Evening Star Newspaper, February 25, 1937, Page 19

SUPRENE COURT LOWLY N OREN Rise Most Fascinating of All Institutions of U. S. Government. The story of the Supreme Court —its origin, its development and the issues it has raised in the history of the United States—is told here in a series of articles, of which this is the first, with the object of throwing light on ques- tions raised in the momentous political battle now being waged in Washington as a result of President Roosevelt’s program for court re=- organization. BY WILLIAM C. McCLOY. President Roosevelt's proposal to re- organize the Supreme Court has fo- cused the country’s attention upon the court as nothing else has done in the last 80 years. The Dred Scott decision in 1857 concentrated public attention upon the court then even more vitally than the question of re- vision today—but the furor was over & great moral question and had noth- ing to do with the structure of the court itself. Overnight, the court has become a popular study. Librarian- in charge of the public libraries report that the demand for books on the court is challenging the size of the demand for detective stories. The result is bound | to be instructive for many who hereto- | fore looked upon the court as too heavy a subject 1 lay minds. The origin of the Supreme Court | was natural and s‘'mple. The framers | of the Constitution realized that the laws passed by Con: would be varfously interpreted iges in all sections of the country and that it was | igatory to have a cen- , free from politics, above public clamor, which would | weigh the laws dispassionately and | justly, keeping the interpretation in | line with the written Constitution. A | half century later, Daniel Webster | summed it all up tersely by saying, | “Without the judicial power of the Supreme Court, the country would be | & mere confederacy.” | Development Fascinating. ‘The story of the development of the | Bupreme Court [rom its beginning lnf 1789 is as fascinating as anything in | No other one of the great and essential | features of our Government began in &0 lowly a way President Washington found it rather difficult to ge. the kind of men | French, :nd the Senate refused to confirm him. he wanted to serve as justices. The | six men who finally were induced to | serve were all Federalists. John Jay of New York was named as Chief Justice. The associate justices were John Rutledg¢e of South Carolina, | educated in England; William Cushing of Massachusetts, James Wilson, born and reared in Scotland; John Blair of | Virginia, personal friend of the Presi Liberal Trade-In Allowance and Terms of $l a week Make It Easy to Own a New ROYAL Portable Typewriter All Makes on Display. Buy by Comparison. GE"EML TYPECWOI‘IITER 718 14th St. N.W. Nat. 2249 dent, and also educated in England, and James Iredell, an Englishman. The average age of the justices was 481%%. Of these six justices, only three— Jay, Wilson and Cushing—took the trouble to attend the organization ceremonies, February 1, 1790, in the old Royal Exchange at the foot of Broad street, New York City. ‘The first term of the court ran 10 days. Its only business was to admit lawyers to practice before it. The second term, in August of the same year, was even shorter—two days— and the work was similar to that of the first session. It was not until a year later that the first case was called. And even this was a false alarm. On taking it up, the court dis- covered the writ had been issued by the clerk of the Circuit Court, not the clerk of the Supreme Court. So the Supreme Court so.cmnly dismissed the case. Rutledge Resigned. Justice Rutledge, who never attended a meeting of this first court, resigned shortly to become chief justice of South Carolina. His nephew, Edward Rutledge, and Charle- Cotesworth Pinckney, both of South Carolina, de- clined appointment to the vacancy. After a search for another justice, President Washington induced Thomas Johnson, a former Governor of Mary- land, to serve. Justice Johnson re- signed in two years. He was succeeded by Willlam Paterson, a former mer- chant and Senator from New Jersey. Despite the lack of work before the court itself, the posts were not sine- cures. A seat on the early bench was no place for an elderly man. It is doubtful if any of the present justices could have stood the strain of those early times for two years. The Chief Justice received $5,000 a year and the associate justices $4,500. In addition to their duties as Supreme Court justices, they were obliged to serve in the Circuit Courts located in the sev- eral States, necessitating a great deal of traveling over country where the roads were merely lines on the maps. Justice Iredell, the youngest man on | the bench (he was 38), complained bitterly that he “was leading the life of a post boy.” Justice Jay early became weary of his