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

In 4 general way the American people
understand the Importance OF the Federal
Supreme Court and the expediency OF NIL
ing II with judges OF legal learning,
ripe experience. clear judicial mind and
unsullled integrity. But comparatively
few reflect how dependent our institu-
lion are upon the capacity and purity
Of that court for their perpetuity and
prosperity.
The theory OF the American Govern
ment Is that the sovereignty IL In the
people. As chief Justice Marshall ex-
pressed It: THE Government Of the
United States can claim no powers which
are not granted to II by the Constitu-
tion,' 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 IL broader than that made
either to the executive OF legislative de-
partments. Besides embracing every pos
sible Federal question, It reaches sub
jccts 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 q
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 I'M
der the Constitution Washington realized
the fact that the selections OF the most
overshadowing Importance were those
to be made to the Supreme Court. He
chose John Jay for Chief Justice. no
! only a learned and able lawyer. but a
broad and experienced statesman and
diplomatist. The ablest jurists In the
country were made his associates. and
his successor was 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 Q,
unfolding the powers n ILLUSTRATING
the principles OF the Constitution through
the period OF slavery and the periis o.
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 u
made to extend ito all cases In law ant
equity arising under the Constitution
the laws OF the United States ana trea
ties made or which shall be made unde
it's authority: to all cases affecting am
ba ssadors, other public ministers an'
consuls; to all cases OF admiralty ant
maritime Jurisdiction; to controversial
to which the United States shall be
party: to controversies between W o
more States; between citlsens OF differen
States: between citizens OF the sam
State claiming lands under grants or dif
ferent States, and between a State ant
citizens thereof and foreign States, citi
Gems or subjects"
Yet 1t needs only a moments renecttol
on the extent and Importance OF thss
duties to condemn a course which 70
political or personal considerations neg
lects to al a vacancy In such a cour'
and restore II to it's full efficiency an
usefulness. it requires only a moment
thought to prove that It Is a sacred dut,
to appoint only a fully equipped awyei
an able and experienced jurist and
man OF broad mind and recognized learn
ing to a court which numbers amonI
these who have sat on Its bench sue
names as Jay. Marshall. Story, Tame,
and Chase.
The Presidents duty is to appoint a
once to the existing vacancy an Associat
Justice OF the Supreme Court who's
name will be n guarantee OF his imme
date confirmation.