The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1921-05-19
GOVERNMENT SUPREME

WI. Wnlte > flfSt opinion on the bench
indicated that he was a strong adherent
OF the school of Chief Justice Marshall.
The hope of the republic, he insisted at
every opportunity, lay in the supreme
power OF the federal government to con-
troll its affairs and his dissenting opinion
to any decision which seemed to him to
nave the least tendency toward under
mining that power, are cited as master
pieces of logic and eloquence.
The chief justice departed from the
usual judicial tenor of the bench to warn
against attack upon the federal power
He declared that the proposition that
Congress could not regulate the election
or United States senator's was "a suicidal
one and he predicted that legislation
covering the point would be enacted
His rule of reason decisions in the
| tobacco and Standard Oil antitrust
cases called the attention of the public
| to the fact that he intended to inter-
pref the law according to the formulate
of moderation as well as cold logic.
Filing the opinion for the majority Of
the court the chief justice refused to
cohstrue all combinations as in viola
ton of the law, unless the restraint
they exercised against trade was ''un-
reasonable"
NO NOTES NEEDED
BY far the majority of Mr.. Whites
opinions were extemporaneous. He
was said by competent authorities to
have been unequalled in his ability to
analyze orally and without notes in
tricate legal propositions, quoting
precept and precedent with absolute
accuracy as to his citations. Frequent
| ly, after having prepared formal
opinion upon an important case, the
chief justice would neglect to pick 1t
|up and talking to the always large as
semblies of distinguished lawyers in
the chambers as might teacher to his
class, would deliver an entirely diff
fercnt opinion as to language inter-
spersed with flashes of vigorous ex-
pressions not to be found in his pre-
pared copy.
Thus, in denouncing the form in
which the Lever act was drawn, he
declared that the statute was as
broad as human imagination and
| left to each separate jury the deter
mination of the degree of guilt" of
any alleged violator.
| No chief justice since the first has
had more important tenure of office,
according to students of law. Occupying
a place in the court for 81 years Mr.. White
participated in Judgements which decided
the fate of the income tax, direct pri-
mary, prohibition and the woman suffrage
amendments, as well as the issues of the
| tremendous legal battles which grew out
! of the antitrust laws, and commerce
regulation laws.
| With the opening of the World war the
| court was called upon to decide the
validity of the selective service and
espionage acts and of many others adopt
ed in the period of national crisis.
ATTITUDE DECEPTIVE
! Chief Justice Whites attitude in court
| mis- n
initiated attorney. Almost invariably he
would reclne in his high backed chair
his hand over his eyes as if doing. But
| the least divergence from the set rules
of the court or the slightest attempt to
impose on the time of that body, immedi-
ately brought reaction.
Counsel may proceed on the assump-
| ton that this court knows the law"
he suddenly shot at famous lawyer.
who had wandered afar in his effort
to translate the meaning of statute.
Mr.. White considered the chief JUS
ticeship as equal in Importance to the
presidency. according to intimate
friends. 1t is related that on leaving
Louisiana to come to Washington, he
confidentially expressed the hope that
il fortune offered him the opportunity
of either post. it would be the seat Of
Marshall and Rutledge
In international affairs, Mr.. Whites
Influence was felt in the arbitral award
determining the boundary line between
| Costa Rica and Panama. Called upon
in 1911 to complete the work begun by
| President Loubet of France, in fixing
a boundary between the two countries
he arrived at a decision which the
American government is now insisting
Panama shall accept and cease the dis
ute with her neighbor on the ques
ton.
WAS GREAT WALKER
During recent years Mr.. White in
dulged in no exercise except walking.