exacting duties, and, in 1792, with- out resigning from the bench, became a candidate for Governor .f New York. He lost to George Clinton, but held on to the chief justiceship. Two years later, however, he accepted the post of special envoy to Great Britain and remained abroad nearly a year. On his return, he was elected Governor of New York, and he then resigned as Chief Justice. Rutledge Succeeded Jay. President Washington Rutledge only served between sessions of Congress. He had just about time enough to offend the Federalists by making a speech favorable to the The highest post in the court was next offered to Patrick Henry and to Inspect the New ROYAL PORTABLES in our conveniently located new store Trade in Your Old Machine P $l V;:ek All New Portables and Stand- ard Rebuilts on Display Rentals—Repairs—Service Capitol Typewriter Co. 822 13th St. Nat'l 4858 Complete Display of the ROY AL PORT- ABLE LINE at Wash- ington’s Largest Type- writer Store 81 appointed | our picturesque and amazing history. | John Rutledge as Jay's successor, but | THE EVENING STAR, WASHINGTON, D. C., THURSDAY, FEBRUARY 25, 1937. William Cushing, in turn. Both de- clined, and the President named Oliver Ellsworth. It was not long before the new Chief Justice got into trouble with the Federalists over his idea of expatriation, and he was glad to escape their wrath by going to France on a special mission during the administration of John Adams. The conduct of Supreme Court jus- tices at this time invites attention. During the term beginning in August, 1800, only half of the justices served. The Chief Justice was still in France on his mission, Justice Cushing was too ill to attend court and Justice Chase spent the whole period on the stump, advocating the re-election of his friend, President Adams. In that campaign Thomas Jefferson was elect ed President. The Federalists, however, still con- trolled Congress and succeeded in do- ing the best thing they ever did, so far as the Supreme Court was con- cerned. They passed the judiciary act of 1801, establishing 16 new Fed- eral Circuit Courts, relieving the Su- preme Court justices of the onerous duties in these courts. The Federalists marred their good work by insisting that the new justices must be Fed- eralists and by adding a provision that, on the death of the next member of the court, the number of justices should remain at five. Justice Cush- ing’s death was imminent and the provision was intended to prevent an appointment by Jefferson. Jay Declined Post. Most opportunely for the Federal- ists, Chief Justice Ellsworth resigned because of ill health. President Adams offered the post to John Jay, who declined. The President then named John Marshall, who, a short time be- fore, had" declined an associate juse ticeship. There was considerable op- position to the confirmation of Mar- shall, but he was reluctantly con- firmed. He was sworn into office February 1, 1801, just one month before Jefferson became President. | Though John Adams’ politics played | SEE OUR DISPLAY | | Three Beautiful Models ’ { ROYAL PORTABLE TYPEWRITERS Buy from us at the low cash or on the dollar a week bis Also Factory Rebuilt Standard Machines at 40, Saving Under New. Complete Repair and Rental Service Central Typewriter Co. 923 G St. N.W. No. 8129 price plan. BUYS THIS. JUNIOR ROYAL Plus Carrying Case TELEPHONE Chas. S Since 7888 . . 708 SEVENTH INC. 3 14th St. N.W. a great part in John Marshall's selec- tion, he has been regarded for more than 100 years as the greatest Su- preme Court justice in our history. The {llustrious history of the court really begins with Marshall's ap- pointment. But the court did not achieve its high position all at once. When the Government arrangec. for the housing of its officials and departments in the new City of Washington, the Supreme Court was entirely overlooked. There was a White House for the Executive, & stately, commodious builcing for the Senate and the Representatives and spacious quarters for the various de- partments. Only the Supreme Court was unprovided for and had to be content with an insignificant room— 24 by 30 feet—one »f the vacant come mittee rooms of the Senate, placed at the disposal of the court through the kindness of the Senators. From this humble room, after a peripatetic ramule from post to pillar, the Supreme Court has climbed to the $9,000,000 palace of justice it now occupies—the cost being just about one-third of what the Government finally paid for the Louisiana Territory —some 13 States—in President Jeffer~ son's time. The building itself stands as a splendid monument to the growth and development of the Nation since the adoption of the Constitution in 1789. (Copyright, 1937, by the North Americaa Newspaper Alllance. Inc.) DEMONSTRATION “*@s sl %"4' 715 H ST. N.W. 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