Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-05-20

tration, several
friends of the
Arkansan urged Jaw" Lawrence
the then President to appoint him.
During the last four years that
Senator Robinson has served as ma
5ority leader, the impression has been
widespread that when the first vacancy
occurred on the Supreme Court bench
Joe Robinson would get it. Some
people have gone SO far as to criticize
Senator Robinson's devotion to adj
mln1stration policies even when they
have been in conflict with alleged
points of view Of his own. But whether
there is or is not any justification in
such comments, the fact remains that
irrespective Of party, many Senator
has held the concept of ma jority
leader to be one that requires thick
and thin support of an administration
program when intrusted to him by the
party leader, the President.
Supports New Deal Measures.
Senator Robinson often has been
claSsed as conservative by the more
radical groups, A glance back at his
record under the present administra-
ton will show that he has not only
supported the New Deal uniformly, but
that he has performed yeoman service
to get its measures through the Senate
1t might be urged against Senator
Robinson that he has had no expert
ence on the bench. But neither did
Senator Sutherland have any when he
e. was appointed to the Supreme Court
directly from the Senate. So also did
President Cleveland select Edward
Douglas White of Louisiana direct
from the United States Senate.
Some lawyers say they would pre-
Ter to have on the Supreme Court
bench a man with broad legislative
experience rather than a man who
has already been on the bench. Ger
family Joe Robinson's experience in
Congress, if it only dated from the
days he was one of the original pro-
gressives in the House who helped
President Woodrow Wilson with his
program in 1913, is about as compre-
hensive as anybody's in public life
today. With the exception of brief
period in 1913, Mr.. Robinson has been
IN Congress ever since 1903
Popular in Senate.
1t is no eXaggeration to say that
members of the Senate almost to a
man, Republicans and Democrats
alike, would like to see Joe Robinson
win Van Devanter's seat. He is 81
years old, which Is about the age at
which many other justices have been
appointed
Inc controversy over the Presidents
bill to enlarge the Supreme Court is
apt to change at any moment now
because the first vacancy is expected
to lead to another. While the many
friends of Justice Brandeis would dis
like to see the court deprived of his
liberalism, still the situation which he
faces is one Of great embarrassment
For with Justice Van Devanter, aged
78, retiring, it is going to be difficult
for justice aged 80 to face the Presi-
dents criticism.
For strategic reasons the President.
OF course, is saying no compromise. !"
His supporters in the Senate Judiciary
Committee nevertheless tried to vote
out a compromise The President
wants the bill voted on by the Senate
as early as possible. The House of
Representatives, he doubtless assumes,
will pass the bill in whatever form
the President wishes and then the
real compromise would arise in the
conference committee.
Conference Fight Looms.
There is one flaw in this outline
Of future trends. 1t is that when g
conference committee report comes to
the Senate on bill to enlarge the
Supreme Court, it will be fought Just
as vigorously as the original bill.
Meanwhile Mr.. Roosevelts tactics
are not making matters better on
Capitol Hill. His treatment of the
Supreme Court issue has caused many
expressions Of regret among his close
friends and supporters. There was,
for instance, some chagrin over the
news in the following item which was
sent out yesterday by the United
Press:
President Roosevelt feels the res
1gnation of Associate Justice Willis
Van Devanter leaves the administra-
TONS program to enlarge the Supreme
Court standing with score Of one
up and five to CO. a source close tc
the White House revealed today.
THE political Interpretation of Van
- Devanter's retirement in the words OF
golf means that Mr.. Roosevelt counted
the action as one-sixth victory ir
his plan to add six justices to the
United States Supreme Court.
1.-The President feels an informed
source said, that the score is now
one up with five to go. If three JUS.
tices resign, the score would be dor.
my-ali even if the opponents should
win the last three holes.'"
The foregoing would seem to indi.
cate that persons close to the Presi.
dent are rejecting his attitude as on<
of coercing or driving from the bench
the particular six justices who harper
to be over the age Of 10, and that HI
will not be satisfied until he accom-.
plishes this aim, even though thu
Constitution assures justices OF life
tenure.
tCopyright 1879