Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-04-05
RADICAL TENDENCY KEPT
BRANDEIS OUT OF OFFICE
OF u. S. ATTORNEY GENERAL

! had made considerable use of the
arguments of Louis d. Brandeis on
| government regulation of big busl'
| ness. Again and again the CORE
spondents accompanying Governor
Wilson would hear from his lips
words of praise for the magnificent
articles written by Brandeis, some
of which were paraphrased IN the
speeches OF Mr. Wilson on the trust
question. His hearts desire was to
appoint Mr. Braudeis attorney gen
eral but he was afraid to do so be-
cause of the reputation Mr.. Bran
deis. had as a radical.
When he was taken to task later
| on by a friend for not appointing
Mr.. Brandeis, the president said:
I'm the position of attorney gen
eraI / simply could not appoint a
radical-that is I could not appoint
a known radical. The people must
have confidence in the department
of justice-they must have conf
dence in the attorney general. lie
can not be a person of the crusader
type in public life. [ have tremen-
dous admiration for Mr.. Brandeis
and T know of his great mental ca
particular place because he is known
all over the country as a crusader
and it would shock the sensibllities
of the public to appoint him to that
particular position"
Wanted Him in Cabinet
Mr.. Wilson's unwillingness to ap'
point Mr.. Brandeis as attorney gen
l.. 1ar- tnYo
appointing Mr.. Brandeis as secretary
Of commerce. He really wanted MN
at the cabinet table. Just about the
time he was inclined to make the
appointment the Boston critics OF
Mr.. Brandeis who had fought many
a fight in New England against the
railroads, and the conservative IN
terests in both the Democratic ana
Republican parties, came to the pres
ident-elect and told him he would
lose the support Of the Democratic
organization in Massachusetts II he
nominated Mr.. Brandeis to his cab
met. Mr.. Wilson did not believe COM
ments made about Mr.. BrandeIs' al
legged Inconsistencies as a lawyer ana
sent Dudley Field Malone, who was
at that time a close friend OF Mr..
Wilson, to New England as sort
of investigator. While the report OIL
Mr.. Malone was not untrlendly TO
Mr.. Brandeis, the controversial as
pect of the case was such as TO
cause Mr.. Wilson at the last minute
to eliminate the name Of Mr.. Bran
deis and choose another secretary
of commerce, namely, William =.
Redfield, of New York. In later
years Mr.. Wilson regretted his omls-
sion of Mr. Brandeis from the cab
met and made amends by appoint
inc him to the supreme court OF the
United States. While it was not gen.
erallv known, Mr.. Wilson frequently
consulted Justice Brandeis during
the war and in reconstruction days.
He was an inconspicuous but lntlu-
entail adviser.
What Mr.. Wilson liked about Mr..
Redfield was his knowledge of the
tariff question. Although Mr.. Red
field as a member of congress had
attacked Mr.. Wilson'S candidacy in
the days prior to the Baltimore con-
vention, Woodrow Wilson forgaye
that opposition and accepted the es-
innate which so many people gave
liam C. Redfield. During the cam
, paign at Sea Grit Mr.. Wilson mad
occasion to confer frequently with
Mr.. Redfield and found him so ia
miliar with the tariff question that
he came to respect his judgment on
business questions very highly.
Another intimate friend Of Mr..
Wilson who felt that he should be
attorney general was A. Mltchen
Palmer, of Pennsylvania, the floor
leader of the Wilson forces in the
Baltimore convention. Mr.. Wilson
did not think Mr.. Palmer was as
brilliant a lawyer as James c. Nc
/ REYNOLDS whom he had fixed upon
as his choice for attorney general.
Won on Merit
Mr.. McReynolds owed his APP
pointment not to any political in
! fluence but his achievements. Mr.
! McReynolds had appeared in the
| federal courts under Judge William
Howard Taft and when the latter
became president and Attorney Gen
eral Wickersham was in need of a
special attorney general to prose-
cute the tobacco cases, President
Taft suggested that Mr.. McReynolds
! had made a very good impression
upon him in early daye. Mr.. Nc
Reynolds became assistant attorney
general of the United States and
when the supreme court rendered its
opinion saying the tobacco combine
was good trust" Mr.. Mercy
nolds issued a statement tearing
holes in the decision. Woodrow
Wilson, studying the trust question,
read the McReynolds statement on
| the tobacco case and filed it In the
back of his mind.
The whole country was secured to
! find an attorney general who WoulI
! fit in with the Wilson specification S
OF what the head OF the department
of Justice should be. But the choice
inevitably turned to Mr.. Mercy
nolds who was already at work in
the department of justice and Was
| in q position to carry forward the
all-important New York, New Haven
and Hartford railroad prosecution
land the coal cases. Mr. McReynoids
was a Tennessee Democrat and
qualified to take up the work in the
| department Of justice. Mr.. Wilson
always held James c. McReynolds
! in high esteem as a lawyer and sub
sequently appointed him 10 the SUI
preme court Of the United States.
Tuesdays chapter tells of what
/ Mr.. Wilson thought of his own Cabi-
metz