire Issue (Dec. 1, 1889)
3 '1UE MOBEISG iniV3 1 STjISUAY. DEOEMlSEli 1, 1880. ALMOST A CENTURY. That is the Age of the U. S. Supreme Court. HISTORY OP THE TRIBUNAL. Only Tw Ei -Antciate Jastisei Sow LiTin Oaa Eiad Bsoaoi Hi 3 Stats Bccedtd-Tli Tacaacy- Tlie Supreme Court of the United States 19 neanng in lOUtn nnivera eary as the highest judicial power in the country. Although it has been more than a century since it wan established by law it was not fully organized until 17!0. During its century of existence it his passed ujon all phases oi the law, interpreted the constitution of the country, and is the only tribunal before which law-maker and law breaker alike must bow in sub mission. From its findings there is no ap peal. Its decisions are final ami its mandates are enforced even if it is necessary to call upon the military powe,r of the government to enforce them. It is the 6ole arbiter of all legal disputes between the States, and in fact, is the sovereign of sov ereignties. Questions of law of all kinds come before it on appeal from all other Federal courts, and in criminal cases where questions which involve rights claimed under the constitution, laws or treaties of the United States. In civil cases where the validity of a law is at tacked it can be appealed to with out regard to the amount in contro versy in the case. When the stat ute of a State conflicts with an act 1 of Congress the court is made the arbiter of the dispute, and by its action only can the state law be de clared a nullity. When Congress passes a law which is in conflict with the Constitution the Supreme court has the power to declare it j void. But the construction of a law. either State or National, can not be decided except it comes be fore the Court in a case, and it must have regularly passed through the lower courts. Tims it is that this court, whose decisions have come to be looked upon with awe by the majorily of men, and with respect by the legal fraternity, has come to be called the ex -Hinder of the Constitution. It is in one nense, but it goes farther and be sides settling nuestioiis involving law, has also at times decided those where life and liberty were in volved. The Supreme court, at its organ ization in 1790, consisted of a Chief Justice and live A. -ociate Justices The number of Associate Justices was increased to six in 1807, by the appointment of Thomas load For thirty years it remained the same, but in 1837 it was increased to eiirht bv the appointment of John Catron and John Melvinley. During the war, or, to lie more pre cise, in 183:5, President Lincoln raised the number to nine by ap pointing Stephen J. Field, one of its present menbers. lwo years later its number warf decreased to eight by the death of John Catron, and the death of Joseph M. Wayne, in 1SG7, decreased the quota to seven. In 1870 President Grant increased the membership to eight by the appointment of Josoph P. Bradley, who still retains a seat on the wool sack. At the present time the crowd consists of seven Associate Judges and a Chief Justice, the vacancy among the Associate Judgeships having been caused by the recent death of Stanley Matthews. The Associate Judge's of the court are Sanuiel F. Miller, Stephen J. Field, Joseph P. Bradley, John M. Har lan, Horace Cray, Samuel Blatch ford. I., (f. C. lamar, and Chief Justice M. W. Fuller. Of these Miller is the oldest in time of service and he enjoys the proud distinction with Justice Field of being the two old? st jus tices on tho bench, Iloth are bcv-cnty-three years old, and each has been a member of the Supreme court for over a quarter of a cen tury. Justice Miller was appointed in isr.'j, an 1 Justice Field in tho vear following. The tenure of ollice is for life, during good behavior, and a mem ber can only be removed by im-pea.-hnient for high crimes and misdemeanors. As an instance of the old inixini that few die and none resign, it may be said that in addition to the present members of the Supreme court, tlice but two living ex-Associate judges. One of these, John A. Campbell, of Ala bama, was appointed by President Ficnv, in lS-Vi, and at the break ing out of the war he opposed the seees-ion of his state, but went with it, resigning his position on the bench. He h now practicing law in New Orleans. The other, Justice Strong, was retired in 18S0 on full pay, and is spending his de clining days in Washington. Since the organization of the co.irt there have been eight Chief Justices and forty-four Associate Justices. Of this number, nine re signed, live were retired, one failed ofcontirniation by the senate, and the others died in otllce or are now holding the position. Justice Caniplell is seventy-eight years of age, but Judge Strong is three years older. Oi the eight Chief justices which the court has had, two resigned John Jay and OHiver Ellsworth and one ll'it led"e failed of confirmation. Chief Justice Marshall and Justice Stoy had the honor of serving on the bench longer than any of their confreres, eac h serving thirty-four years. The act of April 10, 1S00, permits them to retire with full pay for lite, a-ter reaching the age of Feventy, provided they serve ten consecutive year-. The pay is $10,500 