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

In n general way the American people
understand the importance of the Federal
supreme Court and the oXpoiionry of I'LL
ing 1t with Judges of legal leaning.
ripe experience, clear judicial mind and
unsullicl integrity. But comparatively
fow reflect how dependent our ins,itu-
ton are upon the capacity and purity
Of that court for their pcrpetuity and
prosperity.
The theory Of the American Govern
mont Is that the sovereignty Is in the
people. As Chief justice Marshall OK
pressed It: "The Government Of the
United States can claim no powers which
are not granted to 1t by the Constitu-
ton" and the Constitution contains an
enumeration of the powers granted b.
the people to their Government"
The grant of power to the judicial de-
partment Ia broader than that made
either to the executive of legislative d.
partmenta. Besides embracing every pos
slble Federal question, 1t reaches sub
jects relating to State authority alone.
as shown In the Dartmouth College
case, the attempt OF soIne States. after
the war. to impose legislative punish
mcnts for REASONABLE conduct, and the
proposition for State taxation OF Ma
tional banks or for n States grant OF a
monopoly OF its navigable waters.
From the earliest days the duty Of
appointing the most fitting men to such
n court was recognized and fulfilled.
When the Government was organized UNI
der the Constitution Washington realized
the fact that the selections OF the most
ovcrshadowing Importance were those
to be made TO the Supreme Court. lie
chose John Jay for chief Justice, not
only n 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 II 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 Diff
cult problem OF reconstruction. How
few give n thought to the labor imposed
on IA court whose judicial authority Is
made to extend ito all cases In law and
equity arising under the Constitution,
the laws of the United States and trea-
ties made or which shall be made under
It's authority; to all cases affecting am
b~aasadOrs, other public ministers and
consuls; to all cases of admiralty and
maritime Jurisdiction: to controversies
to which the United States shall be n
party; to controversies between two or
more Stntea. between citizens of different
States; between citizens OF the same
state claiming lands under grants of diff
fcrCnt States. and hetwccn n State and
citizens thereof and foreign States, citi-
zcns or subjects"
Yet 1t needs only Il moments reflection
on the extent and Importance of these
duties to condemn n course which for
political or personal considerations neg
lccts to MI "A vacancy in such n court,
and restore Il to its fun efficiency and
usefulness. 1t requires only II moments
thought to prove that 1t Is n 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 Il court which umbers among
those who have sat on Its bench such
names as Jay, Marshall, story. fancy
and Chase.
The Presidents duty Is to appoint al
once to the existing vacancy an Associate
Justice OF the supreme Court whose
name will he "A guarantee OF his hume
diate confirmation.