Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-03-10
The Political Mill
By C. Could Lincoln.

chance to talk about the Supreme
Court. Scarcely had the dust settled
after the fracaS in the Upper House
over the appointment, OF Chief Justice
Hughes when it became necessary for
President Hoover to I'LL another vacancy
in the highest court, caused by the
death of associate Justice Sanford. The
Senate dragged politics-both partisan
and a new variety, economic-into the
Hughes confirmation fight. The next
appointment to the Supreme Court.
which is expected TO be made within a
short time, may or may not bring an
other such row. Not in years had there
been such an attack on an appointee
to the Supreme Court nor upon the
personnel of the court itself as that
which took place when Chief Justice
, Hughes nomination was submitted by
President Hoover. The reasons assigned
for opposition to Mr. Hughes were that
his economic theories, as they related
to government and to public utilities,
we're conservative" The opposition,
lead by Senator'S Borah and Norris,
progressive Republicans, and Senator
| Carter Glass, Democrat, lined up
as Republican progressives and Demo-
Gratis to vote against Hughes when
the roll call was taken. He was con-
| f1rmed, however, by a vote OF TWO 10
one.
X X II X
| If Mr.. Hoover sends to the Senate
the nomination of another man who
has represented as attorney big cor
| porations, particularly utility corpora
tons, and who may be assumed to have
similar views as those attributed to
Chief Justice Hughes and to the ma
| lority Of the present members OF the
! Supreme Court, there may be another
battle. At the time of the Hughes con-
! firmation the attack on the appoint
ment in the Senate was hailed as the
| beginning Of a revolution--WhateVer
| that may mean. But there has been
very little heard of the so-called revolt
since Mr.. Hughes took his seat on the
bench. The fight was one of the nine
| day wonders of America, and then
dropped out of sight. But the proba-
bilities are the appointment of another
man Of the same supposed views as
| the Chief Justice will bring a second
| round of the revolt" The appoint
ment of progressive" on the other
hand, while it would be favored by the
progressives who fought Mr.. Hughes,
would be claimed as victory by them
They would very likely say they had
scared the Chief Executive into ap-
pointing the kind Of a man they wished.
X X X
In some quarters IT has been Sug-
gested that the President may place
another former candidate for the presi-
dency on the bench-John w. Davis,
Democrat, Of West Virginia and New
York, who was his partys standard
bearer in 1924. Mr.. Davis is eminently
| qualified for such appointment. He is
learned in the law as few men are.
He is of high character. He has been
a member of the House, solicitor gen.
| eral of the United States and Am
! bassador at the Court of st. James.
Justice Sanford was from Tennessee,
which is not far from West Virginia.
| 1t is true he was Republican and Mr..
Davis is Democrat. But Mr.. Hoover
/ has a Democrat as Attorney General,
and it would be in keeping with prece-
| dent If he appointed a Democrat to
! the supreme bench. In the event Mr..
Hoover should appoint Mr. Davis to
| the court, 1t will be interesting to OBJ
serve how many and which Democrats
vote against his confirmation. Senator
| Glass doubtless would be. among the
| first to oppose his appointment and
Senator Thomas j. Walsh of Montana,
| both Of whom voted against Hughes.
| Senator Walsh not many years ago was
the official spokesman Of the Democratic
, party to notify Mr.. Davis of his selec-
ton as presidential candidate.
= X \
II the progressives were consulted
about selection to fill the neW vacancy
in the court, Judge william Kenyon of
the Circuit Court Of Appeals, former
Senator from Iowa, might we'll be their
choice. The progressiveS, however. usual
ly have great difficulty In backing solid
ly any one. Judge Kenyon would be an
admirable appointment from any point
Of view. He Is at present a member of
Mr.. Hoover's Law Enforcement Com
mission, commonly known as the "Crime
Commission" He is rated an ardent
dry, and certainly he is strongly for law
enforcement. The suggestion has been
put forward, too, that the present At
torney General, Mr.. Mitchell, might be
placed on the Supreme Court. He was
! solicitor general, appointed by President
Coolidge, and he had the backing Of the
members of the Supreme Court, headed
by the late Chief Justice Taft, for ap-
pointment as Attorney General. It is
true that he halls from Minnesota, and
there is a member of the court already
from that State, Justice Pierce Butler.
But that fact is not an insurmountable
obstacle to his appointment.
4 X X
1t has been suggested that Judge
Kenyon was geographically misplaced
for appointment to the Supreme Court
| in place of Justice Sanford, who came
from Tennessee. But Tennessee has a
second member of the court today,
Justice McReynoldS, which would seem
To solve that problem in favor of Judge
Kenyon. AS the court stood before the
death OF Justice Sanford, New York
had two members, Massachusetts had
two, Tennessee two and Utah, Mime
sofa and wyoming each one member.
There have been only two Democrats
among the members of the court, the
other seven being Republicans, q fact
which might incline Mr.. Hoover to Sc
lect member of that party when 1t
comes to filling the vacancy. However,
in the past it has been generally the
practice of Democratic Presidents to
select Democrats and Republican Presi-
dents to appoint Republicans to the
Supreme Court.
In other quarters the suggestion is
put forward that former President Cool
idge might be willing to accept appoint
ment to the supreme bench, though
whether he would be willing to be as
sociate justice. when Mr.. Hoover might
have made him Chief Justice, is a cues
ton, 1t is said. Some Of the politically
minded believe, however, that Mr., Cool
idge has 1t in the back of his head that
he may be called by his party to be a
candidate for President again. If that
were true, he might decline the appoint
ment to the bench. The last time a
member of a Presidents cabinet went
from cabinet Office to the White House
he was to ind his former chief his op-
ponent for denomination and reelection
as President. But Mr.. Coolidge does not
resemble in many respects the late
Iheodore Roosevelt, and If he is to be a