The Detroit times., 1910-07-18
HISTORY MAY
REVERSE ITSELF
Hughes Appointment to Supreme
Court Recalls John Jays
Withdrawal to Become
"a Governor.

WASHINGTON, July i6-Should
Charles Z. Hughes resign the govern.
orship OF New York to become chief
justice OF the United States, IL would
prove that history, which repeats
itself, also reverses itself, for John
jay. first chief justice OF the United
States, resigned that honorable job in
order to accept the governorship OF
New York. That was back In 1895.
While the talk OF Hughes In con-
nection with the appointment Is most
iy favorable. there Is also some oppo-
sition. One objection to Hughes Is
based on the claim that he lacks ex-
perience in the supreme court, having
tried only one case before that great
tribunal. His friends. however. point
out that this should not bar him from
consideration In view or the fact that
Chief Justice John Marshall. whose
decisions gave life to the Constitution.
had tried only one case in the court
lefore he was chosen as Its presiding
Judge.
When President Taft names the new
chief Justice he will create 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 or one or the three co-or-
dinate branches OF the government. a
station more exalted in the minds or
many men than the presidency itself
The term OF Office will he subject
to the pleasure OF the chief justice.
lie may retire at the age OF 20 years
or continue in the service until death
Whether active or retired he will re-
ceive full salary which, under existing
law. is $4,000 year.
A duty prescribed for the chief JUS
tiee, aside from those pertaining to
the court. Is that he shall preside at
the impeachment OF president. That
experience came to Chief Justice Nor
rison r. Waite, who was called upon
TO preside at the impeachment OF
President Andrew Johnson
A salute OF IL guns Is accorded 10
him by the military regulations
He Is 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 II il not
essential. An oath taken by the presi-
dent before notary public would be
Just as binding.
Honors come to him In many ways.
He is chosen TO arbitrate controvCr-
sizes between nations and TO assist in
the negotiation OF treaties. Great IN.
stitutions feel honored by his patron
age.
Il do solemnly swear that will ad-
minister justice without respect to
persons, and do equal right to the
roor and to the rich. and that | VIII
faithfully discharge and perform all
the duties incumbent on me as chief
justice Of the United States according
TO the best OF my abilities and under.
standing, agreeably to the Constitu
ton and laws of the United States,
so help me God"
II is an interesting coincidence that
several Of the chief justices have en-
tered upon their duties at times when
new questions Of the gravest import
ance confronted the country. In the
time OF Marshall, who became chief
justice in 1901, the great problem was
the construction OF the Constitution,
and his decisions shaped the course
OF the republic. II developed upon
Marshall TO place in effect the inten-
tions of those who made the Consti-
tuition. Some of the men who assis'
ed in the construction OF that gr-
instrument differed with the judge as
TO what the intention OF the construc-
tors had been but II was Marshalrs
opinion that counted.
II was Marshall who first asserted
the right OF the supreme court to de.
clare invalid acts OF congress that in
the opinion of the court, were in con.
fict with the Constitution. He crea-
ted the American system of jurispru-
dence and assured the permanency or
o government that until his time was
an experiment