The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-07-16
HISTORY MAY
REVERSE ITSELF
Hughes Appointment to Supreme
Court Recalls John Jays
Withdrawal to Become
Governor.

Z WASHINGTON, July l6.--Shouid
Charles E. Hughes resign the govern
orship OF New York to become chief
justice OF the United States, 1t would
prove that history, which repeats
itself also reyerses 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 1875.
While the talk of Hughes In con-
nection with the appointment is most
ly favorable, there is also some oppo-
sition. One objection to Hughes is
based ON the claim that he lacks ex-
perience In thessupreme 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 of the fact that
Chief Justice John Marshall. whose
decisions gave life to the Constitution.
had tried only one case in the court
before he was chosen as its presiding
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 co-or.
dinate branches OF the government, a
station more exalted In the minds OF
many men than the presidency itself.
The term of office will be subject
to the pleasure of the chief justice.
He may retire at the age of 30 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 a 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
experience came to Chief Justice Nor
rison r. Waite, who was called upon
to preside at the impeachment OF
President Ihdrew Johnson.
A salute OF IL 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
the oath TO the incoming
president Of the United States. His
presence there helps TO dignity the
ceremony, but 1t is not
An oath taken by the presi-
dent before a notary public would be
just as binding.
HonoTs 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
poor and to the rich. and that | will
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 Constltu
tion 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,
OF the republic. IL developed upon
Marshall TO place I'm effect the mten.
tons OF those who made the Consti.
tuition. Some OF the men who assIS'
ed in the construction OF that 81 -
differed with the Judge as
to what the intention OF the construc-
tors had been but II was Marshall's
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.
hict with the Constitution. lie crea-
ted the American system of jurispru
dence and assured the permanency or
a government that until his time was
an experiment.
Robert Il. fancy, of Maryland, be-
came chief justice in 1886, time