The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-12-14

, duty and his srav"-t responsibility. ir
has selection oi EDWARD DOUGLASS
WHITE hc has conferred richly deserved
honor upon one ot the greatest Justices
/ that the Supreme Court has ever had in
all It's notable history. His qualifications
/ for membership IN our highest court
wprr apparent when he was originally
appointed "a an associate Justice. He
had been IA lawyer, "A Judge and states
man. and the qualities Of all three are
necessary IN max" an ideal member OF
the court. Had MARSHALL been merely
IA dry-as-dust lawyer who could not
look beyond the mere letter of the Con
srItuiIOn, our frame OF Government
would never ha"" bccom. bv judicial
Interpretation IN. admiration OF the
work. aS nicely adjusted and mar
v"llouslv wise governmental svstrm
With the narrowing jurisdiction of the
court the quest ions which come before
" largely refer IN the Just Interpretation
of the Constitution, and the qualities
of the statesman are therefore almost
as important TO-DAY IN thar court as they
Were in tn" Constitutional Convent ion
OF l7S-. MARSHALL had been not only
a member of the House OF Representa-
iives. but also of the Cabinet OF JOHN
ADAMS, and therefore added 10 his
ability as "A lawyer the wider experience
OF "A statesman similarly the new Chief
Justlc" was a member of the senate az
tn" tim" he vas originally appointed.
and h" brings To tn" discharge of his
exalted office the .x perience of The man
ot affairs a. we'll ~ the erltdition of a
learned LAWYER
To rh"s" acquired qualifications must
IT. added those with which h.. IL bv
nature gifted There have been few
Justices al th. supreme Court " ho hav.
ex'ell-d the new Chief Justice III analyti-
cal power. IN strength of logical reason-
ing and IN power Of feli"itolls expression.
II - common knowledge that the law
vers who ar. frequently called upon 10
argue 1T the bar Of tho Suprem. Court
most dread. il there be- any flaw IN their
case. the searching questions Of Justice
WHITE. They go Ia IN. very marrow
Of the case. They develop with OK
traOrdinarv penetration tn. essential
strength or weak ness II tn. position of
the advO' ate and Vet these quest ions are
ALWAYS address ed with So much con-
-Idcratlon and patience that rhe advo-
cate. though h" feel his armor ho;elesslv
penetrated equally feels hat the. s,.arrh-
ing question has been addressed with
the single purpOs. of clici'ing the truth
In tins Respect MIR Justice WHITE rivals
the greatest of the English Judges. Who
generally decide their asses immediately
after the oral argument and as "a result
of scar, hing questions which 60 10 the
very heart III the contention In his
unftagglng industry and intellectual
vIrilIty the new chef Justice. also ~
adorned the annals II tn. English
speaking world.
Mr.. TAFT has by this admirable
appointment further emphasized not
merely IN. independence Of the Judi
"iarv but III removal from mer. parti-
san considerations. for he has given
the greatest honor that he can Civ. Ia a
Democrat. and that Democrat "a South
erner and am eN-Confederate officer.
He has recognized that from the time
that EDWARD DOUGLASS WHITE be,am.
an Associate Justice Ia. ceased Ia he
Southerner. His participation in the
civil war has never affected his views
as Justice upon constitutional qu.rs-
tons. He supported the autonomy Of
the States IN rho Northern Securities
case, and the broa,i,>r powers Of the
Federal Government in the Insular
cases. The many notable opinions
which he has announced as d represent B
atIvs Of the court clearly denonstrat.
I hat b. does not belong Ia any on.. school |
Of constitutional construction. but that !
each question a. II arises receives. the
profound and often very subtle con-
: liberation Of his unusual intellect. and
hat his one purpose IL TO hold in incest
quIpols. the relative powers of STATE.
and nation by promoting the efficiency /
10! each as 10 matters within its sphere .
sbov" all considerations j. tn. rlnml--
taxable impression Of his intellectual .
Integrity. Never has his judicial m I
been for a moment questioned ,
tn. universal respect which men OF al. |
parties. olass"s sections and Cr"eds hay.. /
for tho new Chief IIsric" OF the n!tcd |
States was striking" manifested b. tho
action OF the Senate in immediately ,
his appointment without a
dissenting vote"
This - more notable A. ms appoint
n"nt breaks an unbrok"n precedent Of
he court Hitherto IN" Office OF Chief
Justice has been filed by the appoint
nen' of some on" other than an ~ sting
AssoCIat" .Iu-'Ic" Where "A pr.ceCicn,
has been observed for NOR. than one
years there mus ba "a sub
,taniIal reason for n and IN this matter
har reason ~ based IpOn considerations
II profoindes' importance. When a
awyer Is selected for rho post Of Asso-
lat" .Iusti"" h" should feel thar no
higher Office can be conferred Ipon him
n l. -.