The New York herald., 1921-05-23
The Chief Justices Title.

n reader or IHE NEW YORK HERALD
writes TO say that he was puzzled by
the use, in various newspapers, Of two
different titles for the late EDWARD
DOUGLASS WHITE. Some newspapers
spoke of him as "Chief Justice Of the
United States" others as "Chief JUS
tice of the Supreme Court OF the
United States
The Constitution provided In gen
eral way for a Supreme Court, but it
was not specific as to the Chief JUS
ticeship except to declare (Article l.,
Section 81 that when the President is
brought to trial on impeachment "the
Chief Justice shall preside" A stat
ute of 1889 referred to the presiding
officer Of the court merely as "the
Chief Justice" The Federdlist, re-
garded in the nations early life as the
greatest authority on the construction
of the Constitution, spoke of JOHN
JAY as "Chief Justice Of the Supreme
Court"
Let us seek further light In the
United States Statutes. Section 673,
enacted April 10, 1869, says that 'the
Supreme Court of the United States
shall consist Of Chief Justice of the
United States" &c. This would seem
te.be conclusive, but on the same page,
in Section GIG, enacted March 3, 1878,
and bearing on the salaries of the
Supreme Court Judges, we find the
longer title used 'sThe Chief Justice
Of the Supreme Court of the United
States"
In a communication to the Senate
during the Johnson impeachment pro-
ceedings SALMON p. CHASE signed
himself "Chief Justice of the United
States" Several resolutions offered
about that time in the Senate used
also the shorter title; yet in that
same period the presiding officer In
impeachment trials was referred to
in the Senate rules Of procedure and
practice as 'the Chief Justice Of the
Supreme Court Of the United States.
What is more, LINcoLN's appointment
of CHASE nominated him to be "Chief
Justice OF the Supreme Court Of the
United States"
In his recently completed Life OF
MARSHALL Mr.. BEvERIDGE refers te
his subject as "Chief Justice OF the
United States" JOHN JAY, writing
of his grandfather, the first Chic
Justice, refers to him as "Chlef JUS
tice Of the Supreme Court"
In sketches Of the late Justice
WHITE printed In the Congressional
Directory and "Who's Who"-and
such sketches are always referred to
the subject for his examlnation-he
Is entitled "Chief Justice Of the
United States" Turning to the Con-
0ressiondI Record of December Il,
1910, when President TAFT's nomina-
ton of Mr.. WHITE was confirmed by
the Senate, we find that the title used
is "Chief Justice of the Supreme
Court Of the United States"
Very likely the wording of Section
6T3 OF the Federal Statutes may be
accepted as final. 1t seems to define
the title beyond doubt: "Chief Justice
Of the United States" But IL 1t does
then that title has not been carefully
followed by the legislative body which
created 1t.
Between the two titles, either of
which is splendid enough, there Is no
confusion of identity; but there is a
difference In scope. "Chlef Justice of
the United States" carries with 1t a
sense OF breadth, OF all embracing
power, such as is not exactly encom.
passed by "Chief Justice OF the Su-
preme Court" Whatever the title is
and the Constitution left the door
open for both-it should be firmly es-
tablished and its use adhered to in
executive and legislative documents.
Doubtless the judiciary branch of the
Government makes no mistakes in del
ic.fa roaffarc 1il-a fhfa