Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-04-26
BENCH WILL WELCOME HIM
Leaders Of Majority and Minority in
Congress Satisfied.
OPPOSITION NOTE Is FAINT
Attitude on Income Tax-New Ap-
pointee Will Sit at Rehearings
Of Oil and Tobacco Cases. 4

Charles Evans Hughes to fill the vacancy
on the Supreme Court bench Is popular 4
is shown by widespread commendation
of the appointment and expressions OF
satisfaction by public men of all shades
of party opinion.
President Taft's own cordial praise Of
his. appointee set the ball rolling. Con-
gratulatory expressions in like vein have
been showere1 upon Gov. Hughes from
every side
Chief Justice Fuller voices his satis-
faction in the simple phrase Il am de-
lighted" Justice Harlan characterizes
Gov Hughes selection as "a fine appoint
ment." Justice McKenna praises Gov.
Hughes as "a man OF high character and
great ability
Attorney General Wickersham, repre-
senting the prosecuting branch of the
government. is unstinted In expression OF
qualification over the fact that Gov.
Hughes has found IL possible to accept
the appointment OF course, with the
Attorney General there was at no time
question as to the advisability of naming
Gov Hughes. The Attorney General was
only concerned whether the governor
would be induced to accept.
Congressional Opinion.
Senatorial opinion probably is echoed
in Senator Roots comment that Gov
Hughes measures up to the high stand
ard of the court. The democratic
thought is voiced by Senator Bacon who
says that from the standpoint of char
acter and ability Gov Hughes is eminent
ly fitted to sit on the bench of the Su-
preme Court; and by Senator Overman.
who says 'it is splendid selection and
adds to the traditional ability of the Su-
preme Court
Champ Clark. minority leader in the
House. representing the militant wing OF
the opposition party, declared that
President Taft has made an excellent
did man for the place.
The only possible cavil against the ~ap-
pointment, and which hardly amounts to
more han the lifting of an eyebrow. is
the suggestion that Gov. Hughes express-
I'd opposition to an income tax may mill
tate against his fitness for the bench. 1t
is of record, of course. that Gov. Hughes
opposes the income tax, and in a message
to the New York legislature spoke vigor-
ously on the subject.
But there is no serious disposition on
the part Of public men to hold him un-
qualified on this account. In the first
place. the constitutionality Of the income
tax is not likely to come before the Su-
preme Court in the very nature of things,
since ratification of the pending amend
ment to the Constitution Of the United
1t is not probable that
legislation upon which the court would
be called to pass will be attempted mean
while.
Attitude on Other Questions.
The public is far more concerned II Is
said. in Gov. Hughes attitude OF mind
toward other great questions which are
likely to come before the court. In this
connection 1t is recalled that President
Taft has said to people who have talked
to him about the Supreme Court appoint
ment that. in his opinion. the predisposi-
ton Of possible candidates should not be
taken into account.
The President holds that a great jurist
will make up his mind on the evidence In
any case as it comes to MIN, with its own
particular circumstances. The President
does not give a straw Tor the expressed
opinion of possible candidates upon gen.
er6l questions.
Undoubtedly, however the general men,
tai makeup. to fairness Of mind and
absence of prejudice of q candidate for
the Supreme Court would be taken for
and was by the President
in this appointment. Gov. Hughes Is
known as a man with strong prediction
to sustain the rights of humanity. but he
has also indicated his belief that the
rights of property as well should be pro-
tected.
Public men have known that that was
just the kind of man President Taft was
seeking to I'LL this vacancy. Every one
knows that not since the days of the free
soil controversy have the rights Of prop
erty and humanity come so sharply in
conflict as at present.
The struggle between the people and the
trusts has reached the last stage. The
Supreme Court Of the United States, with
Gov. Hughes on the bench, may be called
upon to cast the deciding vote in q fair
md net dam Ia ffay, Of he oh rs of
against the encroachments OF the other.
Will Sit in Rehearings.
The new appointee to the bench will
take part In the reargument of the Stand
ard OIL and tobacco cases next October.
These cases. as Is well known. form tho
keystone Of the governments effort to
curb monopolies. Interests almost in
conceivable in value and extent depend
upon the courts Interpretation Of the law
Of the land applicable to these cases.
In a speech he delivered at Elmira. n.
T.. October %. 1906. Charles z. Hughes
stood on the subject OF trusts. He said:
I'VE do not want anything which will
interfere with business enterprise. We
1on't want anything which will interfere
With investments to give opportunities for
abor. We don't want to make IL dim
,ult for men to find employment.
But on the other hand we do want to
make ii difficult for anybody or for any
yet to unite together and prevent other
people from having perfectly fair and just
reatment We want to end discrimina-
ion In business.
II am for the antitrust act. I am
against the unfair combinations by which
people are deprived OF their chance to
ret to markets and by which independents
lave a hard time getting along. be-
ieve in the policy that has been adopted
Il making 1t absolutely impossible for
ecret agreements. for those measures
which are taken to put down the inde-
,endent competitor in this country.
His Views on Right Living.
There are two ways of looking a.
hings In this world. One way is to see
ow much you can. deprive your neigh
or Of and how much you can gather IN
or your own enrichment in every pos
ible way beating people down by grasp
lg and gripping and squeezing I'll.
lst drop of blood you can get out
tk.offc aaI a.