The New York herald., 1921-05-20
FRIDAY. MAY 20, 1921.
Chief Justice White.

1t is almost amazing 10 realize,
when reminded of it by the death
of EDWARD DOUGLASS WHITE, that the
life Of this Government can be meas
ured by the mature careers of eight
men. From JAY to WHITE there have
been only that number of Chief JUS
tices of the Supreme Court of the
United States. Four generations
132 years-haye passed since "the
most imposing judicial power ever
constituted by any people" as De
TooUEvILLE called it, was created !:
yet chain of only eight links has
spanned from the eighteenth century
we'll into the twentieth.
All in all, that small procession has
been the most worthy in the history
of the secular world. No nation can
point to a finer unbroken line.
whether in statecraft or the law.
Whatever her national failings and
mistakes, America has at least In one
respect magnificently succeeded. She
set up the highest tribunal of justice
that ever rose under heaven and she
has seen it triumph over all the
doubt with which the experiment was
assailed. No small part Of the sue
cess of this greatest of courts has
been the character of its Judges and
particularly of its Chief Justices. For
4 fine example Of these it is not neces-
sary to hark back 70 JAY or MAR
SHALL. The man who dued yesterday
was great judge.
The rule by which our highest Fed
eral Judges are chosen is, naturally.
the elevation of the fittest. Yet in the
case of EDWARD u. WHITE there was,
nearly thirty years ago, the element
OF accident. Upon the death Of Jus
tice SAMUEL BIATcHFoRp in 1893 Pres
ident CLEVELAND named WILIAM =.
HoRyBLowER for the Supreme Court
bench. Mr.. CLEvEIAND's greatest po-
htical opponent. Senator DAVID B.
HILL, prevented in the Senate Mr..
HoRNBLowEB's confirmation. The
Presidents next choice. WHEELER II.
PEcKHASf, met with the same treat
ment. On February 10. 1894. Mr.
& CLEVELAND named EDWARD ID. WMtTE.
then a Senator in Congress from
louisiana HILL drove the Presi-
dent to the canebrakes for an ac-
ceptable candidate" said political
critic of that day.
The nomination of Mr.. WHITE was
Immediately confirmed, Senator HILL
having been anxious only to prevent
rhe appointment of any New York
lawyer, no matter how eminent, who
opposed him politically. So 1t came
about, through the vengeance OF n
very practical politician, that the
great legal mind of WHITE was put
at the nations service.
But it was through no accident
that EDWARD D. WHITE became Chief
Justice, although his elevation was
almost as much of a surprise as his
appointment had been seventeen years
before. On the death of Chief Jus
tice FULLER in 1910 President TAFT
was generally expected to find his
successor outside the bench itself.
This had been the custom. But Mr..
TAFT. with n courage that was adj
mirable, chose not only an Associate
Justice for the chiefship but named
federate veteran. This was Justice
WHITE. who already bad shown the
broadness Of his mind and the keen
ness Of his judicial vision
As an Associate Justice Mr.. WHITE
had proved his Independence and the
clarity Of his intellect in his dissent
ing opinions ia the Northern Securi-
ties and income tax cases. As Chief
Justice, welding the pen OF the
courts Majority in some OF the most
important economic cases that ever
came before the court. he added 70
The good opinion Of his qualities
which the country already held. II
was hc who set forth Ia language
which will be quoted for years. per-
haus for centuries. the principles
on which our corporation laws must
no construed. His Eight Of reason
decisions IN the Standard OIL aud
American Tobacco cases meant the
future application Of common sense
to the use of antitrust laws
Never did thc Chief Justice look
upon his court as merely a cold ma
chine of Justice based on precedent.
To him. MS he once said, that court
was mot mn institution separate from
tire country, restraining and control
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