The National tribune., 1910-06-23

THE SUPREME COURT.
The President to Have the Ap
pOintment of Another Associate
Justice.
The prospect that President Taft will
probably have an opportunity very
soon, perhaps within a week, to nomi.
nate another Justice of the Supreme
Court, emphasizes anew the great in.
f1uence he is exercising in the make
up of that tribunal for a number OF
years. In something less than sever
months President Taft has had the
nomination of two Supreme Court JUS
| tees. If the bills just introduced by
Senator Lodge and Representative Gill
lett in their respective branches of Con-
gress become law forthwith, as is eX-
pected. allowing Mr.. Justice Moody to
retire any time within five months on
full pay, 1t is quite certain that the
President will have the nomination of
another Justice. making three, or one
third of the entire court of nine.
Since Lincoln's time. at least, no Pres
ident has had such an opportunity to
put upon the Supreme Court the cali
ber of men he thinks should serve there
and to make those nominations at a
very vital period in litigation over the
constitutional question at issue there.
1t is entirely within the probabilities
that the two or three men the PreSi-
dent will have nominated to the Court
before next December can have a de-
Gliding voice about the constitutionality
of much of the antitrust and corpora
ton legislation.
1t is, of course, quite generally un-
derstood that the seven members of the
Court who were upon the bsnch at the
recent session are badly divided over
the Interpretation to be given the Sher-
man antitrust law. That law, after
many years, is being brought to final
test in the litigation to dissolve the
Standard Oil Company and also to dis
solve the Tobacco Trust cases. Both
those cases were argued some time ago,
and shortly afterward Justice Brewer
died. The arguments were made before
Court of eight members, as Justice
Moody has been i'll in Massachusetts
with rheumatism for year. There was
a period of suspense in the business
world to determine whether the Court
had really reached a decision in those
cases. 1t was followed by an announce
ment that there would be a reargument
in the Autumn. While the Court con-
fined itself to that simple announce
ment. 1t was very apparent that the re-
argument had been determined upon
because the Judges had divided very
equally on important points of conten-
ton, presumably to g.
The Corporation Law.
rNr.
corporation tax law is almost identical.
That, too is to be rsargued, and as far
as anyone outside of the members of
the Court knows, because the Justices
We're SO evenly divided that it was
deemed advisable If possible to have
more positive division when the new
Justice or new Justices should be sworn
in. Gov. Hughes, of New York, has
been nominated and confirmed to sue
ceed the late Justice Brewer. and has
only to take the official oath before he
becomes in fact Justice of the Court
for life. That would make full bench,
but as Justice Moody is incapacitated,
only eight Justices for the hearing of
the three cases mentioned can be GER
tain.
Therefore, it is believed that upon
the enactment of retirement bill in
behalf of Justice Moody he will retire
forthwith, and that President Taft in a
few days may actually name another
Justice, and that he will be confirmed
by the Senate before the adjournment
of Congress. Then a full Court of nine
members would be assured in the Au-
tumn, providing all of the nine men,
bers are alive and well at that time.
1t is taken for granted that Presi-
dent Taft did not nominate Gov.
Hughes without some knowledge of
what the latter's attitude would be up
on some OF the great constitutional
questions pending. 1t will be equally
rue Of another new Justice, If one is
appointed. That does not mean the
President ascertained whether Gov.
Hughes would vote for or against the
rons:itutionality of the Sherman anti
trust law or of the corporation tax.
He was too long upon the bench him
self and would be too averse to any
idea of packing the Court" to do that
And yet the President with utmost pro-
priety, and. in fact, as matter of duty.
would satisfy himself about the general
soundness OF any man whom he was
70 name to the highest judicial posi-
lion in this country for life.
Unless Justice Moody does retire and
mis- successor is named and confirmed
before the adjournment of Congress-
here is small likelihood that the three
great cases mentioned can be argued
before more than eight Justices. That
night result in even further embarrass-
nent, because of the chance that the
Court would divide equally. In such
an outcome the constitutionality Of the
Sherman antitrust law would be af-
frmed, because it comes up on an ap-
peal from Circuit Courts of Appeal,
where the constituti0nality was upheld
But such decisions would be unfortun-
ate, and would not carry the conviction
among the people that Supreme Court 4
decisions ought to carry. Controversy
over the income tax has continued for
20 years, because that case was decided
to 4.
The unusual conditions prevailing in
he Court during the last year are re-
5arded as unfortunate. They do not
end to increase the respect for the
dignity and for the opinions Of the
Court which ought to prevail There
'ore, the hope for a full bench of JUS
ices at the next session, so that its
business can be disposed of decisiyely.
Florida Vegetables.
(From the New York Grocery World }
Florida tomatoes about hold their
own and range from $3.50 to 81. The
demand is good.
Florida corn is scarce as yet, and
averages $3.50 per box. The quality
S fair, but the demand light.
New potatoes are cheap-S1.80 to
s2.15 per barrel for Virginia and North
Carolina and s2.75 for Floridas in large