Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-10
Mr.. Roberts Is Appointed.

j. Roberts of Philadelphia to the Su-
preme Court and in so doing has select
ed one of Americas outstanding law
yers for this honor and service. When
the report Of Mr.. Roberts appointment
first reached the Senate yesterday there
was immediate praise of the selection
praise, too from the camp which had
opposed the confirmation of Judge John
j. Parker of North Carolina and earlier
opposed the appointment of Chief JUS
tice Hughes. 1t was not long, however,
before some one had discovered that
il 1928 Mr.. Roberts at dinner in New
York had not advocated prohibition
and had, in an academic discussion of
the subject, said that prohibition had
no place In the Constitution, but should
be matter of statute law. Others
were shaking their heads because it was
presumed that Mr.. Roberts owned stock
in corporations and because he had
probably been employed by large COR
porations as counsel. It takes brave
man to predict today what the Senate
Of the United States will do. But not
withstanding the effort now being made
to pick flaws in the appointment Of Mr..
Roberts, it does appear that this nomt-
nation to the Supreme Court viii be
confirmed. Possibly majority OF the
Senate will have wearied, or a SUI
ficient number of the Senators viii have
come to the conclusion that after all
it may be necessary to fill the Vacancy
with man well qualified for the place
in the view of his fellows.
Mr.. Roberts has had distinguished
career as member of the American
bar. He has shown his ability and
his legal training and knowledge IN
innumerable cases. His employment as
special prosecutor in the oil reserve
lease, cases, including Teapot Dome,
brought him particularly into the lime
light. For this work he has been
praised by the Progressives in the
Senate and by many of the Democrats.
In picking Mr.. Roberts to I'LL the
vacancy in the Supreme Court, Presi-
to place on the bench man of great
ability, Of integrity and of wide ex-
perience. 1t is true that he has not
before had experience on the bench.
But perhaps so far as his confirmation
by the Senate is concerned that makes
it easier for Mr.. Roberts to pass through
the EYE of a needle" Doubtless some
of the cases in which he has been
employed will be resurrected If the effort
to defeat his confirmation should reach
really threatening proportions.
In the past the qualifications for
service on the Supreme Court have
been ability, legal learning, honesty and
strength of character and temperament
that would permit even-handed deal
ing. Today, however, it appears that
these qualifications must be supple
mented with personal views on myriad
Of subjects which may fit in with the
views Of various groups represented In
the Senate and the country. These
views are sometimes divergent, depend
ing upon the group which holds them.
One group urges the need of con-
servative thinker who takes seriously
the guarantees of property and liberty
under the Constitution. Another would
place human rights" above everything,
whether there be a conflict with the
fundamental law or not Still third
group would make adherence to the
cause of prohibition sine qua non,
and a fourth prefers an opponent of
prohibition. Then there are Senators
who believe that if man has been
employed by big clients his views are
warped thereby until he cannot deal in
| justice. If the present course is per-
sisted in, it may in the end break
down the great balance of the American
form Of Government, set up under the
Constitution and looking to an indie
pendent judiciary. Furthermore, II
may result In the exaltation OF
mediocrity.
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