Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-16
HUGHES TO ENTER OFFICE
FACING GREAT QUESTIONS
New Chief Justice to Have Share in
Settling Many Important Issues
Expected Before Court.

due to the persistent efforts of Chief
Justice Taft.
Chief Justine Hughes will have great
prestige and power as head OF the
court but when 1t comes to passing
on questions before the court he Will
have only one Of its nine votes, In
that respect no more than any OF the
associate justices. Much OF the power
of the Chief Justice rests, after all.
on his personality and the weight OF
his influence on his colleagues.
Power Rests on Personality.
In the case of Mr.. Taft, that infiu-
ence was great. 1t was great in the
case of the late Chief Justice Edward
D. White. It was the personality OF
John Marshall, at once lovable and
compelling, that made him so profound
an influence with the court and that
enabled him to leave such a mighty
impress on the affairs of his country.
The visitor to Washington, looking
in upon the Supreme Court and seeing
nine robed figures sitting on the bench,
is likely to think of the court as 1t
appears when in session. Actually the
great work of the court Is done in its
conferences. usually on Saturday,
when the justices meet behind closed
doors In the conference room to 60 over
the business before the court.
Then it is that the petitions for
certiorari are taken up or questions of
jurisdiction discussed in cases appealed
from lower courts. Motions and cases
which are to be decided per curtain or
from the bench are considered. In
short, it may be said that the whole
business of the court is weighed and
considered in these conferences.
Monday is opinion day, and on such
days, in addition to the opinions which
are handed down by each member Of
orders, rulings on motions, per curtain
decisions, findings on petitions for
certiorari and the like. But in making
such announcements he is speaking for
| the court which has previously taken
all these matters into account.
Sometimes it Is said the Chief Justice
has great power because he can assign
cases to particular members Of the
court. This, however. does not take
decisions of the court on cases which
have been argued before it are reached
in conference.
Let us suppose a case has been
argued. Probably on the next confer
ence day the judges will take up the
case. Each justice, beginning with the
associate justice last appointed, and
ending with the Chief Justice, will *
press his opinion as to how it should
be decided The matter will be thrashed
over.
Dissenters Prepare Own Opinions.
| If 1t is not clear how the majority
stand 1t will go over to another con-
ference and be further discussed. When
| it is clear that a majority has reached
meeting of minds the Chief Justice
will assign some one to write the
opinion, or some member of the court
in the majority may ask to prepare
the opinion and be allowed to do so be-
cause of his familiary with the case.
After the opinion Is prepared it is
brought up in conference and may
have to be revised again and again be-
fore 1t satisfies the majority. If one
or more justices dissent It rests with
the disSenters to prepare an opinion,
or opinions, differing from that of the
majority, When opinion day comes the
reads it. but long before he reads it
the whole court knows fully what it
contains.
Court Now Conservative.
So, it is plain, the Chief Justice does
not shape the course of the court in
the sense that he can sway it by any
process Of administrative authority.
But he can be vast influence through
his personality and his grasp Of the
law
The trend of the Supreme Court now
Is conservative. Chief Justice Taft was
a conservative and so is a majority of
the court. Mr.. Hughes is a conserva-
tive, and it may be expected that the
court for some time at least will veer
little from the road 1t has followed in
recent years.
Much is being written about the
possibilities that the court will be
made over'' by President Hoover in
his present term of ONCE This. how.
ever, is highly speculative. There are
three members Of the court eligible for
retirement. They are Justice Oliver
Wendell Holmes. who will soon be So;
Justice William Van Devanter and Jus
tice Louis Dembitz Brandeis. Justice
for retirement, has not been in the best
OF health for the last year or 30.
Justice Holmes Still on Job.
But such men as are on the Supreme
Court bench are not given to quitting
active life. So it is a sheer guess to
discuss their retirement. Every year for
more than is years there has been q
crop of stories that Justice Holmes
would retire. This remarkable man is
not only still on the bench, but he is
as Woodworking as ever, is vigorous
physically, keen intellectually, and
known as one of the most progressive
| jurists of America.
Justice Holmes and Justice Bran
deis are the most frequent dissenters
of the court, though Justice Harlan F..
/ lafa Fnf
tice, often finds he cannot so along
with the majority. Justice James
Clark McReynolds, Justice Pierce But
Ter and Justice Edward T. Sanford
none of them eligible for retirement
are generally found aligned with the
conservative majority.
Court Year Begins in October.
The Supreme Court begins the year
of the october term. The year may
be said to end with the recess In June.
In addition to the recess from June to
1 October, the court recesses several times
each term for period of two or three
weeks.
This might convey the idea that the
court takes life easily. AS q matter
Of fact, the justices are busy through
the recess in their offices at the Capito
or in their homes working on cases and
giving thought to decisions.
The Chief Justice takes his share Of
the work Of preparing decisions. Some
of the members of the court find them
selves busy not only six days week
but also on Sunday. The courts re-
cesses may be frequent, but the Chiei
Justice and his associates find few fur
'loughs from duty.