Evening star., 1948-08-28

valid al 1910, dIlu lie 1OllOWlug year
when he was appointed to the Per-
|manent Court of International Ar
bitration at the Hague.
President Hoover named Mr..
Hughes Chief Justice on February 8,
1880, the same day Chief Justice
Taft resigned. There was a bitter
Senate fight over Mr.. Hughes con-
flrmation, his opponents attacking
him as too much corporation
lawyer and too conservative. But
there was little doubt about his final
confirmation, and soon Mr.. Hughes
surprised his senatorial critics by
veering more often to the left than
to the right.
Mr.. Hughes displayed unusual
qualifications for his high duties.
Unquenchable nervous activity, sup
ported by tireless mental and physi-
cal strength, enabled him to drive
the court at a rapid pace. In fact,
he early stressed the need for
greater speed throughout the entire
judicial system.
Perhaps more than any Chief
Justice, Mr.. Hughes was faced with
the Interpretation of Constitution
straining legislation as presented by
Mr.. Roosevelt's New Deal.
Ruled for New Deal Acts.
His supposed conservative tend
encies were not borne out as many
expected. Up to 1887, the year Mr..
Roosevelt proposed the court re-
organization, he voted 1S times for
New Deal legislation and nine times
against.
The weight his views added to
what had been the minority senti-
ment was demonstrated in January,
1884, when he sided with the 5-to-4
ruling upholding a Minnesota mort
gage moratorium law. His eagerly
awaited comment on the legislation,
typical Of the emergency acts of
the day, was that:
Emergency does not create power,
but emergency may create occasion
for the exercise OF powers which
exist"
/ Mr.. Hughes took the position that
it was not the function Of the court
to consider the wisdom of any
measure but to determine solely
whether it conflicted with the
Constitution. He stressed this in
writing the unanimous decision IN
validating the National Recovery
Act:
1T is not the province of the
court to consider the economic ad-
vantages or disadvantages of such
a centralized system; 1t is sufficient
to say the Federal Constitution
does not provide for it."
Upheld Wagner Act.
Mr.. Hughes also sided with four
others in invalidating the Agricul-
tural Adjustment Act, but wrote S
to 4 decisions sustaining the Ad-
ministration's efforts to bar pay
ment OF obligations in gold and
upholding Constitutionality of the
Wagner Labor Act as applied to
manufacturing companies. He also
Joined in upholding social security
Legislation.
In February, 1887, Mr.. Roosevelt
proposed appointment of another
associate justice for each member
who did not retire after reaching
701a years of age.
Although the proposal would have
applied to six justices, including
Mr.. Hughes. he calmly went about
his duties throughout the hot sum-
mer; but observers credited him
with vital help in shelving the plan.
Replying to an inquiry by Senator
Wheeler, Democrat, Of Montana,
who had denounced the proposal as
an Administrative attempt to pack
the court" with six New Deal
justices, Mr.. Hughes said the court
was abreast of its work and that
the addition of more jurists would
Iretard, rather than expedite mat
tiers.
Read at Senate Committee
hearing, the letter afforded amuni-
ton for fighting. the reorganization
plan.
The proposal finally was defeated
after the retirement of one of the
elderly justices, Willis Van De-
vanter, and series OF decisions
favorable to the Administration.
Many attributed a shift in view
point by Justice Roberts to the per-
SuasivenesS of the Chief Justice.
Before October, 1886. Justice Rob-
erts had voted to uphold New Deal
laws only twice; but in the 1867
term, he Joined in voting pro-New
Deal with Mr.. Hughes IA straight
times.
Outlawed Sit Down Strikes.
Aside from his decisions on Ad-
ministration litigation, one of Mr..
Hughes best known opinions out
lawed sit-down strikes. He called
them "high-handed proceedings
without shadow of legal right"
Regarded as cold and austere in
public life, Mr.. Hughes as Chief
Justice was extremely friendly and
frequently indulged in humor in the
court chamber.
| Once lawyer said he thought the
justices might consider certain evi-
dence because the tribunal was re-
| garded as liberal"
The court is extremely liberal" :"
the Chief Justice said with a smile,
but it so happens that we are
bound by rules of law"
Another time q utilities lawyer
argued that rate-making question
was left 'in a state of confusion"
1T was. left in the State of Cali
fornia, wasn't it?" Mr.. Hughes
laughingly replied.
4 think we understand" he ex-
planned, that the California COM
mission sets the rates"
One time an attorney turned the
tables on the Chief Justice. A tax
case turned on the question whether
a jig-saw puzzle picture was a game
or a puzzle. Seeking an analogy,
Mr. HUGHES ,rAeepted bvy,ofh sfi