Evening star., 1937-05-19
WASHINGTON OBSERVATIONS
BY FREDERIC WILLIAM VILE.

Associate Justice Van Devanter's resig-
nation. though long rumored as an i'm
minent possibility. took most of WASH
ington by surprise. Belief, supposed to
rest upon direct word from Chief Justice
Hughes and his colleagues, has per-
sisted that none of them would retire
under fire-that is, while the court con-
troversy remained In the legislative
stage. Unless Van Devanter's example
is emulated by others eligible to quit
under the new retirement act, his action
is not expected to alter the situation
from the Presidents standpoint or halt
F. D. RS determination to secure enact
by the Senate Judiciary Committee. The
78-year-old jurist, who will relinquish
his place on June 2, is the ranking men,
Der of the court, with roundlY q years
of service to his credit. He first entered
the Federal judiciary by appointment OF
President Theodore Roosevelt to the
Circuit Court in 1903 and was elevated
to the Supreme Court seven years later
by President Taft. A native Of Indiana,
Justice Van Devanter went to Wyoming
in early manhood. His initial judicial
post was given him by President Harri-
son, who in 1889 made Van Devanter
chief justice of the territorial supreme
bench at Cheyenne Despite consistent
identification with the conservative wing,
Van Devanter has the reputation of
being one Of the soundest and most
seasoned legal minds on the Nations
tribunal Of highest resort.
Dramatic suddenness of the Van De-
vanter resignation strengthens the view
that any number of things equally as
unexpected may happen to alter the
court conflict with lightninglike rapidity.
This includes the possibility OF COM
promise on Mr.. Roosevelts part, not
withstanding the adamant front pre-
sented by the White House. Evidence
Of the intensity and size of the Demo-
cratic revolt, indisputably Illuminated by
the Senate Judiciary Committee vote, is
thought certain to be having cumulative
effect upon the New Deal high command,
especially the politically-minded branch,
which thinks in terms of campaigns and
elections. There's no doubt whatever
that the President has been taken COM
pletely and disagreeably by surprise by
the magnitude and stubbornness OF the
opposition to court-packing. He ap-
parently remains convinced, nevertheless.
that the people, broadly speaking, are
far more favorable to the scheme than
Congress. This reputed conviction ac-
counts for late reports that the Chief
Executive will not shrink, if necessary,
from taking his cause straight to the
country at large In great and solemn
referendum, either before or In the 1888
election.
With at least one Supreme Court ap-
pointment already at his disposal, specu-
lation is instantly revived as to Presi-
dent Roosevelts preferences for new
blood" on the high bench. Two men
continue to rank as top possibilities
Assistant Attorney General Robert H.
jackson and James M. Lands, Securities
and Exchange Commission chairman and
dean-designate of Harvard Law School.
Senator Bob Wagner of New York Is also
held to be strongly in the running.
Should Justice Brandeis' place become
vacant for any reason, Prof Felix Frank
furter would mount into prominence as
his logical successor Donald Il. Rich
berg, supposed co-architect OF the Judlcl-
ary bill, Is seldom left out OF account
when additional justiceships are under
discussion. One factor bound to be con-
spicuous In the Presidents mind when he
begins to think about new men Will be
their confirmation prospects, as well as
their eligibility from the standpoint OF
enlightened liberalism" Not, every one
30 far honorably mentioned Is assured
Of smooth sailing through the senatorial
Vn&AeH