Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-06-08
BY WILLIAM HARD.

Now that Mr. Roberts of Pennsyl-
vania Is wearing robes in The Supreme
Court of the United States, there is
great deal of speculation as to whether
OF not he will turn out TO be liberal"
1t is known that he has been very lib
eral' in his attitude toward the eight
zenith amendment. It is known that
the amendment does not seem 20 have
impressed him as being the wisest en-
actment OF all time. 1t is also known,
however, that his personal inclinations
or his personal previous practices will
not in any way affect mis- professional
constructions of the Constitution on the
bench. Even If his opinions as citizen
might be those of Al Smith, his opin-
ions as a judge might turn out to be
on the law and on the legal facts
wholly satisfactory 10 Bishop Cannon.
When Mr.. Stone of New York was up
for confirmation to the Supreme Court,
there were many Senators who were
distressed by his conservatism" He
dined among the rich. He had per-
mitted the prosecution of Senator
Wheeler of Montana. He was acquaint-
ed with corporations in New York City.
Now Mr.. Stone dimes among the rich
and votes on the Supreme Court bench
progressively with Mr.. Holmes and
Mr.. BrandeiS.
Friend of DOwntrOdden.
Mr. Brandeis virtually never dimes
anywhere except in his own apartment
He has virtually no personal associates
except people interested in sublime
causes. He has the most spiritual
countenance in Washington. He lives
the life of the auStere aloof scholar.
He is perfectly Well-to-do. Theory might
schedule him to be the special friend
of the elite. He is the special friend
of the downtrodden. You never can tell
about Supreme Court justices.
Mr.. Holmes, voting SO often on the
bench along with Mr. Brandeis, is also
ranked as a special friend of the down.
little about the down-trodden. He has
been known to deplore the progress
, made by the doWn-trodden in taxing
! the rich landowners of Great Britain
! into the selling of large fragments Of
/ their beautiful estates. Mr.. Holmes
| liked that beauty. He regrets its posi-
| BILE passing He votes with Mr.. Bran
deis not on economic philosophy but on
| constitutional law.
| Mr. Holmes is by nature a Brahmin
Mr.. BrandeiS is by ambition a proleta-
/ rian. Mr.. Stone is by temperament a
| solid, substantial corporation or univer-
! sity executive. They have three wholly
| different personal approaches to life
| They resemble one another only in that
their approaches are open and active
and free and unclouded and unclogged
by the impediments of prior prejudices
Hughes Growing Younger.
| 1t is thought here that MI. Roberts
! has that same capacity for modernity
Ii is likewise thought that the new
Chief Justice, Mr.. Hughes, has it. MI
Hughes, ever since he passed So ha.
been growing younger instead of older
1t would hardly surprise Washington t.
see his hair turn black. He can aSsimi.
late ideas now which at 40 he would
have been told too old to admit to hi.
attention.
From this point of view there is
possibility that the United States Su
preme Court now has a progressive
majority. 1t would consist of Mr.
Hughes Mr.. Holmes, Mr.. Brandeis, Mr.
Stone and Mr.. Roberts They all o
them are peculiarly capable of consid
ering the common sense of the TWEEN
tieth century as we'll as the common
law of the fourteenth. That is tn
bond between Mr.. Holmes and Mr.. Bran
deis and Mr.. Stone today. It NAV b
the bond that will add Mr.. Hughe