The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-29
What Other People Think
Moody and the Supreme Bench.

To the Editor of The Journal ,,
=, In a. recent issue, under the caption Of
Reforms at Stake in Supreme Court
is a dispatch from your Washington
correspondent stating that the president
has decided to appoint Attorney General
Moody to the bench Of the United States
supreme court because some cases are
likely to come before it involving the
validity of the recent acts Of congress-
especially the railroad rate bill. He fur
Their states that there will be opposition
in the senate to MIR. Moody's confirma-
ton on 'the ground in private that the
president is packing the supreme court
against the railroads, but they, the SEN
ators, will probably base their public OPP
position on the more tenable claim that
the members of the supreme court ought
to come from all parts Of the country"
abiding to the point that as Justice
Holmes is from Massachusetts, it would
be contrary to all precedent to appoint
MIR. Moody, who is also citizen OF that
state. r..4.-. fzs.. g.
In other words, the correspondent an
nounces that the president has decided
to appoint Mr.. Moody to the supreme
bench, even as against precedent, for
the sole purpose Of passing on and up
holding certain laws in which they are
both especially interested.
Not only to all lawyers, including
Judges, but to all laymen having an in
telligent appreciation of the, propr1ety,
not to say the Importance, Of at least
pretending to have an impartial judi
ciary the above article will come as a
severe shock. It Is rendered still more
serious and glazing by the statement Of
the correspondent that there can be any
ground of objection more tenable"
than that of packing" the supreme
bench to uphold some pet legislation Of
the appointing power. .r--"..-
The correspondent goes on to state as
an additional reason for the appointment
that not only is Mr.. Moody a cabinet
officer in close touch with the president
in framing and urging the passage of
these bills, but that no lis even now pre-
pairing to sustain" most Of the bills In
the lower court and is in conference with
the president on the passage of other i'm
portant ones to be passed on by the su-
preme court.
If appointed to the bench, Mr.. Moody
can scarcely enter upon his duties with
that calm unprecedented mind so essential
to the jurist In rendering decisions fair
and just to all, even railroad companies.
Perhaps, even this commercial age, with
it's b1unted conscience, might forgive an
idolized president for packing" the SUI
p1eme bench, however dangerous to the
republic and odious in history, yet we
cannot imagine such public mental
state as will with leniency permit the
act to be pre-heralded glaringly as a vir-
| tue. We recall but one incident in the
history Of this country in which 1t was
known to almost a moral certainty that
an appointment was made to the supreme
bench for the reasons assigned as to Mr.
Moody, and that incident still remains
as the only indelible stain on the record
Of an otherwise ideal chief executive
But even then, the reasons were not pub.
licly announced, but only conjectured
and the act was condoned on the GROUND
| that the appointee was reputed to be
and was, in fact, a great statesman who
had performed invaluable services fol
the country. Still, when the bill Of which
he was the author or instigator came be.
fore the court for decision, he did mo-
fail to fulfill his obligations, but upheld
| it's validity.
| What else can be expected from Mr.
Moody if he be appointed for the reasons
assigned? We had hoped that the for.
mer incident would have been a warning
! to all future presidents rather than fol
lowed as a precedent. We still hope thai
| Mr. Roosevelt, with his native, rugged
sense and keen appreciation Of fistorf.
cal perspective, will not lend himself t
the prostitution Of the Judiciary, the
preservation Of whose integrity is o.
greater moment than the validity Of any
law Of congress. Should he, however, sc
far forget himself and fail us in this, one
Of the most important acts in his career
I'VE will still have faith that the much
maligned senate, either from good or evil
motive, will stay his hand and thereby
prove the necessity for its continued
existence. Thomas Kneeland.
Minneapolis, Oct. q.