Evening star., 1935-05-19
Roberts Holds Court Balance
Determining History of u. S.
Conservative or Liberal
Tenor of Decisions
Up to Him.
Has Backed Ne,U Deal in
Big Cases already
Before Tribunal.

A spectator from afar, glancing at
the American scene, might be for
given for thinking that one man alone
Is determining the course of the coun-
try's history-one tall, sturdy, black
robed justice of the Supreme Court,
Owen Josephus Roberts, who had his
Goth birthday on May 2.
A President and Congress are elect
ed In a great political overturn. The
President proposes far-reaching re-
forms. Congress makes laws to put
the program into effect.
Somebody doesn't like law. He
goes to court about 1t. The case Is
heard in all the lower courts. until
finally this new law of the land Is laid
before the nine lawyers, between go
and 78 years old. They are justices Of
the Supreme Court.
Both Sides Look to Roberts.
"Is this law O.K.?" the country asks
these nine men. Shall we live by
this law our Congress has passed."
Four of the justices say "yes."
Four more of them say mo"
They all look to Justice Roberts.
Sometimes he says yes; sometimes
no"
Why single out Justice Roberts?
Because he Is the one who always has
been found on the winning side Of
these big New Deal tests. On the Min
nesota moratorium case; on the milk
bottle" case; on the gold case; finally
on the railroad pension case-which-
ever way Roberts went, so went the
court.
Always four upholding the conserv-
ative view; always four, including
Chief Justice Hughes, supporting the
more liberal view. And Justice Rob-
erts casting his vote one way or the
other.
Tied to no Faction.
At the time Of Mr.. Roberts appoint
ment to the Supreme Court, Senator
Pepper of Pennsylvania declared:
Roberts ought not to be classified
as a liberal or as a conservative. E.
All groups in the country will find him
friendly, but none will ever be able
to claim him as an ally.
"He will be detached in his conSid-
Grafton of cases, and it will soon be
recognized that his distinguishing
characteristic is determination to
act on principle"
This portrayal of Roberts Is sup
ported by an anecdote of Roberts boy
hood in Philadelphia, reported by his
octogenarian father, retired wagon
manufacturer, when the sons name
became nationally known for his work
in the oil scandals.
"Owen wanted to be a school
teacher" said Father Roberts. Il
wanted him to be a lawyer. He was
always good at arguments. He pro-
tested that he did not want to be q
lawyer, because lawyers were not hon.
est. I told him we would lay the mat
ter before DR.. William Kershaw, head.
master of Germantown Academy.
which Owen was attending.
"'Your father is right said DR..
Kershaw. You will be a lawyer,
Owen
"'But how can I be a lawyer and
be honest?' Owen asked. remember
DR.. Kershaw arose and laid his hand
on the boys shoulder.
"'Owen.' he said, you can be hon.
est at anything!'"
Dared to Oppose Wares.
When Mr.. Roberts was one of Phil
adelphia's leading lawyers, before the
national spotlight focused upon him.
a wealthy clubman was charged with
drunken driving, after his automobile
had killed three persons. Attorney
Roberts took the case only after he
had exacted promise that the man
would plead guilty to the charge. He
did so, and was sentenced to Jail.
And it is Of record that in Phila-
delphia city politics Mr.. Roberts had
the courage openly to oppose on oc-
casion the wishes of the brothers Ware,
who operated the now-crippled polit-
ical machine which long held the city
in its grip.
Appointed in 1908, he served for
three years as assistant district attor-
ney of Philadelphia. In wartime he
was appointed by the Wilson admin
istration a special Deputy Attorney
General, to prosecute cases arising in
the Philadelphia district from violation
of the espionage law.
Had Part in Oil Probes.
Mr.. Roberts most notable public
service prior to his elevation to the
Supreme Court was performed in as
sociation with Ohio's Democratic ex-
Senator Atlee Pomerene in the pros
ecution of the naval oil scandals.
which had been brought to public at
The tluo-tub lUash<