Evening star., 1938-07-03
Member of S. E. c. and Two
Cummings Aides Chosen
Tentatively.
FORMER DUE TO JOIN
COURT OF APPEALS
Criminal and Claims Chiefs of
Justice Department Expected to
Go on U. S. Tribunal.

for the District-one for the Court
OF Appeals and three for the Dis
trict Court-to relieue serious con-
gestion in the local tribunals. One
of the new lower court judgeships
ioas filed before adjournment by
the appointment OF Bolitha LdlrS,
president of the District Bar As
socidtion.
Jerome N. Frank, member of the
Securities and Exchange Commis-
sion, and Assistant Attorneys Gen.
eral Brien Mcmahon and Sam E.
Whitaker have been tentatively Sc
lected to fill remaining vacancies on
the bench of the United States Court
of Appeals and the United States Dis
trict Court for the District of Co.
1umbia, it was learned last night on
high authority
Commissioner Frank is slated to be-
come the sixth justice of the Court
Of Appeals, under an act enlarging
the appellate court.
Mr.. Mcmahon, in charge of the
criminal division of the Department
Of Justice, and Mr.. Whitaker. in
charge of the claims division of the
department, are due to take over new
judgeships in the District Court Gre
ated by recent act of Congress.
Bolitha Laws, president of the Dis
trict Of Columbia Bar Association. re-
Gently was appointed by President
Roosevelt to the third newly created
judgeship here.
Mr.. Frank, 40 and a native of New
York, was one of the original New
Deal brain trusters" and has been
prominently associated with a num-
Der of alphabetical agencies.
Joined A. A. A. In 1888.
He resigned as research associate
at Yale Law School to become gen.
eral counsel of the Agricultural Ad-
justment Administration in May, 1888.
In october of that year he also was
made general counsel of the Federal
Surplus Relief Corp. and he continued
to hold these posts until February,
1885, when he resigned because of
reported policy disagreements with
Chester Davis, administrator of the
A. A. A. He was appointed a spe-
cial attorney for the Reconstruction
Finance Corp. to handle certain rail
legal matters, and in 1886 was trans
ferred to the Public Works Admins
tration as litigation counsel in the
power division. President Roosevelt
appointed him to the Securities and
Exchange Commission in December,
1887.
Mr.. Frank has the reputation OF
being brilliant lawyer and writer
In a recent book. Save America
First" he caustically criticized what
he called certain defects of the
American profit system" In a review
of his own book, he pointed out that
while he once was a member of a Wall
Street law firm, he is friend of Tom
Corcoran, Robert Jackson. Harry Hop
kins, Rex Tugwell and Lee Pressman,
general counsel of the C. l. O., and
he greatly admires Mr.. Justice Black"
A Fascist reviewer, he declared. would
call the author "a stooge for the
Communists" while Communist re-
viewer would accuse him of playing
into the hands of the American
Fascists."
Personally. he explained, he would
assert that "the best America can do
is to use, comparatively, all the in
telligence it can muster, in business,
labor. agriculture and government, to
attempt wisely and experimentally to
eliminate some most unwise national
habits so as to make our profit system
function Tor the welfare of all Ameri-
cans inside political democracy and
in accordance with our most cherished
traditions"
Educated at u. of Chicago.
Mr.. Frank was educated at the Uni
versity of Chicago, practiced law in
Chicago from 1912 to 1929 and in
New York from 1880 to 1888: is a
member of the American, Chicago
and New York Bar Associations and is
Phi Beta Kappa. He lives at Ward
man Park Hotel.
Mr.. Mcmahon at present is con-
ducting the prosecution for the Gov
ernment at London, KY, of 16 coal
companies and 40 individuals on
charges OF creating reign of terror
IN Harlan County to forestall unioniza-
tion of miners.
He comes from Attorney General
Cummings home State, Connecticut,
where he practiced law from 1927 to
1888 and served as judge of the City
Court Of Norwalk. He was appointed
a special assistant to Mr.. Cummings
and assigned to the Tax Division on
September l, 1888, and was promoted
the following spring to acting assistant
to the Attorney General, in charge
OF personnel. He was made Assistant
Attorney General and head of the
Criminal Division in January, 1886,
He prosecuted John Paul Chase, COM
panion Of Baby Face" Nelson, for
the murder of Inspector Samuel Cow
ley and Special Agent Herman E. Hol-
lis OF the F. B. l., and Louis Piuuett.
lawyer for John Dillinger, both of
whom were convicted.
Mr.. Whitaker, So. is Tennesseean
who has been in and out of the De-
partment of Justice since 1919. Dur
ing the World War he was captain of
the 3l9th Field Artillery. After the
war he became an attorney in the
Justice Department and in 1920 was
transferred to the Internal Revenue
Bureau. He returned to private prac-
tice of the law in Chattanooga, Tenn,
in 1921. served as city attorney there
from 1928 to 1924. and was Mayor of
Riverview, Tenn, from 1924 to 1929: