The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1921-05-24
TAFT BEST FITTED
FOR CHIEF JUSTICE,
HAPG00D ASSERTS
Writer Believes Former Presi-
dent Would Exercise Better
Influence There.
~ NORMAN HAPGOOD.

III william Howard Taft becomes
Chief Justice OF the Supreme Court,
as seems likely, he may exercise more
lasting influence than he did during
most OF his term as President.
The Chief Justice has no more to
say about decisions than any as
sociate justice, but he assigns the
writing OF the opinions, which means
something. Also he Is responsible
for keeping the work moving. That
is a point at which Chief Justice
White was strong. He worked and
msdc others work.
But the great influence ] speak OF
does not rest on being chief. 1t rests
on being the ninth man on the court.
This is the only nation in the world
i'm which nine men, appointed for life.
tell the people what thev are per-
nit ted to do.
MAY TURN THE SCALE.
Just now the big cases turn on
economic and industrial issues. Back
in CleveIaind's time the court was able
to prevent an income tax.
At present the reactionary element
on it is principally occupied In pre-
venting legislation to limit certain
uses of property against the public
welfare. The court 10 so evenly d.
vided that the new appointee may
turn the scale.
Mr.. Taft will be sixty-four years
old when the court goes to work
after it's summer recess. He himself
first laid down the rule that man
ought not to be appointed after sixty
President Wilson announced ana
acted on the same rule.
However. rules are seldom absolute
~. .iy rule Ia rood a Ren-
erai guide, and 1t might well be made
rfty-fve. But had 1t been absolute
nineteen years ago it would have
kept off the court the most dis
tinguished Judge in America. or In
the English-speaking world.
WOULD RAISE HOLMES.
oliver Wendell Holmes, now at the
height of his powers at eighty. was
sixty-one when appointed. No one
else on the court was over sixty when
appointed.
Justice Holmes Is certainly the exN
ception. IL President Harding wanted
to use the forthcoming appointment
to honor brilliant and profound ser
vice, instead of making 1t in any oe-
gree POLITICAL, he would raise justice
Holmes to the position OF highest hon.
or and appoint an associate justice.
Inc GOSSIP thdb JuSti'V
or Justice Day may be made chief Is
presumably without any foundation.
II the place Is to be filled from within
the court. there Is no excuse for Sc
lecting anybody except Holmes
DECLINED HIGH POST.
The SIZES prepared by this Admin
istration are conceded TO De highly
tentative. II seems to be certain,
however. that ex-senator Sutherland
il to go on the court. but that he Is
10 wal. until successor liz needed to
Justice McKenna. Mr.. Sutherland is
fifty-nine He declined the position
OF Solicitor General, important as
that office Is.
In deciding on this appointment
President Harding will as formahty
get in consultation with his Attorney
General Asa matter OF fact, now
ever, the person who Is most likely
to be seriously consulted by him Is
Secretary Hughes.
Hughes has not only been on the
court himself, but when he was
pried away from private practise TO
accept his present position he was
the acknowledged head OF the Amer
lean bar.
when Hughes went to Washington
two and a half months ago plenty
Of Senators and other members OF
the political system thought they
could get rid Of him, and one OF
their favorite notions was putting
him again on the court. But Who
ever wins the argument in July be-
tween Carpenter and Dempsey, the
victory will scarcely be as complete
as Hughes has won over his oppo-
nents.
A welI-known professor in one OF
our leading law schools writes me
that he thinks Hughes ought to go
on the court. no matter how impor-
tant is his influence in the Cabinet
Most people, however, think he has
no right at present to lay down his
present work and l do not believe
ne will consider II.
There are comparatively young
men who have fully proved their
qualifications. Such are Roscoe
pound, dean of the Harvard Law
school. who halls from Nebraska and
4. fifty-one, and Judge Learned
Hand, OF New York, who Is forty
nine.