Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-28
CHANGES FORESEEN
IN NAMING JUDGES
Showdown Is Expected on
Respective Rights of Sen
ate and President.
BY MARK SULLIVAN.

Attorney General William D. Mitchell
with the backing, 1t is taken for
granted, of President Hoover, has
thrown into the open the whole princi-
pie and practice of appointing Federal
Judges. Practically everybody in Wash
there is to be a showdown" on the
respective rights of the President and
the Senate with respect to appointing
Federal judges. 1t is another and ex-
tremely important battle in the unend.
ing controversy between Senate and
Executive, with the Executive now tax
ing the initiative. Mr.. MitchelPs &C.
ton in making a public statement and
throwing the matter open before pup
lie opinion is unprecedented within the
memory of Washington observers.
The specific case on which the ad-
miniStration takes its stand arises in
Minnesota In that State Federal
Judge is to be appointed. The one Re-
publican Senator from the State, Schall.
presented a name Attorney General
Mitchell regarded the man proposed as
not having the proper qualifications Tor
a Federal judgeship. Senator Scnali
stood nat. refused to withdraw the name
he put forward, and refused to consider
any other suggestion. The deadlock
thus caused has existed for several
months.
Reversion to Constitution Seen.
Attorney General Mitchell's public
statement of the case is in the nature
of things an appeal to public opinion
for support in his course. II public
opinion sustainS him, a revolution may
be effected in the process OF naming
Federal judges. The revolution VIII De
in fact a revolution backward, re-
turn to the method contemplated by the
Constitution.
AS Mr.. Mitchell puts it under the
Constitution, power to nominate-that
is. the duty of selection, rests with the
President, and the function of the Sen
ate is to approve or diSapprove. Tna'
is what the Constitution provides.
What has grown up in practice, how
ever, is almost the precise opposite
When. as in this case, Federal judge
ship is vacant in a gwen State, the Sen
ators from that State belonging to the
party in power, regard the opportunity
as constituting part of their norma
patronage. The Senator picks man
and presents his name to the Attorney
General and the President. The rela-
ton of selecting and approving Is re-
versed, with ths Senator doing the Sc.
lecting while the Attorney General ano
the President are limited to approving
If the suggested appointee to the bencf
is conspicuously inferior, the President
and the Attorney General may ask the
Senator to select another name. In the
present case, Senator Schall stands pat
Senate Attitude Awaited.
What remains to be seen is whether
the Senate as a whole will stand b.
Senator Schall The rule in the pas
has been for the Senate as whole Il
defend the prerogat1ve Of each Senator
Furtively or openly the Senate says, II
effect. to the administration, II vol
don't appoint the man recommended .!
one of us, we won't confirm anybod,
YOU do appoint. and besides we VII
thwart you about legislation you want:
1t is fair to say that some Senator'S az
not participate IN this attitude. TIT
fraternal sense Of "cne for all, all 10
one" is, however, very powerful In thu
Senate.
Attorney General Mitchell. In thu
present case, says he has been tolc
that / might help President Hoover
politically in Minnesota" If he would
accept Senator Schall's man. Mr
Mitchell adds that President Hoovel
has raised a standard of judicial ap
pointnent in which political usefulness
does not enter"
The place where anger on the part o