Evening star., 1941-06-08
By Sudduth


evced from the chamber In other words their valid election
simply they
that time Mr.. Hughes president of Manhattans rock
ribbed Republican poitica organization the Union
League Club But nevertheless rushed fray
nounced the Legislatures action in strongest
cluded with this observation: Hyde Park meetings
soapbox oratory constitute the efficient safetyvave
against physical force by the dscontented'
Years later after he had Chief Justice echoes of
that comment heard in his decision the celebrated
of Dirk de Jonge radical improperly convicted Oregon
law for participating meeting held under auspices
Communist party The greater the importance of safeguard
the community from indictments
institutions by force violence" said Justice
"the imperative is the maintain op-
poruny for free political discussion to the end that gov
ernment be responsive to the will of the people
changes, desired may obtained by peaceful means
Therein lies the security of the Republic the foundation
of constitutional government
The Arms Conference.
From 1921 1925 Hughes served his country as
Secretary of State during which period the Washington
Conference held. Without doubt he dominated that
conference and has been well said that his accomplishment
there far diplomatic prestige
nearly ruined by the Senates rejection of President Will
sons treaty Resigning 1925 he law
practice and devoted himself that profession
to the Chief Justiceshp by President Hoover in 1890
Mr. Hughes career Chief Justice after short but
sharp fight against his confirmation in the Senate began
quietly but long
began to gather The depression which had already begun
settled upon the land with bghtng effect and in 1882 the
New Deal rode to avalanche ballots
by bewildered frightened and restless people Clearly
trying days in the ong majority
then on the Supreme Court bench.
One after another legislative programs of the New Deal
struck down unconstitutional sometimes by
peponderant but often the slim majoy
to Another national election passed. and again the
New Deal swept the country. And then 1887 came the
Presidents Inflated iadvised attempt reorganize"
the by adding of his selection Throughout
the stormy battle which followed the Chief Justice remained
aoo with the single exception of his pointed letter the
Senate Judiciary Committee which
insnuaton that the court because of the age of its members
could not keep abreast of its work.
Behind the scenes, however a significant change was
taking place in the court during the spring of 1887 and
may well be that the Chief Justice played vital part in
bringing about Contrary expectations the up
held the Washington State minimum law for women
expressly reversing to decision rendered few months
before in similar New York Associate Justice Roberts
had changed his mind This followed by decision
since that time the Roosevelt administration has won most of
the major cases before the court.
Courts Altered Outlook
This altered constitutional outlook
comprising the final defeat of the reorganization
and has had much to do with ranking Chief Justice Hughes
beside the great years since
Chief Justice Marshall riding circuit in and buggy
made his mind that the court could nvadate act
of Congress- and thereby established the tribunal in posi-
ton which the buengs of politics and could not destroy
And if Marshall established the foundation
has been Mr. Hughes who has shielded this day
from what probably the most serious of all threats
its integrity.
In recent years as justices appointed by President Roose
ve have compose majority of the the Chief
Justice always been able accept their nepre
taons of the Constitution He has cung what always
been his postionneher to the right to the left but
approximately between these extremes In his view the law
instrument for the achievement of social justice and
despite his answering inssence upon full observance of
limitations clearly imposed by the Constitution he has
recognized that the law be living thing adaptable
to the changed needs of times.
great deal has been written about Chief Justice
Hughes conception of the law interpreted through
courts and its relation to the individual his philosophy
this perhaps best summarized in his
lecture delivered at Columbia University shortly
became Chief Justice.
"No one" he said s above the law. relations
other the society of which part the
Governments Federal and State which the organs of
that cey to the judicial test far removed from
the inruons of artce sehness and caprice test
Supreme Court the embodiment of this
cepon of the exemplar of its application and the
that in the complexities of extraordinarily
panded life have not forgotten the ancient faith by
which pledged ourselves to render to each his
faith which alone makes 1t possible to look to the
coming years with confidence well hope"