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CE Lepeayt | = : om dostrine which bad his ‘pat approval, be none the | Leos rained ws aa ee gin 1 aS gee Paes Sth: Sapo é ie oa x te would ihot be sotuced ay 8 the cial “in ‘he thet Tennessee 9 Walley duthority onde, e. “announce ‘Gonstatic” ae “tae ™ ~ OR oe , in prot eat at what he regarded as an ‘wmarranted anticips- ° ro" SS = wnt le =. | the Fee end Vo . thon. of the const tutLonal questions “We ) inconeldereb le pert of his _— hand lest it decide more » than | was required the | ‘case eat bar. b : | the one or two instances in which at may be suggested ‘that he departed | from his canon of judicial paretinony -- Instances where he took occasion to east - consti tuttonal doubt on declaratory dudgnents and on rn general. 3 Federal common law =~ ‘it is worth observing ‘that the departures were in __ the interest of confining the powers: of the Federal courts. ‘Ro one was : o the limitations on ‘the function of the Courts a’ } J 2 3 tx et and yet no one succeeded yore re notably than he in ‘combining the role of 43 —— ee judge and teachers One renenbers the preparation ot the first opinion” ; of a term, which bad finally passed what seemed to be the ultimate. + revision, and the Justicets disquieting observation: *The opinion is. ~ now convincing, but what can we dot a | her was always exconsively generous in the use of the Ploral = "but what can we de to make st more a a a - o . a ra non * . « Te .o . ’ . 8h gee Ee at a cecal eta i lial pe