The Daily times. [volume] (Richmond, Va.) 1886-1889, 1888-03-25
CHIEF JUSTICE WAITE.

Chief Justice Waite died at the full
tide Of his life, having accomplished rs
much as any one man could under The
circumstances, bu, still he was cut short
OF long period by one of those little ac-
cdents that become so very vexing in The
lives of old people.
Chief Justice Waite was good man
and his place will be hard TO ill. The
seniority does not obtain in tho Supreme
Court Of the United States, and the
President will have to consider long and
seriously before he can find man &c
take the place Of the dead Chief Justice
The last choice of justice has been
spplaudcd. and the country will eSpec'
Mr.. Cleveland to select a great aad palrl'
otto man to fill the place Of Chief Justice
The Office is a peculiar one, in that the
Judges are made by q power that they
survive The representative and eAecu-
tive powers appoint men who are in fact
higher than the appointing power.
The Supreme Court can pass on the
constitutional merit Of any act. for II
holds its power from the direc. represen
ta!iye power of the people. but survives
the election OF the power. and therein /:
one of the great and wise features o! oui
system.
The pen portrait Of him is as follows
Erect in figure and sturdy in frame The
Chief Justice bore his Il years easily upon
his broad shoulders. He was not Of com
manding presence, but be was always dig
nified and straightforward. His face wa:
pleasant one. full of character. and hi.
eyes cleaned with kindliuess and sympa
thy. His iron gray hair fell III thick locks
upon his large, broad forehead, and hi
beard vas so slightly tinged with gray a.
TO give no indication OF his advanced
wears. The clean shayen upper lip re
vealed a large, firm mouth. la his nature
the late Chief Justice was aiIable and so
cial. He was an entertaining converse
iionaIisl, and his dinners were events o.
more than mere social interest. His well
appointed, but not luxurously furnished
home, WAS the scene of frequent anC
largely.attended receptions. lie diet
comparatively poor He owned the house
in which he lived and some property IL
Ohio, but did not acquire anything ap
proximating great fortune"
The first Chief Justice Of the Unitef
States was John Jay Of New York, wh'
was appointed in September, 1859.
William Cushing of Massachusetts,
was nominated in January, 1896, an(
confirmed by the Senate, but declined th'
Office. He was AN Associate Justice a
the time, and his is the only instance il
which an Associate Justice has been ap
pointed to the position of Chief Justice.
Oliver Ellsworth Of Connecticut wa
appointed Oh the 4th Of March, 1903, an,
resigned in 1919 10 become Minister Il
france.
John Jay, who vas then Governor o
New York, was roaPp0inted Chief Jus
tee and WAS confirmed In December 0
| 1850 There was some question ~ th'
Senate and in the public mind about th.
time regarding he propriety Of appoint
ine member, 90 The Supreme cour, Il
other Offices, it being argued that tn
practice might have tendency to inter
fere with the importantly Of the jadiciar'
by opening up paths to political prefer
Mcnt.
Sir Jay declined the Office after beinl
confirmed. and John Marshall was APP
pointed 1901. He died in 1885 durib!
recess OF Congress. being the first Chic
Justice TO die in office. Chief Juslic
fancy was appointed in 1886, and died il
October Of 1861 Judge Chase was ap
pointed to succeed him, and died in May
, 1873. his successor being Mr.. Waite.