Evening star., 1946-06-09

The man who will become the 18th
Chief Justice of the United States when
the Senate confirms his nomination is
known to host of people in this coun-
try. Many count him as an intimate
friend still larger company know
him well enough to have some impress
sion of his character and his capabili-
ties. But the number of those who can
undertake to catalogue Fred M. Vinson
as a Chief Justice must be exceedingly
small.
For the fact is that Judge Vinson,
unlike his immediate predecessors in
the chief justiceship, has made no rec
ord which serves as a reliable guide
to the position he may be expected to
take with respect to many of the great
questions of constitutional law which
come to the Nations highest court for
decision. Charles Evans Hughes had
served as an associate justice before
being returned to the bench as Chief
Justice, and the late Harlan Fiske Stone
had spent years on the court before
his advancement. Consequently, there
could be some certainty as to the stand
these men would take on basic issues.
But Judge Vinson has made no COM
parable record, his previous consequent
tial judicial experience consisting of
five years on the United States Court
of Appeals for the District. Since his
writings during those five years con-
stitute the most reliable index of his
philosophy of the law, however, they
are worthy of examination.
Most lawyers would agree that the
local Court of Appeals is second in
Importance only to the Supreme Court
itself. Because of its peculiar status
as both a Federal and local appellate
court its judges have to deal with all
manner of cases, and Judge Vinson,
from 1888 to l943, carried his full
share of the load. Over this period he
wrote upwards of 100 opinions-opin-
ions which reveal two basic aspects of
his concept of the proper role of the
courts in this country.
Respect for Precedent.
The first and probably the most Sig
nificant impression which one derives
from these opinions is that Judge Vim
son subscribes Fundamentally and un-
waveringly to the doctrine that it is
the function of Congress, and not of
the courts. to shape national policy and
write the laws. A second rather definite
impression is that the new Chief JUS
tice has respect for precedent. This is
not to say that he will adhere slavishly
to previously enunciated doctrines, but
it seems unlikely that he, as Chief JUS
tice, will join in the extravagant over
turning of past rulings which once
prompted former Associate Justice Rob-
erts to protest that the decisions of the
Supreme Court were coming to resem-
BILE restricted railroad tickets-good for
this day and train only.
AS member of the Court of Appeals,
Judge Vinson did not write any single
decision which stands out as being of
especial significance. He concurred in,
but did not write, the courts opinion
holding the practice of medicine to be
trade within the meaning of the anti
trust laws. He dealt with will cases,
condemnation proceedings, contract is
Sues injunction suits, tax questions,
divorces, criminal. cases, patents and
most of the other controversies which
make up the days work. of the court
Occasionally he dissenteo, rather
sharply in one instance, but for the
most part he either wrote the majority