Evening star., 1937-08-04

Court justice to .,,-
develop after '' e"'e'
Congress adjourns and that he would
prefer to fill two vacancies at one
time, thus affording an opportunity
to name radical and a liberal con-
servative.
Second, that Mr.. Roosevelt has in
mind the nomination of some one
whose name he knows will not be
palatable to the Senate and Will raise
a controversy, the repercussions of
Senate reconvenes next January, when
the appointee will already have donned
the robes of offi>e.
Third, that Mr. Roosevelt needs
votes in Congress between now and
adjournment for crucial measures. and
that If he withholds an appointment
re will not antagonlze any of the
Senators or Representatives who are
known to have their favorite candi-
dates for the vacancy on the court
which now exists.
Keeps Bait Dangling.
The last reason preSupposes that
Mr.. Roosevelt does not think Congress
will adjourn without vote or two on
some question vital to his administra-
ton, and that he would prefer to keep
active in his behalf those Senators
who are urging particular appoint
ments.
OF all the reasons, the first one
seems to be the most logical. 1t seems
to At in with what was generally un-
derstood to be the situation before
Senator Robinson died. The bosom
friends of the Arkansas Senator say
the latter never did get a definite
statement in so many words from Mr.
Roosevelt of his intention to appoint
him to the bench. Instead, it is said
} Mr.. Roosevelt limited at the prospec-
tive appointment of Mr.. Robinson in
an indirect way, declaring that it was
necessary to pass the Logan-Hatch
substitute in order that two vacancies
might be Immediately developed. It
will be recalled that the substitute
plan called for only one appointment
year of additional justices beyond
one additional vacancy created by law,
plus the one caused by the retirement
OF Justice Van Devanter, would have
given the President two appointments
to make
Naturally, if Mr. Robinson thought
he was to get an appointment, but
only after the Logan-Hatch proposal
was passed, it might humanly enough
have spurred him on to further efforts,
or at least to eXpedlting action on the
substitute, so that the President would
be able to meet the then existing sit
uation as circumstances required.
Other Vacancies May Develop.
Only Mr.. Roosevelt himself could
verify matter of this kind. If, to
be sure, he has had it in mind for
some time to balance radical with
q liberal conservative, then he might
now be takihe seriously the predic-
ton made to the House of Represent
atives in a stirring address by Chair
man Summers of the House Judiciary
Committee to the effect that there
would be further vacancies in the
VOul OStulII Ing III VIC Icy uIdl way
once Congress got rid of the court bill.
IT is true the Senate has recon-
mitted the court packing bill, but
some administration enthusiasts have
announced their intention of reviving
the issue in some form by tacking on
an amendment requiring a tWo-thirds
vote Of the court to invalidate an act
of Congress.
Many persons on Capitol Hill are
guessing that if Mr.. Roosevelt did not
have some such plan of waiting for
an additional vacancy before filling
the existing vacancy, he would have
acted long ago. All three prominent
persons mentioned for the present
vacancy-namely Stanley Reed, solic-
itor general; Samuel Bratton, Circuit
Court of Appeals judge and former
Senator from New Mexico, and Judge
Hutchinson, also of the Circuit Court
Of Appeals in TeXas-could be con-
firmed by the Senate without pro-
longed controversy.
Might Confound Critics.
Indeed, it is pointed out that PreSi-
OellL ROOSEVELT 11dS ClldllCS 10 con-
found his critics by naming men of
the foregoing type. For it can then
be asked on his behalf why there was
so much furor about court packing"
when on the first opportunity to fill
vacancy justice is appointed who
Is promptly accepted by conservatives,
liberals and radicals alike in the
United States Senate.
Those who think Mr.. Roosevelt has
some other idea in mind-namely, to
wait for second vacancy-insist that
the President would by now have filled
the post if he really intended to pick
any of the three mentioned who could
be so quickly confirmed. The mere
asking for an opinion about a recess
appointment, when the President
knows there is at least two weeks more
of the present session in which to get
confirmation of any of the three men
mentioned above, shows he has some
other plan in the back of his mind.
Hence the belief most plausible is that
Mr.. Roosevelt wants to make two ap-