The daily independent., 1937-08-03


Democrats; FDR Uncertain
Whether to Choose Tough"
Crusader or Safe Liberal; Judge
BrattOn of New Mexico Strong
Iy Backed, Wouldn't Be OPP
posed.
WASHINGTON - The Presidents s
delay in filling the Van Devanter
Supreme Court vacancy is not due
to preoccupation with other mat
ters. 1t is a deliberate policy OF
sparring for time. Behind it are
three reasons:
|. To prolong the session so the
Administrations legislative pro-
gram can be acted upon.
AS long as they think there is a
chance of an early Court appoint
iment, several Senators backing
their own candidates will oppose
adjournment. So by withholding
the nomination, the President can
counter the strong pressure to go
home.
2. Roosevelt has not made up
his mind on the selection.
He is torn by two conflicting
counsels; one. that he name a
middle of -the-roader; the other,
that he 60 the whole hog and
nominate a ringing leftWinger,
such as Governor Murphy OF
Michigan or Lloyd Garrison, bril-
liant young Dean Of the Univer-
sity of Wisconsin law school and
former Labor Board chairman.
An appointment Of the first
type would ensure prompt and
easy confirmation On the other
hand, tough" appOintee would
mean a fight in the Senate. This
gives rise 10 his third reason for
Stalling.
3. For the time being Roosevelt
wants to avoid another battle on
the Supreme Court.
A confirmation struggle would
reopen the old battle and might
lose him the votes Of Democrats
Who opposed the court reorgani-
zation plan. BY next January,
however. temperS will have cool
ed.
! BrattOn Drive
In filling the vacancy. the Pres
ident is under tremendous pOlltl-
cal pressure from a number OF
quarters.
The biggest drive is behind the
candidacy of Circuit Judge Sam
Bratton of Albuquerque, N. M
Forty-ninc years old and red
headed. BrattOn has been 4 men,
Der of the New Mexico Supreme
Court and twice was elected tC
the Senate. from which he resign
ed several years ago to accept
RooSevclt'S offer Of the circuit
judgeShip.
He is rated as a moderate lib
eral of ordinary ability, and his
appointment would stir up no OPP
position. This is the strongest
point in his favor.
Key Appointment
All political factions are watch
ing RooScveltS choice with intent
interest, because the man selected
will be a significant clue to the
whole political situation. A mid
die of -thc-road choice, such as
BrattOn. would indicate that
Roosevelt is bent on peace, anX-
ious to avoid a SchiSm III the DEM
ocratic party.
Selection of a CruSading New
Dealer would serve notice that
Roosevelt has neither forgotten
nor forgiven his Count uOunClng
and is prepared to continue the
struggle to the bitter end.
Senator Ashurst
At the very start OF the supreme
Court fight Senator AShurSt OF
Arizona, Chairman of the Judici-
ary Committee, says that he told
Senator Joe Robinson:
Joe. if we work too hard on
this, or don't keep our sense OF
humor. it will kill u.s."
Ashurst adds that he followed
his own advice.
Publicity Hound
When Ed McGrady, hard-Work-
ing Assistant Secretary of Labor
went to Philadelphia to settle
long drawn out hosiery strike, an
assistant of Mayor S. Davis Will
son approached him and asked II
there was any chance Of the strike
being settled that night.
Il doubt it," McGrady replied
but l can't say definitely"
"Okay, then I'll stick around a
while and see how things shape
up"
He waited until midnight. Wher
he rose and remarked: We'll,
guess I'll tell the Mayor he car
go home now. You certainly aren't
going to settle this strike tonight.
Perplexed, McGrady asked what
he meant.
"Oh, the Mayor has been wait
ing in his office for the strike tC
be settled" was the explanation
so he could come up and have
his picture taken"
The strike was not adjusted
that night. Next day another City
Hall henChman asked McGrady il
there was any likelihood of q set
tlement that evening When tolC