Evening star., 1941-06-03
The Chief Justice

It is much too early for an accurate
appraisal of the full contribution
which Chief Justice Charles Evans
Hughes has made to the Supreme
= Court. Years, perhaps many years,
must pass before there can be real
= understanding of the impress of any
man upon this great American insti-
tuition. But. as the Chief Justice
announces his retirement, certain
things are obvious.
Upon Chief Justice Hughes has
fallen the heavy responsibility of
guiding the Supreme Court through
an extraordinarily trying period. If
it may be said of Chief Justice John
Marshall that he, by the force Of his
own character and by the exercise of
his great intellectual powers, estab-
lished the court as powerful force
In our system of Government, it is no
less true that Chief Justice Hughes,
richly endowed with similar quail
ties, played a decisive part in saving
the court from outright political
domination at time when the
tribunal seemed to be out of step
with far-reaching economic and
social trends.
In the early years of the New Deal,
the court struck down the greater
part of its legislative program. This
precipitated the political controversy
that came to head in the spring Of
1887 with the introduction of Presi-
dent RooSevelt's bill to reorganize
the court. The full story of that
significant struggle is not yet known,
but there can be no reasonable doubt
that the Chief Justice played a vital
part in the defeat of the Presidents
M-advised undertaking.
His one public contribution came in
the form of letter to the Senate
Judiciary Committee, when that body
had the bill under consideration. "An
increase in the number of justices
Of the Supreme Court" he said,
apart from any question of policy,
which I do not discuss, would not
promote the efficiency Of the court"
That letter destroyed one of the
principal arguments in support of
the bill, and, with marked change
In the constitutional outlook of the
courts decisions-a change, Incl
dentally, which had set in before the
court legislation was introduced
resulted in the final defeat of the
measure.
Just how much the Chief Justice
had to do with shaping this change
OF outlook on the courts part is not
known today, and may never be
known, but until the contrary is
established it is safe to assume that
his role in this respect was a decisive
one.
The influence of Charles Evans
Hughes In the development of his
country, of course, is by no means
limited to his service as Chief Justice.
More than fifty years ago he made
MS mark as counsel for the Arm
strong Commission, and his prestige
has grown throughout a career as
Governor of New York, member of
the Supreme Court, presidential can
dtdate, Secretary of State and.
finally, as Chief Justice.
1t will be as Chief Justice, however.
that he will find his true place in
history. And, when he formally
relinquishes this high office next
month, he will take with him. into
retirement at least two things that
any man might envy. First, he will
have the unqualified respect of those
IN position to appraiSe his great
talents as lawyer and as a Judge.
And, second, he will have the
admiration and affection of a whole
people to whom he, more than any
other living man, has symbolized the
lofty American concept of "eoual
L.