The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-03-11
HoOver's Grave Responsibility

No greater responsibility is given President of
the United States in peace time than the appointment
Of Justices Of the supreme court. In the case of
President Hoover the responsibility is all the greater
because OF the probability that his appointees will
constitute majority of the court. Coolidge appointed
only one; Hoover may appoint five.
In the sudden naming of Charles Evans Hughes to
succeed William Howard Taft as chief Justice the
President stirred up altogether unexpected oppos
ton in the country. That opposition was reflected
Immediately in the senate, which conducted his
toric, but in the end unsuccessful fight against Hughes
lawyer more concerned with corporate interests
than with the public interest
Now Hoover must name a successor to Justice San
ford who died Saturday.
1t is clear that the next nomination will be ex-
anined with unusual care, both by the country and
by the senate. The senate debate last month, and
the wide publicity given that discussion assures an
other similar debate on the powers of the court as
well as the fitness of the nominee That is as it
should be. For two First because the court
has become the most powerful of federal insttu-
tons Second, because it has become policy making
agency, in which members vote their opinions on eco
nonlic issues.
Through its assumed power to declare laws of
greSS unconstitutional and through its occasional
abuse of that power the court can and does defeat the
purpose of representative government The court by
hve-to-four majority and does set aside the
very Constitution itsefor what always has been in
terpreed the constitutional guarantees of civil lib
eres-as when the majority violated the Bill OF
Rights in the decisions in the Schwimmer citizen
ship case and the Seattle overlapping case.
In cases involving economic issues the court can
and do>s 90 beyond either the Constitution or the
laws OF congress 10 create new law of its own from
which there appeals in the recent Baltimore
street car fare decision supporting the company and
its inflated valuations in violation Of public rights.
Such decisions are not arrived at by technical
considerations of the law and the books but spring
directly from the personal opinions of the men on
the bench.
In discussing the question how will act
and vote on the supreme bench, Charles Evans
Hughes in his book on THE Supreme Court of the
United States" admits that personal views social
and economic issues are determining factors:
IF you could get further down TO the bedrock Of
conviction TO what conceived TO be funda-
mental principles of government and social relations
YOU might be able to get closer to accurate prophecy.
But you cannot expect to have judges worthy OF the
Office who are without convictions and the question
from that point Of view not to qualifications of
judges, but whether you will have court of this
character and function"
few weeks ago the court majority reversed a
supreme court ruling which had stood for thirty years
and which held that states had constitutional right
10 impose certain taxes. The reversal was not made
the basis OF the constitution. but on the basis Of
the personal opinion OF the judges that the old de-
cision not good policy. IS Justice McReynoldS,
IN the mn jorlty opinion. said
The practical effect OF it has been bad
Therefore, the personal convictions. as well the
legal qualifications, of the members OF the supreme
court determine whether the laws Of congress shall
be thrown into the waste basket and whether court
MADE laws are 10 be fastened upon the country for
The benefit Of special interests.
To what kind of Is President Hoover going
70 give such nordinate power? What kind OF court
VIII Hoover create?
VIII he add again, as with Hughes appointment.
70 the reactionary majority? Or viii nc strengthen
that small but brilliant minority OF Holmes, Brandeis.
and sometimes Stone, whose liberalism and fidelity TO
the Constitution the peoples hope of justice?
Hoover was elected as liberal