The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-07-12
The President. GraVcst Response
bility


may have no more important duty than
that 81 filing the varanCv caused by
the death Of the late chef Justice
LLFR. \ haStv sslertinn - neither
neCessarv nor desirable oar country
IL entering uI'on a very critical stage Of
its constitutional develorment and the
next Chief Justice NAV play part only
les important than hat Of Chief JIstice
MARSHALL The growth of the nation
the ever increasing complsSItv Of its
governmental system and the conae-
qnent officially 81 preserving the "Iui-
hbrIum between the respective powers
al state AID nation mai. II reasonably
probable that the newt Chief Justice will
exert All nr'Ience ~ extraordinary inn
portan,e. In a qualified sense hut Ia
q very n-acticaI degr-- the supreme
Court - - riinrious constitutional
convention Nh'l. II - guided by the
simple b I ,s~t-,lN outlines OF the Con-
stitutioI yst = h., ONES necessary 20
apply and even adapt the fundamental
principles II the Constitution to the in.
finite changes caused by steam and
electricity.
As the great Chief Justice said in one
Of his most notable decisions the Con-
stitution is
ntsndef TO endure 'or sges N rome and coa.
Aequentiy 10 ~ adapted 70 the various crises Of
human AnAlrs. To have prescribed the means
b. which Government should In all future time,
execute It's power would have been 70 change
eaureiy the character Of the instrument and TO
Eiye 10 the properties Of legal code II would
have been an unwise attsmp, TO provide By I'm
nutable rules for sHiEenciss which y 'oreSeen
81 all must have been .seu dnly and esn bee,
~ provided for Is they occlr
Thus the commerce clause. expressed
in few words 81 great simplicity, has OF
necessity been expanded by Judicial in
depreciation until il has become the
greatest dynamic force in the Consiitu-
tion. ~ the divided sovereignty Of our
Government A. barw"on states and ma
ton must depend upon the ultimate
Interpretation of this clause well called
The sleeping giant ~ the Constitution
no problem If greater Importance or
ni"ety can be suggested than tie appli-
cation To the infinu" changes in our
social life which the railroad and IN.
telegraph have brought about
q la. p.r, 4 fI,aT I,,-,.... 4 4 4 49,.
average tenure Of service Of his pre,ie-
C'-~sors h" NAV L. measured hv perma-
Isrnt influence. Far greater man than
either the President who appoints him
or any President under whom he NAV
serve Thus M,nsHII.L's great decision
IN Gibbons ". Ogden. nv which the
supremacy q tn" Federal power over
interstate commerce was eS' ablishad for
all time. has more profoundly influenced
the future Of this people than the pro-
mitigation bv JAMES MONROE Of the in
ternat ional policy which hears his name
While the Chief Justice j. hut one Of min.
justices and theoretically has no greater
voice than any Of his associates, vet II he
u WORTHY Of that exalted position he can
exercise a dominating power in the de-
alterations Of his court which. ss in the
ease 81 MARSHAL, will make him more
potent instrument for good or evil than
any other servant Of the State
n is therefore Of vital importance
that Mr. TAFT should select for the va
csncy lawyer who has had large expert
ence in public affairs, a well balanced
and judicial mind and profound knowl-
edge % constitutional law In the ma
ture ri the case very few men meet all
Of these requirements. There are many
profound students OF constitutional Law
who have had little practical experience
in the administration Of public affairs
and whose usefulness Is limited by a
habit 81 mind which il too theoretical.
MARSHALL was a greater Chief Justice
because he had been before he assembled
the bench a soldier, statesman and
administrator. Upon the other hand
there are many valued statesmen.
skilled in the practical administration
Of public affairs and admirably qualified
n he leaders n men. who would h. sim
gularly III adapted 80 the supreme
bench for want of that judicial tempera-
ment without which ~ IS impossible N
bold the scales of justice with an even