Evening star., 1937-05-19
ROBINSON BOOM
FOR VAN DEvANTER
SEAT IS LAUNCHED
Colleagues in Senate Push
Plan as Dispute Arises
Over Eligibility.
SUMMERS ACT NO BAR
IN PITTMAN'S OPINION
Some Supporters of Arkansan Be-
lieve Law Could Be Amended
to Fit Case.
BACKGROUND

Ddnter ,Dds the first under recent
act OF Congress extending this priu-
alege to Supreme Court justices.
Prior to passage of act, Supreme
Court justices had to resign to leaue
bench, thereby losing status as
Judges. As a retired justice, Mr..
Van Depdnter is eligible for emer-
gency duty at the request OF the
Chief Justice in circuits uhose
dockets hare become congested.
(See Court Bill Story, Page Az
By the Associated Press.
Senatorial colleagues today pushed
the name of Senator Robinson, Demo-
crat, of Arkansas to the forefront of
the discussion of possible successors to
Justice Van Devanter.
Senator Pittman, Democrat, of Ne
vada publicly voiced the view ex-
pressed privately by many other
Democratic Senators that Robinson,
64-year-old party leader should pe
appointed.
In 30-odd years in Congress he
has proven he is man of integrity
and courage and splendid legal at
tainments," said Pittman.
A dispute arose over Robinson S
eligibility. Some Senators held the
view that the recent enactment of
the Summers retirement bill barred
the appointment of any present men,
Der of Congress. Others disagreed.
The Summers bill provided full re-
tirement pay of $4,000 year for
Supreme Court justices. The Consti-
tuition prohibits the appointment of
members of Congress to posts created
during their terms or the "emolu-
ments" of which have been increased
during their terms.
Pittman said he believed the Sum-
ners act did not come within the con-
stitutional prohibition. Senator Adams,
Democrat, of Colorado expressed the
belief that it did. President Roose-
welt, at his press conference, said ne
had not studied the situation.
Law Could Be Changed.
Some supporters Of Robinson sug-
gested, however, that if the Senate re-
garded the Summers act as a bar to
the nomination of the Democratic
leader, that law could be amended so
that it would not apply to him.
Adams construction of the law also
would exclude another member of the
Senate frequently mentioned as
Supreme Court possibility-Senator
Wagner, Democrat, of New York.
Robinson's role as Democratic leader
in the Senate for 13 years has thrust
him into heated political rows. Only
two months ago he replied to the i'm
piled criticism of the administration
bill made by Justice McReynolds in a
good craftsmanship speech.
Himself the vice presidential rum
ming mate of Alfred E. Smith in 1928,
Robinson was chosen to make the ad-
ministration's reply to Smiths Liberty
League address year ago.
Nomination of Robinson would
create an immediate race for the DEM
ocratic leadership post in the Senate
Among those who might succeed to
It are Senator's Barkley, Democrat, of
Kentucky; Harrison, Democrat, Of
Mississippi; Byrnes, Democrat, Of
South Carolina, or Pittman.
Robinson was one of the oldest men
mentioned for Van Devanter's post in
first discussions. Another was At
torney General Cummings, 81.
Two members of Cummings staff
Solicitor General Stanley Reed, s.,
and Assistant Attorney General Rob-
ert H. Jackson, 45-were suggested in
some quarters. Jackson said at his
Jamestown, N. Y, home:
Il am not candidate for that ap-
point1nent and I do not wish my
name considered"
Among others mentioned were
Chairman James M. Lands, 38, Of
the Securities Commission; Gov. Frank
Murphy of Michigan, "A; Donald r.
Richberg. SIS, former N. R. A. chief;
Prof. Felix Frankfurter, 54, of Harvard
Law School; Justin Miller, So, Of the
Board Of Tax Appeals and three New
York judges, past and present-Ferdi-
nand Pecora, IS; Learned Hand, IS,
and Samuel Rosenman.
Also mentioned were Benjamin v.
Cohen, 42-year-old New York lawyer,
co-drafter of the securities and public
utility holding company acts, and
Thomas G. Corcoran, who serves in a
legal capacity in the Reconstruction
Finance Corp.
While White House officials re-
manned silent concerning the appoint
ment, others said it was too early to
talk about new justice. Most in
formed persons predicted the appoint
ment would be deferred until after
June 2, when Van Devanter actually
leaves the bench.