East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-07-18

Washington.-Should Charles E.
Hughes resign the governorship of
New York to become chief Justice of
the United States it would prove that
history, which repeats itself, also re-
verses itself, for John Jay, first chief
justice of the United States resigned
that honorable job in order to ac-
cept the governorship of New York.
That was back in 1895.
While thetalk- of Hughes in connec-
ton with the appointment is mostly
favorable, there is also some opposi-
ton. one objection to Hughes is bas-
ed on the claim that be lacks expert
ence in the supreme court, having |
tried only one case before that great |
tribunal His friends, however, point |
out that this should not bar hi from
consideration in view of the fact that |
Chef Justice John Marshall, whose |
| decisions gave life to the constitu-
| ton, had tried only one case in the
| court before he was chosen as its pre-
siding judge.
When President Taft names the new
chief justice he will create a world
| figure. The position will confer that
distinction on the man even though
| he be not renowned for his own tai
ents. The appointment will place
him at the head of one of the three
coordinate branches of the govern
ment, a station more exalted in the
minds of many men than the presi-
dency itself.
The term of office Will be subject
to the pleasure of the chief justice
He may retire at the age of 10 years
or continue in the service until death.
Whether active or retired he Will re-
ceive full salary, which under ex-
listing law, is $4,000 a year.
\ duty prescribed for the chief
justice, aside from those pertaining
to the court, is that he shall preside
at the impeachment of a president.
That experience came to Chief Justice
Morrison r. Waite, who was called
upon to preside at the Impeachment
of President Andrew Johnson.
A salute of II guns is accorded to
. him by the military regulations.
He is a central figure every four
years when, in the presence of count
less thousands of his countrymen, he
administers the oath to the incoming
president of the United States His
presence there helps to dignity the
inauguration ceremony but it is not
essential. An oath taken by the pres
ident before a notary public would be
as binding.
Honors come to him in many ways.
; He is chosen to arbitrate controversies
> between nations and to assist in The
| Nf l.
stitutions feel honored by his patron
!, age. -
The oath subscribed 10 by ch .
justice of the United Sta.es at MS IN
stallation is as follows:
+ 81 do solemnly swear that | viii
administer justice without respef. tC
persons and do equal right to the poor
and to the rich and that l will faith
fully and impartially discharge anC
perform all the duties incumbent o1
% me as chief justice or the United
States. according to the best of nj!
, abilities and understanding, agree
ABLY to the constitution and laws o
. the United States, so help me God
1t is an interesting coincidence
that several of the chief justices hav
entered upon their duties at time
when new questions of the creates
Importance confronted the country
In the time of Marshall who becam
d. chief justice in 1901, the great prob
lem was the construction of the con
tn stitution and his decisions shaped tn
course of the republic. 1t develope
upon Marshall to place in effect tn
In intentions of those who made tn
constitution. Some of the men VIII
IN assisted in the construction of tha
great instrument differed with tn
TN Judge as to what the intention of tn
constructors had been but it wa
TN MarshalPs opinion that counted.
IL It was Marshall who first asserte
the right of the supreme court to d'
e'' clare invalid acts of congress that,
the opinion of the court were in cor
flict with the constitution. He cr'
est ated the American system Of juri
prudence and assured the permanent
oN of a government that until his tin
-. was an experiment.
~" Roger B. Taney of Maryland, b
came chief justice in 1886, a tin
when the country was about to e
perience a wonderful deveopmer
Railroads had begun to succeed w
lst, gon transportation, coal mines we
being delevoped on a large scale al
public works of Importance we
lth placed under way Aside from nc
questions arising in connection wi
those matters, however, Taney had
ird deal with the troublous matters tn
preceded the civil war. He was t
;. author Of the Dred Scott decisi
which became burning issue.
A court order by chief justice
practically final, but one issued
/. Taney was an exception to the ru
lost perhaps the only case in which
Chfer Justice was ever overruled.
BIZ man was arrested on the cnarse
ration of the writs or nabeas corr