New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-07
THE CHIEF JUSITCBSHlP.
MR. FuLLERs QUALIFICATION UNKNOWN.
A MEAGRE RECORD coMPAkxp WITH THOSE OF HIS
PREDECESSORS.


A MEAGRE RECORD COMPARED WITH THOSE OF HIS
PREDECESSORS.
TO fhs Edffor or The Tribune.
STR: Tho President has nominated Melville W.
Fuller for Chief Justice of the United States THIS
gentleman represented by the press of Chicago 70
be good lawyer and pure man. That Is all tha' "
said Of him. His nomination was q great surprise
In washington. He has never filed any judicial posi-
tion. He has never argued . case that exciteo
National interest He has never argued any great
constitutional question. His namo Is not identineo
with any great public measure. All we know OF him
IS tho newspaper statement that he Is COED lawyer
aud man Of unblemished character. But Is that
all that is required of the presiding Justice OF the
highest judicial tribunal Of the United States, and per-
haus Of the worldi Arc those qualifications sum
Client to place him over Judges Of long experience and
eminent abilities, two OF whom have occupied seats
that bench over quarter Of q century, ono for
period OF eighteen years, for eleven years,
and Others except the last appontce six years
And nearly all Of these gentlemen had long judicial
training and experience prior to their appointment on
the bench OF the United States Supreme Court, and
were known to DO less conversant and identi-
fed with the great questions in which the whole coun-
try was Interested Why should new and untricd
man be placed over themf Was It an inspiration OF
the Civil Service Reform of the day that prompted
so extraordinary and unprecedented an act Had tho
nOHunatiOu Dccu VI u brHechau line Jays UT
fancy, or Chase, the whole country would have
said that It was q proper one, and would have ap-
plaudcd It
Consider for moment who they wcre who filed
the position OF Chief Justice OF that high tribunal
They nearly all distinguished In public life before
they went the bench. Jay the first Chief Justice,
had been Governor of Now-York and also Its CHEZ
Justice President Of the Continental Congress, Min
to SPAIN and Secretary for Foreign Affairs under
,ho Chief Justice,
had been President of the Colony Of South Carolina
before the War Of Independence, Governor OF that
State and its Representative in the Continental Con-
grcss Ellsworth, the third Chicf Justice, bad been
a Judge Of tho Superior Court OF Connecticut and a
Senator in Congress from that State. Marshall, tho
fourth Chief Justice, had been a member OF the IA
ecutive Council of Virginia, member OF The Legs
ature Of that State, also member Of the Convention
called by It to ratify the Constitution Of the United
States Minister to France, member of Congress and
Secretary of State OF the United STATES fancy, tho
fifth Chief Justice, had been Attorney General St ano
he sixth Chief Justice had been twice Governor Of
Ohio, United States Senator from that stato ana oco-
rotary OF the Treasury. ,,, ~.
fore hor elevation the bench OF the United states
Court and remarkable r their hr
Of Mr. Fuller as Chief Justice became known, there
was general inquiry Of Who Is he1 Even me1 ~
that subject. o ,..-,
The Judges of the Supreme Court, also, were very
much astonishcd at the appointment ~ is sohgraiiii
known here that thcy had been invited by inc po,n
dent TO call on him the subject OF tho appoint
ment and that they had concurred In
ono OF their own number to be appointed 10 the Vaca
posItion II might naturally be supposed that suon
a recommendation from such source woun re TN
due consideration But the President dld hot o .th
proper to pay any attention to It. although the sgn
man thus honored by his associates IS not anenapS
70 any objection from political point of view ana
is avortc with the Bar and the people, DC ara
Undoubtedly essential qualifications Tor inc on,o
Justiceship but they are not The only ones tho Great
guostions Of our social and political lie ana H. o. nrp
nes and Of Justly discriminating In the ever
Controversies and conflicts that arise are sso csed
tal factors In the equipment OF man wno - Wbo
mon TO discharge the duties OF such an o,eV sca
can say whether Mr. Fuller possesses ,nesp 81 tbe
ions IN degree equal to or superior 10 hose ~ az
many judges members Of the Bar To- show
TSoy merely testify to his having been an ,,c
nart,san and shrewd manlpuIs,qWr c Sl RhR
washington D. G., May 8, 1888.