The Waterbury Democrat., 1938-08-25

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 Reason is: An appointment in October gives the opposition three months to organize and wage fight against confirmation. But if the appointment is made in January, after Congress meets, the administration would be in strong position to press for prompt confirmation.
 The President also has been ad- vised that to allow the vacancy to go thrilled during the remain der of the congressional interim will make no change in the lineup of the court. Cardozo's illness kept him away from the bench prac- tically the entire Court session; nevertheless the government won 21 out of g of it's important cases.
 The lineup of the Court is now 4-2-2. as follows: four lib- erals, (Brandeis, Stone, Black and Reed), two die-hard con- scrvatives (McReynolds and Butler), and two middle-of- the roaders, Chief Justice Hughes and Justice Roberts. term Hughes and Roberts sid cd with the liberals on every test involving New Deal meas ure.
 NOTE-Professor Felix Frank furter continues to hold the lead over all other candidates for Cardozo's place. At present bet ting he is 10 to l to get the ap- pointment.
 TOuche
 What Secretary Henry Wallace thinks of Senator Cotton Ed" Smith, who has obstructed and harpooned New Deal farm meas ures since 1893, is plenty. But Henry is a dif1dent gentleman who keeps his scorching opinions to himself.
 The other day, however, he heaved sly brickbat at the bom- bastic South Carolinian that was worthy of a master.
 A reporter inquired, Are you in favor of extending the Presidents purge on old Cotton Ed'?"
 Wallace thought a moment and then, with faint smile, replied quietly, 'I am in favor of any thing that would benefit the American farmer"
 Mir. Fixit
 You have to hand 1t to Assist ant Secretary of State Berle when 1t comes to egotism.
 Discussing the monopoly probe with President Roosevelt, Berle exclaimed, MT. President, If you will give me the commission to do 50 I am perfectly willing and able to rehabilitate the entire capitalistic system!"
 Really" smiled Roosevelt, "it's as simple as that, eh?"
 NOTE-Not a member of the antitrust investigation, Berle on his own initiative prepared a 33- page "confidfentia" memorandum on how the probe should be con- ducted. When the committee paid no attention to the document, Berle carefully let 1t leak to the press.
 Ambitious SOn-In-Law
 It is supposed to be a deep se- cret, but U. S. Maritime Com missioner Max O'Rell Truitt, son. in-law of Senator Alben Barkley, Is busily pulling wires to wangle himself into the vacancy on the Securities and Exchange Commis- sion.
 Whether the ambitious young man will cop the choice prize re- mains to be seen. So far his rsie has been meteoric.
 A few years ago he was one of the RFC's numerous. Special counsels," receiving a per diem pay chek. Today he is drawing $l2,000 a year, while the SEC post would be for six years at $10,000.
 Reason for Truitt's desire to switch jobs is that his Maritime appointment Is only temporary, and labor Is gunning for him be- cause of his pronounced anti union bias. Feeling on this count became 50 strong several months ago that the laborites warned Barkley that unless he silenced his son-in-law they would hold 1t against him in his fight with Happy" Chandler. Barkley must have talked to Fruit, because a shroud of silence descended upon him.
 Fruit is only 34, a native of Missouri with a Chamber of Com- merce background. From the in- significant rank of special REC counsel in 1895, he zoomed at one leap ot Solicitor of the REC at $10,000 a year. Two years laetr, nEE THE OEc0Dn