The Birmingham age-herald., 1912-06-21
Has Determined It Would Not Be Right to Accept
 Nomination
WOULD BRING COURT
 INTO POLITICS
Decisions Would Be Subject to Re- view by OppOnents-Ultimateiy Judiciary Might Be Made
 Less Independent

Lake Placid, N Y, June 20-Basing what he has to say upon personal ln- terviesthad with United States Surdeme Court 4Yustice Charles E. Hughes, Rabbi stephen Wise of New York, personal friend of the justice. who is in the sum mer camp here which is near the Hughes camp. today gave the Associated Press signed statement setting forth the real reason, he says, why Justice Hughes can not allow his name to be considered by the convention at Chicago.
 His statement: 'I have just come from a visit to Justice Hughes at Camp Abe naki, Lake Placid, and deem it of inn portanee to set forth the reasons as l understand them. which have led him to refuse to permit his name to be consid- cred in connection with the nomination for President at the convention of the re- publican party in Chicago.
 Tt appears to one who is not unac- ouainted with men and motives that Jus tjce Hughes has succeeded in doing the extraordinary thing of viewing the whole question in an unpersonal and detached way.
 Determined It Is Not Right
 s.Ie seems to have asked and to his own satisfaction to have answered one ques- tion Is it right that I should permit my name to be used? His answer has been sNo.' and as far as another may judge, that answer has been received without ra- gret and repining. This No is the reas- oned and unalterable difficulty of an un- bending conscience.
 Tt is no little thing to say, but I may say that he would decline the nomination if rendered him.
 "Why? The supreme court must not be dragged into politics. A judge of the supreme court should not be available, though he be nominally eligible for active office. The moment he assumes the judicial office he ceases to be a partisan and knows or should know, no partisan obligation. The moment he accepts a party nomination one or more things hap pen and happen explicably.
 First a political party may undertake to capitalize the judicial decisions of it's candidate. than which nothing could be more deeply violative of the spirit of the judicial institution. His decisions would moreover became subject To the partisan and passionate review of partisan strife Worst of all. it is not inconceivable that if men are to step from the bench to elective office, decisions may ultimately be rendered with view to the con- tingency of such purpose and necessarily partisan review.
 Might Lessen Independence
 f''such situation would be certain to lessen the independence of the judiciary as it would inevitably impair the na- tion's confidence in the unswerving n- tegrity of the courts. Of what real and permanent value are the decisions of d judge today who on the morrow may choose, or be chosen, to sue for the favor and suffrage of the electorate?
 More important than the outcome of the present political contest, however large it looks at the present, Is the perpet- uation of the organic institutions of sov- ereignty of the republic. One such insti- tuition, coordinate with the executive and legislative is the judicial. The people rightly believe in the integrity and in compatibility of the supreme bench. The justices of the supreme court of the Uni ted States are privileged by virtue of the office to render service of the highest order to the nation. The performance of that service and the maintenance of the dignity of that office depend in largest part upon the will of the members of that court to suffer no personal ambi- ton for elective office, however great their gifts and though their fitness be in every other respect beyond question, to influence their judgment to affect the atllluue Ol the ndlOn lO the supreme court, as a tribunal, which, without per sonal aims and above private ambitions seeks to interpret the law upon the basis of the constitution of the United States.
 Not Exact Quotation
 '1n all this I have studiously refrained from exact quotation of Justice Hughes words, though perhaps it has been possi- ble to reproduce his thought with meas urable accuracy. As we parted, I turned to him and asked the final question:
 Do you not conceive that an extraordi- nary crisis might make it your duty to accept the nomination for President in order to render a great public service?
 "Unhesitating and unequivo>al was the answer.
 "1 hope that as a justice of the su- preme court I am rendering public ser vice and may continue to do so for some years. but the supreme court must not be dragged into politics. and no man is as essential to his country's well-beine as is the unstained integrity of the courts
 ''The answer was the measure of the man. Though he declined to be consd- cred for the presidency by the republican party. Justice Hughes remains moral asset of the republic"