South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-06-21


Notwithstanding that this is the first case Of record
OF member OF the supreme bench resigning enter
the race for political Office whether under conditions
proving previous interest il is generally well
recognized that politics has played considerable part
in the makeup deliberations Of the court.
from the days Of Chief Justice John Jay, and
pecially since CHIEF Justice John Marshall no
bones OF IT, Chief Justice Roger Brooke fancy APP
piled merely his liking the notorious bred Scott
decision
Neither is modern history exempt. Take the income
and the insular cases decided by the bench
which Chief Justice Melville w Fuller presided.
In the first Of these changed opinion By Mr. Justice
Brown unmade that law over night back in early
nneties along absolutely political lines republicans
being in the majority The insular cases are thoss
wherein held that the constitution does fol-
low the flag" Porto Rico Hawaii the Philip
pines again along absolutely political lines, the repub
Leans being in the majority. Add these 400
OF and of the sarOus legislatures
that found their way to supreme court that
have been unmade during the last one-and -a-half
decades. in large majority Of the cases keeping
with the political complexion of the majority of the
judges In the face Of all this we will that
Mr.. Hughes has only gone a trihe farther than the
bench has been going. all the while increased
rate of speed. throughout the past century
In fact. has merely lifted quite entirely,
presenting the fullest hideousness
This condition things is what gave rise a years
to the agitation for the recall of judges. As to
questions involving the constutonaity of law Theo-
dore Roosevelt four years champoned the recall
judicial decisions a remedy. About the beginning
of this century the big questions puzzing the
bench and bar of America the rapid growth Of
judge-made law. Now it to be of ques-
ton Judge law. When the people, through
their legislatures bill and through
channels contest gets to the supreme court
where it found have political complexion
trary that of majority Of the judges. she
and the of the legislature of congress is I'M
Talk about bureaucracy Russia. palmiest
days couldn't candle to supreme court Of
the United States While highly dependable when the
question before it is a non-poitcal when
the law involves principle upon which the political
parties agreed still political activities the
construction unmaking laws behind which stand
principles which in dispute simply make the Rus
sion bureaucracy look amateurish.
And bar that court there lies no appeal.
Mr.. Roosevelt proposed an appeal the of hu-
mainly but that would be cumbersome and doubt
would be practical. We merely these
things passing show the lack of non-political
ethics the supreme bench-a possible for
Hughes, in what have previously termed his extra
judicial actions provided he has the open and above
board nerve to adopt it. And merely talking
here what the lawyers themselves are talking among
themselves in a professional way matters with
which the legal publications full. r. NJ Wanna
maker judge of the supreme court of Ohio, Sc
verely arragns supreme the United States
in a issue the Saturday Evening Post, and
even William Howard Taft, from his chair professor
of Yale has been very sparing along the
same line; particular reference being made to the
politico- judicial activities of the bench.
Prof Taft excoriates the Rooseveltian remedy-the
recall of judicial decsons.-and believes a patri-
otto politically colorless open-minded personnel with
certain amendments the rules of the court would be
sufficient all purposes. judge wanamaker pro-
poses amendment the rules requiring that all
decisions unmaking lawsdeclaring them uncOnstitu-
tonal.-should be by the unanimous opinion of the
applying the rule of reasonable doubt" and Of
moral certainty the it is applied in requiring
the unanimous verdict jurors criminal cases The
presumption holds should favor the consti-
utionality of the act and least than one
dissenting opinion should be permitted. This would
permit the minority party represented the bench
the majority somewhere into line. 1t is
not that the judges are dishonest their parti-
sanship colors their honesty. and with a bipartisan
bench. have usually had. a unanimous opinion
constitutionality Of a law with
single dissener would pretty nearly prove that there
politics reasonable doubt" to it.
In the face of these conditions, mistake if any
IN crltcisns Mr Hushes as we nave mas been due &C
our worshpDing a fetch, his republican de-
tenders have been doing-presumng the supreme cour
to be ethical body in keeping with the spirit of the
rather than the non-ethical body
so far politics goes. that il really is We in il
therefore the best the world Hughes
to say ne is judicial iconoclast. that, realizing
the thickness of the American head deter
mined TO do something raw enough in violation of th
pretended ethics OF the that maybe the popuac
could see. Why make of him a self-made martyr
dear republican friends. a noble cause? OF course
due TO his long association with the sham might no
/ improve his popular standing very much. in OF