The evening world., 1894-01-20
THE SUPREME COURT VACANCY.

In a general way the American people
understand the Importance OF the Federal
Supreme Court and the eXpcdiency Of MI.
ing II with Judges OF legal leaning.
ripe experience. clear judicial mind and
unsullied integrity. But comparatively
few reflect how dependent our .nstitu.
ton are upon the capacity and purity
Of that court for their perpetulty and
prosperity.
The theory Of the American Govern
ment Is hat the sovereignty is IN the
people. As Chief Justice Marshall ex-
| pressed 1t: The Government Of the
United States can claim no powers which
are not granted to it by the constitu-
ton" and the Constitution contains an
enumeration OF the powers granted by
the people to their Government"
The grant OF power to the judicial de-
partment is broader than that made
either TO the executive OF legislative de-
partments. Besides embracing every pos
sible Federal question, It reaches sub
jects relating to State authority alone,
as shown in the Dartmouth College
case, the attempt Of some States. after
the war, to impose legislative punish
ments for reasonable conduct. and the
proposition for State taxation Of Ma
| tional banks or for a States grant OF a
monopoly OF its navigable waters.
From the earliest days the duty Of
appointing the most fitting men to such
a court was recognized and fulfilled.
When the Government was organized un-
der the Constitution Washington realized
the fact that the selections OF the most
ove%rshadowing Importance were those
to be made TO the Supreme Court. He
chose John Jay for Chief Justice. not
only a learned and able lawyer. but IA
broad and experienced statesman and
diplomatist. The ablest jurists in the
country were made his associates, and
his successor wal the great John Mar
shall.
How few people reflect on the work the
Supreme Court has done for the nation
from the time 1t undertook the task Of
unfolding the powers and illustrating
the principles OF the Constitution through
the period OF slavery and the perils Of
the war down to the solving OF the dim
cult problem OF reconstruction. How
few give a thought to the labor imposed
on a court whose judicial authority is
made to extend ito all cases In law and
| fui NV III
the laws OF the United States and trea-
ties made or which shall be made under
It's authority: to all cases affecting am
bassadors. other public ministers and
consuls: to all cases Of admiralty and
maritime jurisdiction; to controversies
to which the United States shall be a
party; to controversies between two or
more States: between citizens OF different
States; between citizens OF the same
State claiming lands under grants Of diff
fcrent States, and between n State and
citizens thereof and foreign States, citi-
zens or subjects"
Yet II needs only a moments reflection
or the extent and Importance OF these
duties to condemn a course which for
political or personal considerations neg
lects to All a vacancy in such a court,
n restore 1t to it's fun efficiency and
usefulness. It requires only a moments
thought to prove that II is a sacred duty
to appoint only a fully equipped lawyer,
an able and experienced jurist and a
man OF broad mind and recognized learn
ing to a court which numbers among
those who have sat on Its bench such
names as Jay. Marshall. Story. fancy
and Chase.
The Presidents duty Ia to appoint at
Justice of the supreme Court whose
name will be a guarantee OF his imme-
diate confirmation.