New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-06-23
TINE UTGHES ST4NDARD.

The explicit declaration Of Justice
Hughes concerning the possibility that
he might be the unanimous choice Of the
Republican convention. PLEASE stop
any effort on my behalf, as nomination
lin any event would be declined sets
up a standard Of patriotism which must
command universal admiration. Under
the circumstances which existed nj CHI
cago we do not think that the accept
ance Of nomination. If necessity had
forced il upon him. would have dragged
the courts into politics or In any way
detracted from the respect for the bench
which the justice is rightly 50 careful
10 uphold. Nobody could accuse Justice
Hughes Of intrigue Everybody under
stood his devotion to the Supreme Court
and his happiness IN II. The acceptance
Of such n nomination would everywhere
have been regarded rs personal sacri-
fee on his part to perform a larger pub
lie service. not merely TO his party but to
his country. Men Of all parties would
have agreed that the nation was entitled
10 the leadership Of its best men wher-
ever found. and that "A man drafted for
the Presidency Of the United States In
spite of himself could not be reproached
with unfaithfulness 10 any other trust.
But holding a different view Justice
Hughes could he faithful to himself only
in maintaining Il, and the stand which
he has taken must have for the future
powerful effect on other judges TO whom
political Office may appeal less az duty
than as n temptation.
Justice HugheS's ideal Of judicial de
votion goes beyond anything hitherto de-
manded by public opinion or by the
practice even Of the most honorcd
Judges. The we'll known ambitions Of
Chief Justice Chase were indeed criti-
Davis and Harlan were considered at
one time or another as Presidential posi-
bilties without rcproaCh. In this state
the judiciary has long been stepping
stone 10 politics The standards of tire
Court Of Appeals should certainly not
be lower than those Of the United States
Supreme Court Yet Chief Judge Church
was VIGOROUSLY eager for political
power and was severely blamed by Sam
ucl J. Tilden. not for readiness 10 take
office, but for selfish intrigues which Mr..
Tildcn thought unbecomlng. His sue
cessOr, Chief Judge Folger, thought II
no offence TO leave the bench for the
Cabinet. and still later Chief Judge Par
ker not only accepted but sought Pres
idcntial nomination. Mayor GaynOr left
the Supreme Court for his present Office.
as did Senator O'GOrman. Justice Her
rick and Justice Van Wyck are recent
instances Of n tendency toward politics
on the part Of our Supreme Court judges
which has persisted from the days when
Ambrose Spencer combined the func-
tions Of Chief Justice and party leader
and Daniel u. Tompkins stepped from
the bench TO the GovernOrship and the
ePresidency.
Other states have been no more par
ticuIar. The list Of Senators, Cabinet
ministers and governors who have not
considered judicial Office a call to last
ing devotion is long one. Perhaps too
long In face Of the attacks made upon
our courts, and the necessity, If our con
stitutiOnal bulwarkS Of ordered liberty
are to be preserved, Of commanding for
them a deeper reverence based on II
firm conviction Of their disinterested-
ness, the example of Justice Hughes can
not but be Salutary. His is new and
advanced standard Of judicial propriety.