The Waterbury Democrat., 1938-01-10
BY RODNEY BUTCHER Democrat Washington Core
 SpOndent

Washington, Jan. 10-A distin- guished gent from the industrial middle west, it seems probable, will be appointed to succeed Justice Sutherland on the Supreme Court. There are several possibilities.
 The field for speculation is wide open, except for the fact that Roosevelt will not select man from the east, which is heavily represented on the court, or from the south, whence came Justice Hugo Black. It is possible that Roosevelt will go to the far west for a new justice, since the ninth and tenth judicial circuits - the latter jutting out to include Kan saS and Oklahoma will not be represented on the court after Suth- erland goes.
 The White House is taking in to consideration the fact that the farwestern area was long repre- sented by both Justices Suther- land and Van Devanter; the fact that the important area streach- ing from the Pennsylvania line to the Mississippi river has not been and isn't represented, and the most important fact, that all Roosevelt's pet candidates come from the latter area.
 The "pets" include Solicitor Gen. eral Stanley Reed-a Kentuckian; Gov. Frank Murphy of Michigan; Donald Richberg of Chicago, and Dean Lloyd K. Garrison of the Uni verSity of Wisconsin law school. Would Confirm Any
 Reed was runner-up on the Presi- dents list at the time he finally decided on the appointment of Black. The solicitor generals pres tige has since increased. Roosevelt is very fond of Murphy, and takes into consideration the fact that ap- pointment of Catholic might wipe out the sour taste which Blacks appointment still leaves in some mouths.
 RICHBERG, as few realize, is al- ways close to Roosevelt.
 GARRISON is brilliant, distin- guished and would be backed by Roosevelt's political intimates, the LaFollettes.
 MURPHY has had his eye on the White House and might or might not accept. The Senate probably would confirm any one of the four men without much fuss.
 SENATOR SHERMAN HINTON of Indiana, seriously considered as a successor to Van Devanter, is agein a possibility But Roosevelt is believed to be cool toward the thought of choosing another sena- tor.
 SAM BRATTON of New Mexico appears to be the only candidate who has loOkin.
 Prestige will be the most essen tial asset for any appointee. That fact is what makes Reeds chances lock 50 good.
 Not a Roosevelt Court"
 Justice Sutherland's retirement has the effect of making most argu- mentS as to the "constitutionality of New Deal legislation merely academic. There has been a ten dency to stop yelling "unconstitu- tional" ever since the court at its last term, with the fight over the Roosevelt court plan going full blast began to validate New Deal laws rather regularly Now there will be five liberal justices, two middle grounderS and two conservatives.
 Nevertheless, it may be worth remembering that liberal Justices Brandeis, Stone and CardozO in- dicated in their minority dissent from the decisin which invalidated AAA belief that compulsory corp control was uncinstitional.
 And they voted with the other six justices in the unanimous de- cision which killed NRA. The mere fact that Roosevelt shortly will have appointed two justices does not, therefore, mean that the country will have a subservient Roosevelt court"
 Expect Hughes to Stay
 Chief Justice Charles Evans Hughes, who is 75 and once sug-