Evening star., 1922-11-08
Confning Labors of Court Require
Young, Vigorous Men.

Retirement OF Justice Day from
the Supreme court bench, and the
like elihood that Justice Pitney will
never bc able to resume his duties
there. has resulted in a general
editorial discussion of the necessity
of having youthful and vigorous men
sitting in the highest court. 1t is
, recalled that the labor Of tho court
constantly is increasing and that TO-
day the work is no. alon" extremely
coniining. but most cNarting. There
can be no relief from this condition,
, it is acknowledged. There also is
discussion of the suggestion that
President Harding will name at least
one democrat to the vacancy exist
ing or those t" exist. In this CON
nection there are many editors who
quietly point cut that politics has no
place In court ami ;hat, therefore.
whether a nominee is a republican
or democrat does not matter so
much as do his qualifications for the
work.
Youth must he served in this
appointment at least. insists the BoS-
ton Globe. in referring to the great
work for Harvard of Dr. Charles w.
Eliot. named presid. mt of that inSti-
tuition at the age of thirty five. HIS
long career proves the wisdom there
displayed and this leads the Globe
70 say that "thr President of the
United States who would make the
best Imaginable appointment to the
Supreme Court must do what Har-
ward did when ii selected br. Eliot.
The perfect judicial material is de-
cidedly on the sunny side Of fifty.
The Importance of selecting for
federal court appointments young
and vigorous individuals is empha-
sized by the Philadelphia Public
Ledger and d number of other news
papers. which cite statistics TO SHOW
how the work is increa sing. The
Memphis News Scimitar enpha asizes
and reflects tris view by recalling
that "!n the Younger years of the
republic the justices Of the supreme
Court had some leisure and could
stand upon their dignity. As time
went on and the latitude of the fed
oral court was extended the work
became heavier. until today it is
grind which older lawyers. wh" feel
that they have earned the right to
enjoy few Years of ease. are not
eager TO assume.
So far as the question Of the pc
ljfical views of whoever snail be
named is concerned the Utica OBJ
server-D Dispatch is another OF the
group which considers them unimpor-
tant because the Supreme Court is a
IL
should have no place. Political judges
are of the past. the public being con-
vinced that men are wanted on the
bench who are qualified and who are
so completely fair that they Will be
guided by the law as they find it. and
will not be swayed by political preju-
dices or preferences" Accepting that
a democrat is to be named. the Spring
field Republican feels that president
Harding's selection of democrat Tor
the supreme Court Will surely be
conservative one. The court Will be-
come under this administration more
of a bulGark of property interests and
the existing order than II has been be-
fore in a generation.
Whether the appointment of con
servatives is i wise policy. whether
it is not better to let the body of
law be reinterpreted and refashioned
in accordance with the economic
needs OF this critical period. cannot
he determined now" the Baltimore
Sun argues. Liberalism on the
bench has been urgently demanded
from many quarters of influential
opinion in the United States. and re-
cent decisions Of the court have
emphasized the fact that the liberal
school of legal thought is less ade-
quately represented in the Supreme
Court today than 1t has been in the
past
The great responsibility that thus
has been thrown on the President by
this resignation. and others believed
impending: leads the Steubenville
Herald-Star to assert that president
Ha riding promises to have the re-
sponsibility of selecting more men,
bers Of the Supreme Court than any
other President except Washington"
The San Antonio Express considers
that John w. Davis of West Virginia
Is dn ideal democratic suggestion for
the place in succession to Justice
Day, because there is striking
parallel in this combination of jurist
and diplomat.
The Boston Herald insists that the
assumption that the court is BIZ
partisan body is wholly at variance
with all traditions and precedent.
There are really no party lines in the
Supreme Court and there should be
none The best man. regardless of
all other considerations. should be
selected. That Mr.. Harding needs to