Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-25

powers by the modern court in COM
parison with the changes wrought by
the genius of Chief Justice Marshall. It
would require a constitutional amend
ment to curb the courts powers, and 1t
is highly questionably whether the
people would be willing to take the
legal check off the actions of Congress"
The criticism of Mr. Hughes, in the
Judgment of the Rochester Times
Union, may be unsound, but men
have right to make it If they really
believe it. Inded it is not a disservice
to do so. Mr.. Hughes critics." con-
t1nues that paper, take the view that
there ought to be more men of the OUT
look of Justice Brandeis and Justice
Holmes on the Supreme Court. In TAX
ing 1t, they are doing something worth
doing. They call attention to fact of
major mportance--that is, the fact that
the social attitude of the judges of our
highest tribunal is a potent factor in
molding the decisions and the law Of
the future"
can evolutionary Supreme Court"
argues the Dayton Daily News, els
Americas most essential protection
against revolutionary movements. Sem
atots did not hesitate to fling these
facts in the face of the Supreme Court.
The court is human. Its members are
neither omniscient nor sacrosanct. The
shower of criticism was salutary thing
for Supreme Court which all good
citizens wish to be worthy of their SUI
preme confidence" The Little Rock
Arkansas Democrat adds: For the bene-
mt of those who believe that the king
can do no wrong, we quote no other
than William Howard Taft, retiring
Chief Justice, whom Mr.. Hughes sue
ceeds upon the bench. The opportunity
freely and publicly to criticize judicial
action he says, is of vastly more inn
portance to the body polite than the
immunity Of courts and judges from I'M
just aspersions and attacks. Nothing
tends more to render judges careful IN
their decisions and anxiously Solicitous
to do exact justice than the conscious
ness that every act of theirs is to be
subjected to the intelligent scrutiny and
candid criticism of their fellow men,"
The Kansas City Times holds that
''even If some of the criticisms of the
court were extravagant, the discussion
was timely and important, for we are
witnessing tremendous growth in the
power of public service corporations and
holding companies and the banking in
tereSts allied with them" Referring to \
the decision in the case of the Maryland
Public Service Commission, that paper
calls the dissenting opinion of Justice +
Brandeis zone of the most sweeping
and thoroughgoing of recent years." and E
concludes: We have no doubt that the
Brandeis opinion, though not prevailing, n
will be accounted among the most inn
portant thus far delivered on this SUBJ
Ject. The fact that such an opinion,
sustained as 1t Is by comprehensive re-
search and elaborate exposition, still is \
unprevailing, has given some concern
about the changing personnel Of the
court"
"Such an issue as the Hughes case"
maintains the Grand Rapids Press, lis
ready made TO challenge patriotism and
common sense. It calls forth defense,
pure and simple, of the Constitution and
the checks and balances which keep the
branches of Government separate" The
Spokane Spokesman Review suggests
that many will wonder IL this attack
upon MIR. Hughes in the Senate Is not
notivated more by envy and fanatical
and partisan rancor than by sincere de-
votion TO the public welfare" The Flint
Daily Journal thinks that perhaps Mr..
Norris would have been better pleased
standing ability that his services were
desired by those who desire the best
legal talent to be had"
Senator Norris could find out, II he
tried, what Mr.. Hughes did for the
people of New York State as governor
toward the checking of greedy public
service corporations" argues the NewN
York Sun. and the Charlotte Observer
comments: THE good faith of an emil
nent lawyer was In question. and the
final vote gave established confidence ON
the part OF the Senate in the good faith
Of Mr.. Hughes 1t Ii q very remote
possibility that this vote Of confidence
tice; but, on the other hand, in the
course of time. the Hughes record on
the bench is likely to establish full and
complete vindication for the wisdom OF
the Senators responsible for his &C.,
ton 70 the position nt Chs Smanace.g