The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1930-05-10
The Senate Trumped in a Misplay

lie OCudL0 lTUIuUCU Ill d MlSUldy
It is refreshing to note the presidents course in meet
Ing the politics Of the senate upon the appointment Of a
supreme court justice to fill the vacancy caused by the
death Of Justice Edwin Sanford. The action Of the upper
chamber in rejecting his nomination Of Judge John J.
Parker has not appealed to the country as frank and
sincere. It has required 30 much explanation from the
opponents Of this nomination that the arguments against
Judge Parker seem more like an apology for an insin-
certify and an injustice.
President Hoover accepted the situation that develop
ed with the rejection Of Judge Parker with the calmness
and control Of = sincere. earnest and resourceful man.
Even more 30 he revealed this spirit In coming back at
the senate with his second nominee. It was like playing
4 trump card to name Owen J. Roberts for the post after
Judge Parker had been turned down. The senators who
opposed Parker had camouflaged their stand with speci-
t~icatiors as to what should be the social views Of a su-
preme court justice, and the president gave them q man
of that type. his attitude toward human rights as we'll
as what he must feel on the matter Of property rights
both embodied In his record Is special prosecutor in the
Teapot Dome and Elk Hills oil scandal cases Of the gov
eminent. >.
It is hard to see how the senate can persist further
in heckling the president in. this supreme court appoint
ment. The politics played by the upper chamber are
more than ordinarily harmful In this instance. They
tend to lower the sanctity OF this high court with suspi-
cion and to impair the prestige for probity which here
tofore has been the accepted impression Of the nation
VVW0A0 WAX upACaA OSAASA A"S ~ ~ SSAS
cd as q body Of jurists with minds detached from politi-
cal and partisan bias, fulfilling its functions Of consti-
tutional Interpretation in the spirit Of exact and balanced
soltcitude for the inte:t and operation Of the laws within
the mandate Of the ~rstion's charter.
Now the senate has been busy tearing at that impress
sion. It has by implication alleged that the supreme
court is q body which presidents are not above packing
in order that certain views which may be the subject
Of controversy, In spirit II not in letter, within the nation
may be puttressed by . set-up tribunal. But. rs the
Minneapolis Journal observes. would a court packed by
biased senator's be any better than a court packed by a
biased president? That is what the rejection Of Judge
Parker implies. The senators who voted against him
did so because his views did not coincide with theirs on
matters on which there Ii = division Of opinion in the
nation.
rts Sheppard. Of Texas. promptly invokes that line Of
argument against Nominee Roberts. He raises the wet
dry issue by asserting that Roberts Is wet and he wants
him rejected for that reason, As though the alleged wet
ness were In conflict with the prevailing opinion Of the
INSTRUMENTATION attitude, II It Is to be brought up In
the arguments over the nomination might well be as
glred. more in line with facts. from the evidence Of the
poll being taken now on that question. This, then. again
IS the uutenable position taken In the Parker case. where
the grounds for prejudgtng the nominee ostensiblt were
. labor case circuit court ruling in line with supreme
court precedent and comments relating to the color
iine, neither being in line With senate opinion sufficient
to bring the nominee defeat by the votes.
The senate outcome in the Parker case would destroy
the supreme court, In fact, instead OF liberalizins it. II
only Judges q the same mind = the senate are to be al
- MM 49, 1870 - - E4% HG@ &%R N#