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.
BY JOHN SNURE.

Will TAKE OdlA dS ALllcl
Justice to succeed William Howard
Taft. In view of the change in this
exalted office whereby Mr.. Hughes be-
comes the head of the national judici-
airy, the time is opportune to consider
the problems now before the court OF
those which in the next few years il
inevitably will confront.
Also. it is opportune, as one distin-
guished head of the Supreme Court
gives way to another, to advert to the
fact that in becoming Chief Justice Mr.
Hughes assumes the robe of the most
powerful Office in the whole range OF
the American Government. This is per-
haps not always realized, but few on
reflection will dispute it.
Last Word of Government
BY reason of the authority which the
Supreme Court of the United States
has been granted, or which in the course
of years it has assumed, it has unques-
tionably become more potent than even
the presidency or the legislative branch.
1t is the last word in respect of govern
mental authority in this country.
In becoming Chief Justice of this
court, therefore, Mr.. Hughes takes upon
his shoulders the burdens of the highest
and most responsible governmental po-
sition in the American Republic
1t is the fashion in Congress and
growing power Of the presidency. Time
after time, not alone in recent years,
but earlier. protest has gone up from
Senate or House over the tendency of
the Executive to take over functions
and authority which the Constitution
vested, or was supposed to vest, in Con-
greSS.
Recall and Referendum Threat Made.
Less has been heard in recent years
about the growth in power of the judi
ciary. though at different periods in the
Nations development that subject was
one of acute interest and bitter conten-
ton. At certain periods it was a fore
most theme of political controversy, and
on more than one occasion threatened
the existence of the Union.
Just now the issue of the powers of
the national judiciary, and particularly
of the Supreme Court, is but rarely dis
cussed except accidentally, though it
may be said that 1t has not been many
years since the public was much wrought
up and much was heard in Congress and
In the political field about the recall of
the judiciary, the referendum on judi
cial decisions and legislation to check
the power of the Supreme Court to de-
clare legislative acts of Congress I'M
constitutional.
Jefferson Led Early Assault.
The tremendous power of the Su-
preme Court and the extraordinary ma
ture Of the Office into which Mr.. Hughes
now enters, may, perhaps, be better
realized by a short glance backward
Less than century and a half has
passed since John Jay was appointed
the nrSt Chief Justice of the Supreme
Court by President Washington and be-
gan his service in this capacity. At
That time its power in a number of vital
respects were obscure and uncertain.
When John Marshall of Virginia was
appointed Chief Justice, near the close
Of the administration of John Adams,
and when the Supreme Court was meet
ing In dingy and cramped quarters in the
newly created capital, then little more
than hamlet in the midst of woods
and malartal swamps. its power not
only had been but little exerted but
was under violent attack from the
Federalist opposition, that is, from the
Republican party of that day, captained
by Thomas Jefferson and including some
of the ablest leaders of the new Gov
eminent.
Branded Accumulation of Federation.
Indeed, the late Albert j. Beveridge
In his invaluable Life of Marshall"
said that one of the first decisions of
Jefferson as President was Ito strike
hated it more than any of the other
denominations" of Federalism.
Beveridge says, too, that the court
was "impotent and little respected"
but that Jefferson still feared it, be-
cause he apprehended that Marshall
might make the high court of the
Nation mighty force in the Govern
ment, retard fundamental republican
reforms and even bring to naught
measures dear to the republican heart"
Jederson'S apprehensions were, as
history shows, thoroughly well founded
from his point of view. Under the re-
gime of Marshall as Chief Justice the
great work was begun of making the
Supreme Court mighty force in the
Government" Not only was it begun
but YVES carried far forward from
case OF Marbury VS.. Madison through
the years when Marshall handed down
other epochal opinions.
Courts Critics Defeated.
1t seems strange today to read of the
furious and innumerable partisan as
saults on the Federal judiciary and to
think back over the theories freely adj
vanced by the -Federalist forces
little more than 100 years ago.
At the time of the impeachment
trials of Pickering and of Chase, it
was commended by the ablest of the
leaders around Jefferson that Federal
judges we're removable through i'm
parchment for comparatively minor
causes. Had this doctrine been adj
hered to there can be no doubt that
the Federal judiciary, including the
Supreme Court, would today be little
more than an fundamentally of the
legislative branch of the Government,
and that in practical proceedings there
would have been no such thing as the
Supreme Courts declaring a law of
Congress invalid and unconstitutional.
Marshall Exercised Right TO Veto.
Especially when any strong political
party had control of both White House
and Congress, the Supreme Court would
have been impotent. and justices not
in accord with the party in power
would have found themselves ousted
from Office and TUNED back to private
life.
Since the days when the suave and
genial Marshall whose suavity belied
his determination, began the building
up of the power of the Supreme Court,
Il may be said to have advanced stead
lily in scope of authority. Today 1t is
in a position where it can, If it feels
called to do so. sweep aside with a
few words a law of Congress without
being seriously challenged and can set
at naught many of the acts of the
Chief Executive.
hughes Familiar With His Duties.
No one knows better than Mr.. Hughes
tlle importance of the Office he is about
10 fill. In the first place, he has served
~ one Of the associate justices OF the
-s-irt and in the next place he has ap-
peared before it since his resignation In
1916 more often probably than any
other man in the country.
Certain he has had as the recOro