Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-03-20

One vacancy on the United States
Supreme Court, created by the death of
Justice Edward T. Sanford, and possible
vacancies in the near future, have
turned the eyes of the country on the
field of candidates for membership In
the tribunal. 1t is pointed out generally
that President Hoover may have an
exceptional opportunity to create a
better balance between conservative and
liberal groups and to recognize the
South. although there Is much argu-
ment in favor of basing appointments
on ability, regardless Of economic or
political questions.
Viewing the temper and outlook of
the new men who are to go on the
bench" as of very great importance"
and holding that ''on these qualities will
depend in large measure whether the
Constitution shall become a strait
jacket on legislation. or shall be so
interpreted as to permit the social and
industrial experimentation that Is so
essential In the modern world. the Kan
gas City Star adds the opinion: Social
experiments have been essential to
American progress. Periods Of great un-
rest have come when a strict construc-
ZIONIST Supreme Court has prevented
those experiments from being made.
poSal for the recall Of judicial deci-
sions.' Fortunately in most times of
crisis the court has been disposed to
liberal construction-as, for instance in
the famous inSular decisions Of nearly
80 years ago, that made 1t possible to
retain the Philippines. President
Hoover will do the country vital serv-
ice If he sees to it that in reconstruct
ing the Supreme Court the liberal point
OF view Is given due representation"
1.-THE attack upon the appointment Of
Chief Justice Hughes, 1t Is generally
agreed" according to the Charleston
Evening Post, was not so much a mat
ter of hostility to that distinguished
jurist and statesman as of diSSatiSfac-
ton with the court itself and with the
course Jurisprudence. How far this
is wholesome and how far it may 20
without serious consequence may depend
largely on the courts personnel-that
Is, upon the interpreters of the laws
affecting economic and social problems
which are looming large upon the politi-
cal scene. A broader reasoning and O
more liberal construction OF the funda-
mental law may sufficiently relax the
tension which is growing apace, and to
this end there is certain to be closer
and more critical scrutiny of the NOM
nations made for the Supreme Court"
There would be general approval of
the Presidents action" says the Chat
tanooga Times, If he were to 60 first
to the Federal circuit and district
branches. The people like to see faith
fulness and ability in these courts re-
warded as 1t was in the case of Judge
Sanford, and 1t is altogether proper that
recognition should be forthcoming when
IT, tNA -
On another phase of the matter of
fitness the Hartford Courant argues:
The circumstance that one of the
habitually dissenting minority of three
on the court, Justice Holmes, has Just
celebrated his eighty-ninth birth
day anniversary, while another, JUS
tice Brandets, has reached the
seventies, may be used as an argu-
ment for the appointment at this
time OF one who might be expected
to identify himself with them. Such
considerations may not be wholly disre-
garded, yet members of the Supreme
Court should under no circumstances
De CHOSEN by methods or for reasons
similar TO those followed In the selec-
ton. say, of members of Congress. The
supreme Court is not part of the rep
resentative branch of the Government;
1t is separate, judicial agency. 1t
should be kept so If it is to continue TO
fulfiili its useful function In the life and
progress Of the Nation"
President Hoover" suggests the
Cleveland Plain Dealer, may have al
most as much rebuilding of the court on
ms hands as did President Harding.
We are confident that he appreciates
the Importance of creating in 1t better
balance of liberal and conservative
opinion" The Asheville Times predicts
that his action will have to meet the
test Of the most searching inquiry" Tine
Richmond News-Leader finds that "tne