Evening star., 1938-03-21

months ago you ask him to remain
an active member of the House and in
charge Of a piece of legislation on
which as judge he is subsequently
to pass in hundreds of tax cases?"
The point relates to Representative
. Vinson Of Kentucky, who was nomi-
mated on November 26 to fill the
vacancy caused by the retirement of
Justice Robb and was confirmed by the
Senate on December g.
Mr.. Vinson has delayed taking the
actual oath Of Office at the request of
the President, who has wanted him to
steer the new tax bill through the
House and conference committee. Mr..
VinSon has been chairman of the
subcommittee OF the House Ways and
Means Committee and is certain to be
q member of the conference COM
mittee on the new tax bill appointed
by the two houses to iron out differ
ences between the two chambers on
legislation.
Words Of Constitution.
But the Constitution of the United
States says:
No person holding Office under the
United States shall be member of
either house during his continuance
in office"
The purpose of that clause together
with another sentence in the same
provision about members of the Senate
and House being appointed to civil
positions created during their respec-
tive terms of Office was to prevent the
appointing power from being used to
influence improperly the National Leg
islature or for Congress to seek to cre-
ate new Jobs for its members
Mr.. Vinson comes from Kentucky,
and there Is no particular reason why
the President has to appoint any one
from outside the District of Columbia
to fill a vacancy on the Court of
Appeals bench here. Nor is Mr. Vinson
such an outstanding lawyer that he
must needs be selected above all others
to I'LL the vacancy. AS a matter of
fact, Mr.. Vinson, by his record in Con-
gress. has not shown himself to be
judicial-ninded at all and is regarded
by many of the Oldest members of
Congress as one Of the most partisan
minded men in the Democratic party.
But the Senate, which is the sole
Judge Of qualifications, confirmed Mr..
VmSon, and that's in conformity with
the Constitution, so no exception can
now be taken to this type of appoint
ment. Indeed, no criticism can be
visited on Mr.. Vinson himself for ac-
cepting a life job on the bench in
the District of Columbia at $12,5OO
year
Were There UNDERSTANDINGS?
The real question at issue, and
which could easily be covered by
yes or mo" answer, is what under
standings existed between the Presi-
dent and Mr.. Vinson in connection
with this appointment to the bench.
Is it true, as currently reported, that
Mr.. Roosevelt promised the appoint
ment to Mr.. Vinson in appreciation of
services rendered to the administra-
ton in Congress? The Kentucky
Representative has voted with the
New Deal almost without exception,
and few individual records of rub
ber-stamp" voting can be found that
are any more subservient to admin
astration wishes.
Why did the President ask Mr.. Vim
son to delay taking the oath of office?
Is not MIR. VinSon now Circuit Court
Judge of the United States and has
he not In fact been so ever since De-
cember 8, 1897? Was it intended
under our constitutional system that
by the introduction of a technicality
delay in taking the oath of Office
the constitutional purpose of keeping
the judicial and legislative branches
OF the Government separated should
be defeated?
For today there is only three
Judge court in the Court of Appeals
here when there should be a five
Judge court. There are four judges
available, but in order to have an
odd number, only three are sitting on
the bench.
Wrote Face-Saving Report.
Mr.. Roosevelt's political deal with
prominent member of the House
OF representatives involves, no doubt,
. desire on the part of the admins
tration to show by example how it re-
wards "rubber-stamp" Congressmen,
but 1t also involves the matter of
getting the Administrations way on
tax legislation. Mr.. Vinson helped to
write the "face-saving" report which
spared the President the denunciation
he deserved for ever permitting such
. damaging provision as the undis-
tributed surplus tax to be written into
law, . circumstance which has been
enc Of the causes of the present recess
Von In business and employment.
supposing the Melons or the Nor
kans or some other Wall Street in
terest about to be benefited by tax
legislation had signed a contract with
. member of the Ways and Means
Committee of the House to serve for
life In . job, but the actual COM
mencement Of service was to be only
after the date Of passage Of the legis-
lation in which this particular interest
was to be served? Would the Amer
lean people ever stand for the making
Of such contract? If "yes'
or mo" is not forthcoming on this
from the White House-presumably
under our democracy, the press
still has a constitutional right to
ask questions about the conduct Of gov
ernment-then maybe next November,
when the American people go to the
polls, they will answer yes" or mo-
for themselves. There can surely be
no harm In propounding such . ques-
tion at this time.
(Copyright. lo3Sl