The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-08-02
TOPEKA STATE JOURNAL
Information Bureau
FREDERIC ]. HAsKIN, Director.
Washington, D. G.
WEARERs OF THE ERBIINE.

dent, according to his close friends,
is more pleased with the new post of
great dignity which he now occupies
than he was when the greatest office
in the gift of the American people
the Presidency-was his.
Mr.. Taft is the tenth chief justice
of the highest tribunal of the land.
Since the court was. created in 1883
the successive presiding heads have
been John Jay, of New York; John
Rutledge, of Sou h Carolina; Oliver
Ellsworth, Of Connecticut; John Mar
SHALL of Virginia; Roger P. fancy.
of Maryland; Salmon p. Chase, of
Ohio; Morrison r. Waite, of Ohio;
Melville w. Fuller. of Illinois; ard
Edward Douglas White, of Louisiana,
who died recently.
1t is a curious fact that the man
who was called the father of the SUI
preme court later became chief JUS
tice - Senator Ellsworth. He was
senate which drafted the measure
creating the court and the entire
judiciary system for the United
States. The bill was approved by
George Washington, then president
almost as soon as it was p resented to
him, and he sent to the senate the
names OF the first justices, which were
confirmed without opposition. The
first court consisted of Chief Justice
John Jay and Associate Justices John
Rutledge, of South Carolina; James
Wilson, of Pennsylvania; William
Cushing. of Massachusetts; Robert H.
Harrison, of Maryland, and John
Blair, of Virginia. Bushrod WASH
ington, a nephew of President Wash
ington, earnestly besought place on
the bench of the supreme court, but
George steadfastly refused him be-
cause. of their relationship and to
guard himself from the charge of
Partially to relatives which would
certainly have been made had he
made the appointment.
The first three chief justices were
prominent in the colonies aid the new
nation as statesmen and revolutionary
leaders. Jay had been one of the
trainers of the constitution, had 0een
minister to Spain, president of the
congress and chief justice for the state
of New York, and had negotiated the
peace treaty of 17S2-S3. Washington,
who appointed the first three chief
justices, gave Jay his choice of posts
under the federal government, and su-
preme court was the choice. His Of
fetal life in that post was brief, as
tees.
After negotiating the peace treaty
with England and upon his return
here, Jay, having resigned as CHIEF
justice, was elected governor OF New
York. Jay, despite his accomplish
bigot, and sought to exclude Roman
Catholics from American citizenship
but failed.
A Six Months Tenure.
John Rutledge, the next chief jus
tice, was appointed in 1895. when Jay
resigned, but held office only six
months. the senate havin. rejected the
nomination because of his opposition
to the Jay treaty. and because of al
legged mental infirmity resulting from
exposure in the swamps of South
Carolina during the Revolution. He
was a delegate to the first congress,
held in New York, and in 1874 was
sent to the Continental congress- He
was the first governor of South Caro-
lima.
Ellsworth was appointed in 1876.
He was prominent as a statesman DUR
ing the latter part of the Revolution
airy war, and credit is given lin for
st;- nding out against the dominance o!
the larger states, and securing equal
representation in the senate for all OF
the states. He held out strongly and
successfully for maintaining the SOW.
ereignty of the state governments. AS
youth he started to study theology,
but changed to the law and soon at
tanned success,
John Marshall. the next chief JUS
tice, was appointed by John Adams a.
month before the inauguration of
Thomas jefferson, and served from
1901 until 1895. Marshall was SOL
der during the Revolution, fighting at
Brandywine, Germantown, Iron Hill,
Monmouth and Stony Point, and was
with Washington's troops during the
terrible winter at Valley Forge. Mar
shall was responsible for the decision
that the supreme court is the judge or
the laws of the land, and that laws in
conflict with the constitution shall\not
stand.
Marshall was the last of the revolu-
tionary heroes and statesmen to be APP
pointed as chief justice. Roger B.
fancy, who was appointed to succeed
Marshall, was scarcely of age at the
time of Washington's death. His ap-
pointment was made by President
Jackson, and he served from 1886
until 1864. The senate Refused to con-
firm fancy as secretary of the treas
ury, the first time nomination to q
cabinet post was turned down.
fancy married a sister of Francis
Scott Key, author of the national
anthem. He had the strictest regard
for official integrity, and there is a
story that he refuse box of cigars
from one of the officials in the treas
ury department while he was Mt its
head.
Salmon P. Chase was appointed by
Lincoln in 1864 He was elected to
the senate twice. but the second time
resigned almost Immediately, asI Lin
coin made him secretary of the treas
ury. He ranked high as a financier,
but resigned because of a disagreement
over an appointment in his depart
ment. Lincoln soon afterward named
him as chief justice. He suffered a
stroke of paralysis in 1870, and until
hts death in 1913 was an invalid.
! Morrison Ren1icK Waffa SnCCeade0
him, being appointed chief justice in
1874 by President Grant. He was
| generally regarded as not measuring
! up to the stature of others who had
| held his high office.
Income Tax Decision.
! Melville Weston Fuller was ap-
| pointed chief justice by President
| Cleveland in 1883. 1t was under his
| leadership that the income tax was