The Dominion. WEDNESDAY, NOVEMBER 9, 1910. PRESIDENT TAFT'S RESPONSIBILITY.
One of the most responsible tasks confronting President Taft . is tht reconstruction of the Supreme Court, the highest judicial tribunal in the United States. The .Supreme flour) consists of nine Judges appointed foi life by the President (subject to the Senate's confirmation which is usually.granted), who have power k interpret the Constitution, to decide all disputes between the Federal Government and the. individual States, and to hear all causes rising under the Federal laws. In this supremely powerful body the greatest judicial authority of any in' the world is said to rest, and it has always impressed European students of American affairs as one of the strongest features of the Federal Government of the United States. Ihe situation at present is without precedent since the days of Washington. One-third of tho membership has passed away since President laft entered.the White House; the expected resignation of Justice Moody will give the President a fourth appointment to make and the pending .retirement of Justice Harlan will in all probability give Mr. Taft the opportunity of selecting toe majority of the entire Court it is in this respect that President laft wields his, greatest, power, a power that is causing thinking American citizens the deepest concern. Tho issues awaiting the de"slon. oitoe Supremo Court when the Bench is complete are of the most momentous, and far-reaching character. The social, political, and economic future of the United States, it may be stated, rests upon tho social, political, and economic mind of d I ! lne ™ on on the Supreme Court tiench. The business of a continent now waits upon the decisions which the Court made, a year ago and did not announce' and cannot announce until tho Bench is complete. As a result of four years of leual proceedings against the Standard- Oil Company it has been judged an illegal organisation and a ■ judicial order for its dissolution granted, its colossal funds, tho Courts declare, having been amassed illegally. Tho Supreme Court was about to decido the appeal when the power of that tribunal was interrupted by the death of three of its members. It cannot bo questioned but that a deep-seated antagonism between the industrial and Commercial corporations of Amorica and the American public has come into being, and there are decisions pending before the Supreme Court tor the regulation of railroads and tho restraint of corporations that are awaited by the business community as of possiblo revolutionary importance. The va-sb act-work of railroad questions and tho litigation involved in conscnuenco of violation of inter-State laws, and the problems created by tho ever-increasing intricacy .of banking will; for the main part, sooner or later, come before the Supremo Court for decision on various points, of appeal. Questions of wide-reaching legal and political importance are to be passed on to tho United States Supremo Court, and the, task of securing the ablest men for positions on the Bench is one of the gravest responsibility. Much new ground svill need to be broken and the application of old legal principles to the virtually now problems of modern industrialism will call for the soundest judicial wisdom, and decisions I'eachod will be. studied with interest by all intelligent Governments and. Legislatures. Fortunately President Taft is a man of unusual judicial and executive ability and liis judicial appointments are regarded as his best work. The initial appointment of Governor Hughes to the Supremo Court Bench has given jrcat satisfaction and is considered a masterstroke of policy; .The record of tho Governor of New York for the three years and a half ho las been in office is one of the most orilliant in the history of the United States; it is a record of prodigious ichicvenient in tho most difficult lelds of legislation, and many of tho reform measures that havo become law (as for instanco the anti-betting legislation), and that are now regarded as sagacious and far-sighted ivore, three years ago, looked upon as balstafnan and hopeless. The removal of Governor Hughes from ;hc active political arena is, moreover, an astute move; it leaves President Taft and Mr. Roosevelt ;hc undisputed masters of the Itepublican party, and there is now no possibility of the governor of New York over .wing olected to tho Presidency. Mb. Hughes is described as a man ot keen and trenchant mind, of trcnendous driving-power, and with an extraordinary capacity and zest for severe mental application. His every ict before and sinco taking the gubernatorial office has been characterised oy intense moral earnestness, and his elevation to the Supreme Court
piesages an uneasy time for illegitimate and predatory trusts and corporations, and will probably mark America's greatest advancement in progressive and .equitable legislation The remaining Judges will bo named early next year and there is little doubt but that in view of the crucial business ahead President Taft will choose men of sound judicial training, with a clear understanding of the underlying political forces of the day and prepared to act wisely with the already formulated and large volunio of commercial litigation now awaiting the decision of the Court.
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Dominion, Volume 4, Issue 969, 9 November 1910, Page 6
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854The Dominion. WEDNESDAY, NOVEMBER 9, 1910. PRESIDENT TAFT'S RESPONSIBILITY. Dominion, Volume 4, Issue 969, 9 November 1910, Page 6
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