South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-05-22
FORMER PRES'T TAFTS UNFITNESS TO
SUCCEED CHIEF JUSTICE WHITE

passing OF Chief Justice White OF thu
Supreme court Of the United States the question
Of his successorship naturally arises, and the hand
OF public opinion seems TO point to the published
aUdcipauons OF months with the suggestion OF full
hument. II TO be expected that Pres't Harding
will I'll the vacancy by the appointment OF former
Prest William Howard Taft.
The chief justlceship Is a position second only TO
that OF the presidency in Importance fact,
in many respects the chief justice embodies more
authority dignity than the president. II It were
possible strike a balance It could probably be
demonstrated that during his long tenure Of office
more than a quarter or a century-the total
OF the influence OF chief Justice Whites activities.
the nation a whole and the individuals COM
posing It. been greater than that Of presi'
dent who has served during the same period, with
the possible exception OF Woodrow Wilson. In this
view OF the matter. the appointing of a successor
will be one Of the most II the most. important
duties that Prest Harding will be called upon to
perform.
A year ago two years ago, perhaps at any time
during the eight years the suggestion of the
name OF ex-Pres't Taft would have met with con-
adorable approval by the masses OF American peo-
pie and that regardless OF party. During the eight
years that have passed since Taft left the white
house. he has undoubtedly grown tremendously In
public esteem but during the last year Is months
changed
matter OF vital importance to the American people
and the worId-and seemingly always for wantOn
political expediency-that his elevation to the high
est court IN the land. presumably, at the least a
bipartisan court, might almost be suggestive Of
the caamitous
It will be recalled that Mr.. Taft was president of
the League 10 Enforce Peace. American institu-
ton organized before we entered the war existing
throughout the war and always advocating, even
through the trying days Of the Paris peace confer
ence the organization OF some such institution
as the League OF Nations 1t has been and is
matter OF record and published correspondence
that many Of the articles of the League covenant.
including Article 10. were Incorporated therein on
the suggestion OF Mr. Taft as president OF the
League Enforce Peace. The American people
we'll know Of his covenanter articles published about
the time that Prest Wilson returned from Paris.
defending the League covenant IN It's entirety. and
excoriating Sen. Lodge of Massachusetts, and the
senate foreign relations committee their oppo-
stion TO IT, Then came the period of political ex-
Pediency following the republican national con-
venuon at Chicago, and Mr. Taft weakened very
perceptiby, though still insisting along with secy
Hughes Herbert Hoover Euhu Root and others,
that Mr.. Harding elected would accept
the League covenant with slight reservations and
amendments. Recently, since Pres't Harding's
sage to congress Mr.. TatG for further political
pediency appears have deserted the League cove
nant entirely and has decided that such institu-
ton Is not desired all. That may be evidence OF
a distinotively judicial mind" but fear the
IolGcal hues.
One thing that has been the purpose. or at least
the desire OF the American people from the founda
ton of the republic has been TO keep the supreme
court or states free from partisan bias.
II has broken over at times. and shown its major
complexion, IN the Insular cases the income tax
case back in the 9Os and several others. However.
az rule. the has measured up pretty well
60 popular expectations in that particular but we
doubt very much il Mr.. Taft on the supreme court
bench especially # welding tie influence of chief
justice could in the light OF MS recent antics be
trusted TO totally forget his PARTISAN connections.
Ex-Pres't Taft is ostimable gentleman, yes; he
has q very agreeable temperament which of course
means affabiity for those with whom he comes
in contact more or less naturally. the members
and leaders Of his party. Better then. by far,
II for no other reason than the public peace of
mind that some other person should be picked
TO succeed Chief Justice White someone perhaps
with larger measure Of independence and a
smaller measure OF party subservience The purpose
OF the supreme court is administer the law, not
politics; find applications Of the law as congress
passes 81 rather than It may affect the outcome
OF the next campaign.