tor the Chief Justice, an.l ?iu,ww ior mi; Associate Justices. Prior to 1K70 the docket of the -Su-pr-me coiut was not very volumin-; .u rml it was generally un easy liia'ter for tv court to keep pace with the cases, and usually dispose of them within a short time after ! they were submitted. But a change has come over the court. Shake eare, when ho wrote of the law's delays, must have had in mind the litigous people of America in this year of our Lord, 1889. For surely if ever a litigant deserves sympa thy it will be when he appeals, a case to the Supreme court, with the expectation of having it de cided at an early date. At the present time there are 1 ,484 cases on the docket, and new ones are being added constantly daily, while there is but one day in the week on which decisions are rendered, J Monday. Ihe court is able to disjnjse ot about 425 cases per year on an av erage, so, provided there is no de lay in the pending cases, the man who has his case docketed to-morrow may reasonably hojH to have it reached between three and a half and four years. Only one term is held annually, beginning on the second Monday in October, and lasting until about May. By February the judges are usually behind in their opinions on the cases which have been submit ted, and that month is taken as a recess in which to write up opin ions. The mode of proceedings is simi lar to that in every court of any im Iortance. When the case is ap Iealed the record is made up and sent to the clerk's ollice. Usually the record is printed, and the argu ments also printed. The record is docketed and numbered, and then put away until it is placed on the calendar to be reached within a few days. When reached the ar guments are made ami the case submitted. The Justices consult about it, reach a decision, and one of their number is assigned to write up the opinion, which is read usu ally the following Monday. AKD THE I'NIIAI'FY SII.TAX. A Skeleton in tha Closet of Tur key' llnler. If things were done in Turkey is elsewhere the decease of the Sul t'ufs mad half-brother, Murad V. would have been notified to the diplomatic bodj and thu Turkish court would have gone into mourn ing, says a correspondent of the Glasgow Herald. But it '.s for bidden to speak openly cf the Sultan's female relatives or of (he Sultan's heir. The man who will succeed Abdul Hainid is a wretch ed, lean, pale-faced creature of 45 year?, named Mohammed llechad. lie is the Sultan's on brotjc , and is kept a close prisoner in the iviluce grounds, lest be should con spire fur his Majesty's downfall. He Las certainly no such iutcj tien, hut iisne requires that a Saltan's heir upnareut should be t tea ted as a suspected criminal, ind Abdul Humid is much too nervous a creature to innnv.te in thi particular. He has a horrible (ear lest his brother. Murad V who became crazy from having on-n raised to the ihroae too sud denly, should recorer his reason; bat of this theie is no chance, and n that Munid's mother is dead who will there be to prevent the Ihi lunuc'c from being hurried to Irs end by a -pinch or something" ia hi coffee? Murad's mother, the Sultana Nadine, buperiotei ded hii iieu-pheld uud never ieit h'ai. It would have been impossible to inoh'M him while siin wu- alive, but it would only b ton much in keeping with Turkish traditions if the unhappy madman were not NOR ruietlv removed in ht order that bleep more -Vhdul Hamid mi: soundly . AUTHORS' Fl'IX NAMES. I itrrary Leaves. Bayard Tayloi'j tint uamu was James. Frank Stockton is really Francis Richard Stockton. Wilkie Collins' full name was William Wilkie Collins. Dutfield Osborne is in reality Samuel Duffield Osborne. Howard Seclev's full nanio is Edward Howard Seeley, jr. Joaquin Miller is a corruption of Cmcinnatus Heiner Miller. Lsurrncc Hutton is a contraction of James Laurence Hutton. Henry R. Haggard sounds strange to thousauds of ears who know Rider Haggard. Edmund Wilr'am Gosseis to day known only to the world by his first and last names. ar's Some Carlou Things. Something curious happened in Kent's meat market recently, which seems uaexplaiDable, The butcher while cutting a hog in two, had his knife strike some hard sub stance, and, on examination, lound that the knife had struek a ten cent piece, which wa3 firmly im bedded in the backbone. How the coin got into such a place is some what0 of a conundrum. Walla Walla Union. Pshaw; that's not hard. The hog swallowed the dime when he was a little, wee, wee pig- Talking of swallowing things, they tell in Yaquina, of a Wisconsin lady, now there, Wiio yea s ago, when quite a little girl, swallowed a needle; that wj3 as much a9 fifteen years ago, and last week the same identical needle worKed out of the light arm of her jonngest child, a healthy boy baby lour months old. Now that'9 lots stranger than the pig nd tbe ten ceut piece. Astorian Nov. 23. g3 Dr. John 15. Pilklngton, Surgeon, oculist and medical specialist, will be at the Revere House, Albany, all day Tuesday, December 3, 1S8J. Eye, ear, catarrh, rheumatic, neuralgic, rec tal and chronic .sufferers of either class will be given tree consulta tion. T.'.o hundred references given. 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