Evening star., 1924-10-12

As the head of the American judi
! cial system. possessed Of powers
which enable it to pass on the con-
stitutionality Of the acts of the Presi-
dent, Congress and the States, and
invested with permanency which
makes ii independent OF changing
public opinion, the Supreme Court is
in many respects the most powerful
factor IN the American political sys-
| TEN and the greatest judicial organic
alton in the world. Receiving ap-
pointment from the President, upon
confirmation by the Senate, the nine
justices of the Supreme Court pass
beyond the power of either, except
under a process of impeachment in
which the House must act as grand
jury and the Senate as the court of
impeachment.
The judiciary OF England is re-
Garded as the best example of the
supremacy of Justice in Europe. but
the highest English occupant of the
bench must be removed by the King
upon the request of PARLIAMENT. A
Justice of the Supreme Court of the
United States can be removed for no
other cause than high crimes and
misdemeanors. which have never
been charged against any justice ex-
cept Samuel Chase, who was i'm
ted by the Senate in 1905. His i'm
peachment grew out of political opin-
ions held and EXPRESSED by him, and
did not involve the integrity of the
man.
Recently it has been suggested that
the Constitution be amended to pro-
vide that none but unanimous or two
thirds majority decisions shall set
aside acts of Congress- but it is doubt
full that such an amendment will be
adopted for many years, if at all.
John Marshall the fourth Chief Jus
tice, is regarded as the greatest in
terpreter of the Constitution. CHIEF
Justice Marshall's decisions strength
ened rather than weakened the Con-
stitution. In the youth of the repub-
lie there were constant attempts to
break down the Federal authority.
John Marshall combated these through
his decisions, with the result that he
did much toward the preservation of
the Union when its continued exist
ence was in jeopardy. Today the de-
cisions of John Marshall are regarded
by lawyers almost as sacred as the
clauses of the Constitution itself, be-
cause both pointed in the same di-
rection, that of the solidarity and per-
manence of the Nation. Many a hot
fight was engaged in by the old Chief
Justice to win his points, but he new
err wavered. His term of S5 years
was the longest served by any Chief
Justice. John Rutledge, who served
less than year, had the shortest
term.
The Seats of the Mighty.
The Supreme Court presents no.
table personnel as now constituted.
William Howard Taft, the tenth Chief
Justice of the United States, sits with
an associate justice, Mr.. Van Devan-
ter, whom he appointed. Mr.. Taft
came on the bench to fill the place of
Chief Justice White, whom he Ralso
appointed as Chief Justice. He is the
first man to hold the two highest Of
| fees in the United States, those of
President and Chief Justice. There
are four justices appointed by Presi-
dent Harding, an unusually large
number when it is considered that
Mr.. Harding was in Office less than
three wears. The Harding appointees
were Chief Justice Taft and Justices
Sutherland, Butler and Sanford.
Usually the members of the court
anuarently take little interest in what
an attorney is saying, and to the
spectator it would seem that the at
torney might just as we'll omit his
oral argum ent and trust to the briefs
he had previously submitted. But if
any one thinks that the court is not
paying attention, let him watch an
attorney stray away from the points
his argument is expected to cover or
misquote a former decision of the
court; he will at once discover that
the court is ready to remind the at
tofney of his error.
There is perhaps no other body in
the world which conducts it's busi-
ness in q more impressive way than
! the Supreme Court. With the excep-