Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-07-03
CHIEF JUSTICE TAFT

WILLIAM HOWARD TAFT
w has been appointed to fill the
vacancy caused by the death OF
Chief Justice White on the SUI
preme court bench. The appoint
ment is not unexpected. It has
been forecasted in Washington for
some time past and has met with
general approval from Republican
and Democratic newspapers, prom
inent individuals, and the public
generally. We think 1t safe %
say that this appointment BY Pres
ident Harding will elicit more gen
eral satisfaction and approval than
any appointment he has made up to
date. Assuming that confirmation
bv the senate is made. as it Will
undoubtedly be made, Chief Justice
Taft enjoys the unique distinction
Of being the only man in the his
tory Of our republic who has been
selected to hold the two highest
offices in the republie-president
and chief justice. There has been
much discussion as to which is the
highest and most honorable office.
Each is the head of one OF the
three Independent departments OF
the government, the executive and
the judiciary, but they are very dif-
ferent in their functions. The CHIEF
executive has all the power OF that
department lodged in his sole grasp.
He is an autocrat, except as MS
power is checked and limited by
the legislative department and IN
case of dispute as to authority
granted him by the legislative de-
partment or the constitution,
the judicial department has the
final word to say respecting
executive authority. 1t is the
interpreter of the constitution
and the laws Of the United
States. and the dictum Of the SUI
preme court is the last word in that
respect. There is no appeal from
it's discussions except through rev.
olution.
But the office of chief justice
carries with it no such sole author
ity as attaches to the office OF
chief executive. His voice is no
more weighty in decision than is
the voice of any other member OF
the supreme court. 1t merely car
ries with it the honor of presiding
over the deliberations Of the su-
preme court and few hundred dol
lars in additional salary. The
power of the supreme court rests
in the whole body, of which the
chief justice is only one unit. The
appointment lasts for life. A pres
ident, acting with the senate, can
make a chief justice but neither OF
them, or both Of them acting to-
gether, can unmake him. 1t re-
quires articles OF impeachment pre-
sented by the house to the senate
and trial by the latter body, on
charges of high crimes and misde-
meanors in office" sustained by a
two-thirds majority, to impeach =
judge of the supreme court. It
has never been done. A supreme
court judge once made is supreme
court judge until he sees fit to re-
sign or death removes him from
the bench.
It is high honor that has come
to Ex-President Taft in his declin-
ing years. It is deserved honor.
Mr.. Taft himself says that he ap
preciates the honor as the greatest
that could come to him. He feels
that he is better fitted for it than
he was for the presidency. We
also believe that to be the case.
Mr.. Taft has held many high Of
fices. Few men have held SO many.
Practically all his life has been
given to the public service, 50 that
citizens have had an unusual chance
to criticize or praise his work. It
is our judgment that Mr.. Taft's
mind and temperament shows to
most advantage in judicial author
ity. He is a better judge than ex-
ecutive. Mr.. Taft is a Republican
and very strongly partisan at that.
He has always been regular"
But we are not afraid that he
will carry any partisanship into
the supreme court. The traditions
of the office and the air Of the
supreme court bench is fatal to
party. Partisan prejudice dies
natural death there very soon. The
supreme court is not a partisan
body, though at present it is COM
posed of men who in the majority
of cases were known as Republic