Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-01-03

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THE PoSTOFFICE BUILDING.
The postmaster-general will shortly
submit 20 congress plans and estimate:
for the improvement of the pOstoffict
department building, prepared by Super.
vislng-Architect Mullett, together with
q recommendation that an appropria-
tion of one million five hundred thou.
sand dollars be made to enlarge the
building. 1t is said that unless some
additions are made it viii be necessary
to erect buildings in that neighborhood
to accommodate all the clerks required
for the transaction Of business.
THE CHIEF JUSTICEsHIP.
From the Washington Chronicle.l -TF
A paragraph is now going the rounds
OF the newspaper press, stating that q
bill has been prepared, and Will be pre-
sented to congress after the recess, abol-
ishing the office of ehief-justiee of the
supreme court of the United States, and
providing that the court shall, at each
term, elect its own presiding officer from
among the associate justices. The pro-
position seems to meet with considera-
BILE favor from leading men in and out of
congress. There is no provisions in the
constitution concerning the Office of
chiefjustice except that clause in sec
ton three of article one, which SAYS:
"When the President of the United
State is tried ION impeachmentJ the
chief-justice shall preside" 1t is a sin
gular fact that the article of the consti-
tuition (article three, section one) which
creates the supreme court does not men,
ton the office of chief-justice at all. It
is in these words:
"The judicial power of the United
States shall be vested in one supreme
court and in such inferior courts as the
congress may, from time to time, ordain
and establish. The judges, both of the
supreme and inferior courts, shall hold
their offices during good behavior
T. Is also curious fact that article two,
section two, providing for the appoint
ment of the members of this court, does
not mention "chief-justice. 1t pro-
vides that the President "shall noIni-
nate, and by and with the advice and
consent of the senate, shall appoint
judges of the supreme
court" This court is named also in
section eight, article one, in
which it is provided that con-
gress shall have power "to con-
stitute tribunals inferior to the su
preme court" We believe it is nowhere
alluded to in the constitution. From
these references it will be seen that there
must be one, and only "one supreme
court" OF the United States: it is to be
composed of 'judges,u how many is not
named, and no difference in grade, rank
or tenure is created by tbe constitution.
These "judges" are to be nominated and
appointed by the President, by and with
the advice and consent of the senate,
and are to hold their offices during good
behavior. SO far as the constitution,
which creates this court, is concerned, ii
could not be known that the trainers
contemplated that one of these Judges
would be known as chief-justice, had
it not been mentioned incidentally ia
the clause above named, providing for
the trial of civil officers by impeach-
ment, where it is provided that when
the President is on trial the chief-iustice
shall preside. And under the laws en-
acted to carry into effect these provi-
sions of the constitution, the "chief-
justice" is hardly regarded as distinct |
office. He is one of the 'tjudgesu of the !
court, has one vote, and only one, in |
deciding causes, being assigned to cir
cult, as each of the associate justices, |
and having no special power beyond |
presiding in the court and the assign |
ment of cases, which is conceded to the
by the courtesy of
.he other judges. 1t is, there
ore clear, that the trainers of
he constitution intended that one Of the |
Judges Of the supreme court should be |
,hief-justice of that court, and that there
s no such office as that of chief.justice
separate from such judgeship. The mode
If designating which one of these judges
hall, from time t. time, occupy the DO
ition of presiding judge in this court
GEMS not to have been provided for in
he constitution. Congress has by law
provided that the President shall ap-
)OinG one of these judges to be chief
ustice. But as this is only a statutory,
md not a constitutional, provision, con-
,ress would be competent to change the
node of making this designation, by
authorizing the judges themselves to
designate which one of their number
hall preside over their deliberations,
1st as the house selects speaker and
he senate president pro tenpore.