The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-07-16
POLITICS Is FACTOR
IN CHIEF JUSTICESHIP.

Boston Transcript: The late chief
justice Of the supreme court Of the
United States was no exception to the
rule that presidents nominate to that
high office with reference. Marshall
was a great lawyer, and he was also
a great Federalist. His most famous
decisions, notably in the Dartmouth
college case, pushed the federal power
into fields of administration therefore
debatable and intrenched them there
so strongly that his finding are now
maxinms Of government. Every one
or these is in strictest accordance with
Marshall's political antecedents. John
Adams we'll knew what he was doing
when, in the last week of his admins
tration, he secured the confirmation of
Marshall as chief Justice Jefferson
realized fully the head of the supreme
court and took both personal and
political satisfaction in refusing to
answer it's summons in the Burr trea-
son trial. Marshall, as chief justice,
survived his party and its party desig-
nation and was the last Of the great
federalists. fancy was Jackson's
right hand man as attorney general,
and as su chwas nominated and con-
firmed.
Lincoln appointed Chase from a va
rlety of motives. Chase was an emf
nent republican with leanings towards
the opposition republicans. He was
not exactly shelved, for no man who
becomes chief justice can be so dis
posed but the republican leaders OF
those anxious days who realized the
necessity of unity to success were
secretly glad to see Chase placed
where his political ambition must, for
a considerable at least, be kept in
allegiance. Chief Justice Waite. had
had public career, passing from the
wings to the republicans before he
became one Of the counsel OF the
United States before the Geneva tri-
bunal In that capacity he greatly
distinguished himself by working out
aline of argument in the matter of
coal supply of confederate cruisers
which greatly embarrassed England
and correspondence asserted the sue
cess of the United States. His con-
tention, then a novelty, is now recog-
nized as a permanent contribution to
international law. His last public po-
sition previous to his elevation to the
chief justiceship was that of presi-
dent Of the Ohio Constitutional con-
vention, to which he had been elected
as a republican. So well known were
his political sympathies that he found
IL necessary to stop, by an emphatic
declaration a movement to make him
a compromise presidential candidate of
the republicans in 1876, his popularity
in Ohio counting heavily in the calcu-
lation of slate makers. Republican
as he was, Chief Justice Fullers pre-
decessor gave the republicans consid-
cradle anxiety for he had a strong
trine, and his construction of the re-
served powers Of the states was lib
eral In their favor.
There were points Of resemblance
between Chief Justice Waite and
Chief Justice Fuller in the political
circumstances antecedent to their APP
pointment Each had been active in his
party without holding office, as the
term "office" is usually "understanded
of the people" and without abandoning
the practice Of their profession. Fuller
as a young man was an enthusiastic
follower of Douglas, and thencefor-
ward he stood lby and for that con-
servative democracy OF which Presi-
dent Cleveland was the exempIar.
When Mr.. Cleveland selected him for
chief justice, he was guided undoubt-
edly by political and geographical con-
siderations. The Office had never gone
so far west and Illinois was a state
49, 49,. -
Atlantic. 1t had been said by Illinoisi-
ans who were in a position to be well
informed, that the appointment of Mr..
Fuller was secondary to President
Cleveland's preference for Illinois, and
that he first offered the honor to Chief
Justice Schofield of the supreme court
Of that state, who declined 1t for per-
sonal reasons. However, that may be,
it seems clear that passing over
democratic lawyers so much more con-
spicuous to nominate Mr.. Fuller, Pres
ident Cleveland was following policy
which promised him results he was par
which promised him results he was par
ticularly anxious to attain. There was
nothing novel, nothing irregular in his
course If he sought to place on the
supreme bench one whom he thought
earnestly loyal to those principles OF
government to which he himself gave
his heartiest allegiance. Other presi-
dents have conscientiously done the
same as Mr.. Cleveland. and future ex-
ecutives will stultify functions and in
fluence of the supreme court as the de-
terminate branch of our government
they elevate to the chief justiceship
men equally conscientiously bound to
opinions os to the public veal the re-
verse of those of the appointing power.
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