The Wilmington morning star., 1946-06-27
Inevitable Comparison
BY ARTHUR BROCK


WASHINGTON, June "a. - The President
made it clear today. al the elaborate cere-
monies attending the swearing-in of Fred M.
Vlnson as Chief Justice o. the United States,
that he had several definite purposes in mind
when he approved the unprecedented fanfare.
He wanted to emphasize the coordinate au-
thority of the judiciary il our form of gov
eminent. And Mr.. Truman wanted to equip
the new Chief Justice with all possible prestige
and influence FOR the task that confronts him
In attempting to restore public order and con-
fidence in an openly quarreling court.
His predecessor in various ways sought to
make that coordinate authority submissive
to the executive power. Mr.. Roosevelt also
appointed those justices whose differences in
the secret conference room have been violent
ly discussed before the public by one of them.
Mr.. Truman by indirection seemed today to
intend to repair these damages if he can, and
the setting for the oath taking was part of
the frame Of that intention.
The thirteenth Chief Justice, Mr.. Vinson,
bore himself as gravely as the occasion re-
CURED. He is as much on trial as the Su-
preme Court and the issues that will come be-
fore it, and this has been emphasized in the
comments on his selection. While a few OF
these We're enthusiastic, and all were courte-
Gus, many struck a common note. 1t was an
expression of regret tina! the President did
not choose a Chief Justice who already en-
joys the reputation of a great judge, and link
ed to this was doubt that Mr.. Vinson promises
to become a member of the illustrious COM
pany Of Chief Justices headed by John Mar
shall.
The future may establish that doubt as
sound. Yet there are curious similarities be-
tween John Marshall and Fred Vinson at the
time Of their appointments, and these may
have occurred 70 the VI fAiaf TY,ef;o. - H.
read the inevitable name in the on
his own Beverage relates that when Presi-
dent John Adams chose Marshall - Just in
time to prevent the incoming President JET
ferson from appointing the head Of the high
court the name was not greeted with ap.
plause from any quarter" Mr.. Vinson Jared
better than that. But the point is that nobody
said on either occasion, Here is a great judge
who Is going to be a greater"
Marshall in 1901 had never served on the
bench, though Mr.. Vinson for four years was
a member of the second highest tier of the
Federal judiciary. Before being admitted to
the bar, Marshall had put in one month of
legal studies under Chancellor Wythe at Will
liam and Mary. whereas Mr.. Vinson took the
full course at a distinguished law school.
Marshalls legal education was acquired as a
practicing attorney, and in court he preferred
to speak last because he learned 50 much from
Ao"JC1o WIZ plSScQcO III.
But in other respects the career OF the
great Chief Justice" as he is now referred
to, oddly suggests that Of the thirteenth. Mar
shall was a politician. So was Mr.. Vinson.
He held many offices, and so has Mr.. Vinson.
He began in the Virginia State Assembly, Mr..
Vinson IS city attorney of Louisa, KY. He
went to Congress. Mr.. Vinson did also. He
was Secretary Of State and then Chief Justice.
Mr.. Vinson was Secretary Of the Treasury
~~I 3hA~ W.T. L. xL-.-I 1t L
from the time he left Congress and went to
the Treasury held as many offices as Mar
shall refused.
They were informed of their appointments
as Chief Justice in much the same way.
Adams turned to Marshall one day in a dis
cussion Of ~eligibles and said, II believe I
must name you,' to which Marshall bowed
his assent. President Truman took Mr.. Vim
son aside some days ago at a White House
luncheon and asked him If he would like to
be Chief Justice to which Mr.. Vinson replied
ly inspected a large field before making their
choices.
Serenity of mind" is the quality attributed
to. Marshall by Prot. E. c. Corwin in his fine
sketch in the Dictionary Of American Bio
graphy. Mr.. Wilson'S friends proclaim that
trait in him. Marshall was an athlete, adept
at quoits. Mr.. Vinson was a semi-professiona
DdSeOdu player. MdINudll was cornwall and
liked TO sit around with men, talking and
Ditto Mr.. Virscn. Marshall was a
devotee Of whist. Mr.. Vr1son of bridge. The
chances are that, if they had been contem-
poraries, and Adams had appointed Marshall
Chief Justice to prevent Jefferson from NAM
ing Vinson. a lot of people would have said.
What luck for the country.''
Mr.. Vlnson may not become a great Judge.
though on the bench he showed the same pref
erence Tor general principles over legalisms
that Marshall did - erd there were Few
'precedents' to throw at Marshall. But the
ABOVE Is to suggest that nothing in Marshall's
record before he came to his high place fore
cast his future judicial eminence. Also. Mar
snail, continuing to serve as Secretary of State
after he had become Chief Justice, helped to
make the one William Narbury a magistrate
and then presided over his case before the
court amid clamor that he should disquaIify
himself. Moreover, Marshall, wnen Justice
Chase was on trial of Impeachment. implied
that If Congress would relinquish this power.
he was willing to concede its authority to
reverse the courts decisions. In Mr.. Wilson'S
record there are no lapses like these.-New
York Times.