appointment, and that as the judge whose term has most nearly
elapsed will naturally be the one who has served the longest, he
will certainly have the advantages of experience. These
considerations deserve little weight in view of the sacrifices
that such a scheme entails. Unfair discrimination is indeed
prevented, but so is a just and proper discrimination. The plan
of promoting the senior associate justice when a vacancy occurs
is liable to similar objections, though in less degree. He is at
least not unlikely to serve for a considerable time.

To be a good Chief Justice requires special gifts. Whoever holds
that office should have not only learning and ability, but
patience and courtesy in a high degree. He must be methodical in
the transaction of business, if the docket of the court is a
large one. He should have the art of presiding over its public
sessions and disposing of the minor motions which may be made
from the bar with dignity and tact. He should be a man who
commonly carries his associates with him at its private
consultations in support of any doctrine which he is firmly
convinced to be the law applicable to the case in hand. He
should have the faculty of conciliation. He should know when to
yield as well as to insist, in order to secure the best results
for his court and for his State. He should be able to write a
clear and forcible opinion. The best lawyer in the jurisdiction
who may be supposed to have these qualities and will accept the
position ought to be at the head of its judiciary. Many have
been tempted from the bar by an offer of that place who would
have refused the appointment of associate justice. John Marshall
was one of these. Chief Justice Parsons of Massachusetts was
another. In the Supreme Court of the United States no Chief