Evening star., 1932-02-16
Judge Cardozo's Appointment.

The appointment of BENJAMIN Nathan
Cardoso, chief Judge Of the New York
State Court Of Appeals, 10 be an asso-
ciate justice Of the Supreme Court OF
the United States has met instant and
widespread approval. The qualifications
and ability of Judge Cardozo for ap-
pointment to the highest court IN the
land are recognized. He has been called
o liberal" The praise Of Judge Car
doso from conservatives" however, has
been as warm and As great as from the
"progressives" As !urist and as
man he has won the respect and ad-
mirstion Of them all. The United States
and the American people will be well
served by the new associate justice.
President Hoover, In making the se-
lection OF . new associate justice OF
the Supreme Court, was faced with the
problem Of filling . vacancy caused by
the retirement Of Associate Justice
Oliver Wendell Holmes, who had re-
markable record Of service as mem
Der of the Supreme Court. In deciding
upon the appointment Of Judge Cardozo
the President has waved aside geo
graphical considerations and has re-
placed a Republican with . Democrat.
Three n embers Of the court, including
the newly named associate justice, are
from New York City, the other two being
Chief Justice Hughes and ASSOCIATE
Justice Stone. The political makeup
of the court prior to the selection OF
Judge Cardozo was six Republicans and
three Democrats. 1t will now stand
five Republicans and four Democrats.
In the court and in its deliberations
politics should be and are forgotten.
The law governs and justice prevails.
The determination of the President
to appoint Judge CardoLo to the Su-
preme Court was not reached until care
full consideration had been given TO
many suggested judges and lawyers OF
ability in all parts of the country. For
tunately, there are many men IN the
United States fitted for such appoint
menI. 6uG even uliucl suSAA SA ASuAAA
stances the reputation and fitness OF
Judge Cardozo to NIL the Holmes va
cancy made his selection appear both
wise and in the interest Of the whole
country.
Addressing the New York Bar Asso-
citation not long ago on The judicial
Process Up to Now" Judge Cardoso said: {:
Not one Of US can say what law
means. Start . discussion IS to its
meaning, try to tell how 1t Is born.
whence 1t comes, out Of what we manu-
facture 1t, and before the dispute Is
fairly under way the vociferoH dis
putants will be springing At each Others
throats. I do not know how 1t will all
end. l know that 1t has been an inter
esting time to live in, an interesting
time in which to do my little share IN
translating into law the social and eco
nomic forces that throb and clamor for
expression.
In his final sentence Judge Cardoso
sums up the preoccupation Of his life.
As q member Of the Supreme Court he
will doubtless continue along similar
lines.
Judge Cardoso's appointment to the
Supreme Court will be considered by
the American people generally on IL
merits. Here and there. however, efforts
have been made already to show that
the President OF the United States
finally selected the New York judge, not
because of his eminent qualifications,
but because he wished to appease
group OF "progressives" in the Senate
who have been critical of his appoint
ment of Judge John H. Wilkerson OF
Chicago and Judge Kenneth Mcintosh
OF the State Of Washington to be
Judges Of the United States Circuit
Court Of Appeals. Such suggestions are
unfair both to Judge Cardozo and to
the President Of the United States
Judge Cardozo would not care to be-
lieve that his appointment had been
made for any such reason, and the uni
versal approval of his appointment itself
must give the lie to the suggestion.