The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1923-10-22

| L----i united states supreme Court is
simply body of nine very humane
men.
More s ace might be taken to show
how they are as apt as other men to
be victims of their own prejudices,
each the creature of the class from
which he came, each pretty well fixed
1 in the philosophy which made him
|successful as practicing lawyer and
finally led to his being chosen for the
highest place on the bench.
Most OF them, naturally made their
regulations as corporation lawyers, ad-
! vocates Of the interests of powerful
clients, for that is the path of oppor-
( tunity-or, at least, OF weath-in the
law.
In this respect the present United
States Supreme Court is no different
| from its long line of predecessors. The
complaint has been continual since thu
court was first organized that it's
members have been selected chiefly
from among the defenders of great
| property interests.
The one name about which a greater
tradition of legal learning has been
built than any other, that of John
Marshall. does not present a picture
or sheer judicial grandeur to modern
| investigators.
Marshall Human Person
They do not see him now as an
aloof embodiment of abstract Justice
but as a very human person with
keen, personal ambition Some share
Thomas Jeffersons estimate Of him,
rather than Albert J. Beveridge's.
Jefferson regarded Marshall's pres
ence on the bench as a public calam-
ity. Just to accentuate the realization
that John Marshall was as human as.
for example. Pierce Butler, the latest
appointee to this same bench. hear
this description of him, written in his
own time:
He is tall, meager. emaciated; his
muscles relaxed, and his Joints so
loosely connected as not only to dis
qualify him apparently for any vigor.
Gus exertion OF body. but to destroy
anything like harmony in his air or
movements"
Did Own Marketing
Marshall dressed shabby. some
times carried his own basket TO mar.
lset. travelled in an antiquated We
hicle and generally shocked those
who would have preferred to see the
chief justice surround himself with
ali the elegance his position and per-
soual fortune would have permitted
His personal fortune was large. The
son Of modest PLANTER, he owned
before he dIed-partly in consequence
OF decisions handed down from his
own bench, though he, as was the
custom. refrained from participating
IN these decisions-the greater part
Of the great Lord Fairfax estate in
Virginia
Harding Critfsed
The present national controversy
over the United States Supreme Court,
however is not a controversy over
personalities. Criticism was made of
President Harding that he leaned to.
ward reactionaries when making the
four selections that fell to him The
same criticism was made of Presi-
dent Taft when he made his six APP
pcintments.
The demand is constantly made I'm
the liberal press that lawyers, who
by temperament tend to put human
rights above property rights, should
have larger representation on tho
bench. Perhaps presidents cannot
find many such lawyers.
In any case, little progress toward
curbing the United States Supreme
Court Is likely to result from attack
ing its personnel. II so, the curb
would have been applied long ago.
Harsher things have been said about
earlier supreme courts than you have
heard concerning the present one.
Opinion Attacked
OF one Of John Marshall's opinions
in 1919, a Philadelphia newspaper
said: "a most lamentable sophistry-
the most fiimsy and false attempt at
reasoning in the annals of any ma
tion--a monstrous tissue of weak
ness" Ohio newspapers charged the
court had "arrogated to themselves
an authority as we'll above the laws
as above the Constitution ITSELF
"A silk.gowned fogydom, goodly
portion of 1t imbecile with age, a por-
ton anti-republican in notion-wedded
to Anticipated doctrine" was the char.
acterization of Athe court by a news
paper in 1854
1T is high time the insolence and
tyranny of our federal judges should
be rebuked and punished" said the
New York Tribune in 1855. This
same newspaper three years later
termed the judges of the Supreme
Court, "a handful of political subal-
terms Of the Federal Executive, his
creatures and tools. appointed on par
tisan grounds and for political rea-
sons"
Jurists Scored
The New York Independent used
this language in 1867: "a sorry at.
tempt OF Ave not very distinguished
persons to exhibit themselves as pro
found jurists. whereas they have only
succeeded In proving themselves. to
be very poor politicians"
The New York Herald, criticising
the same decision. called it ''twaddle. :"
The Washington Chronicle observed
that treason, vanquished upon the
battlefield and hunted from every
other retreat, has at last found a Sc
cure shelter in the bosom of the Su.
preme Court"
The editors Used language In the
old days. didn't they? And yet the
Supreme Court went marching on.
Attacking the personnel of the court
seems to have Sci ed no purpose. If
you feel disposed to release your