The Bridgeport evening farmer., 1910-07-19
(Staff Washington Corres.)
 Washington. July 19

which repeats itself, also reverses it. self 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 17es.
 While the talk of Hughes in con- nection with the appointment is most ly favorable, there is also some op- position. One objection to Hughes is
 based on the claim that he lacks ex- perience in the Supreme Court, hav- ing tried only one case before that great tribunal. His friends, however, point out that this should not bar him from consideration in view of the fact that Chief Justice John Marshall,
 whose decisions gave life to the Con- stitution, had tried only one case in the court before he was chosen as it's presiding judge.
 When President Taft names the new
 Chief Justice he will create a world figure. The position will confer that he be not renowned for his own tal- 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 70 years or continue in the service until death. Whether active or retired he will re- ceive full salary, which under exist ing law, is s13,0O0 year.
 A duty prescribed for the Chief Jus tice aside from those pertaining to the court. is that he shall preside at the impeachment of president. That ex- perience came to Chief Justice Morri- son R. Waite, who was called upon to preside at the impeachment of Presi- dent Andrew Johnson.
 A salute of IT guns is accorded to 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 dignffy the in ceremony but it is not es- sential. An oath taken by the Pres ident before notary public would be just as binding.
 Honors came to him in many ways. between nations and to assist in the of treaties. Great insti- tutions feel honored by his patron age.
 The oath subscribed to by Chief Justice of the United States at his IS as IOlIOWS.
 'I do solemnly swear that I will ad- minister justice without respect to persons and do equal right to the poor and to the rich, and that will faith fully and impartially discharge and perform all the duties incumbent on me as Chief Justice of the United States according to the best of my abilities and understanding, agreeably to the Constitution and laws of the TTn{fod States ho1n mo God ''
 It is an interesting coincidence that several of the Chief Justices have en- tered upon their duties at times when new questions of the gravest impor- tance confronted the country. In the time of Marshall who became Chief Justice in 1901, the great problem was the construction of the constitution, of the republic. It developed upon Marshall to place in effect the inten- tiOns of those who made the consti- tuition. Some of the men who as- sisted in the construction of that great differed with the judge as to what the intention of the construc- tors had been but it was Marshalps opinion that counted.
 It 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 conflict with the Constitution. He created the American system of juris- prudence and assured the permanency of a government that until his time was an experiment.
 Roger B. Fancy, of Maryland, be- came Chief Justice in 1886, a time when the country was about to ex- perience a wonderful development. Railroads had begun to succeed wagon coal mines were be- ing developed on large scale and public works of importance were plac- ed under way. Aside from new ques- tions arising in connection with those matters, however, Fancy had to deal with the troublous matters that pre- ceded the civil war. He was the au- thor of the Dred Scott decision which became a burning issue.
 A court order by Chief Justice is practically final but one issued by Fancy was an exception to the rule, perhaps the only case in which a Chief Justice was ever overruled. A man was arrested on the charge of treason in Baltimore, where the operation Of the writs of habeas corpus had been by the army. The facts were submitted to Fancy, who issued an order that the prisoner be produc- ed in court The officer in command to surrender the man and Fancy demanded peremptory compli- ance with his order. The troubled of icer put it up to the War Department and the Department asked President Lincoln to decide. Lincoln held that under the conditions that prevailed in Baltimore at that time it would be un- wise to release prisoners on writs of habeas corpus or any other writs, es- pecially in treason cases. AS Fancy had no army with which to enforce his order he was obliged to submit to the President who was backed up by the military power of the govern ment.
 Big problems presented to the court when Morrison R. Waite became Chief Justice in 1874 grew out of the war and were involved in changing condi- tions. The court was called upon to construe the new amendments to the Constitution and to rule upon the li- luor question, polygamy, federal con- Lrol of elections and the right of states 10 regulate railroads. It was in Waite's time that the court decided that a woman was citizens but with put the right to vote.
 The new Chief Justice will take part in the settlement of questions growing out of the corporation tax and the Standard Oil, Tobacco and Sugar trust cases, in which the deci- sions of the court, in the minds of many men, may have a most impor- tant influence on the future of the 
 The Supreme Court was established in 1789 with a Chief Justice and five associate justices. The number of as- sociate justices was increased to eight in 1887.
 At the first session of the court there were no records, no forms and no cases for trial The place of Chief Justice was not an attraction to influ-