Evening star., 1938-11-13
Supreme Court Choice
May Provide Test
OF New Deal STRENGTH
Presidents Selection
May Show Policy He
Intends to Pursue
By the Associated Press,

3. the Associated Press.
President Roosevelt's forthcom-
ing appointment of new Supreme
Court justice may provide the first
test of administration strength in
the new Congress.
Some politicians look to the ap-
pointment also for an inkling
whether last Tuesdays election re-
turns may influence Roosevelt
policy.
They predict that If he intends
to pursue a conciliatory policy as
the result of increased Republican
success at the polls, he will appoint
a justice of moderately LIBERAL
leanines and thus lessen the hkeli-
hood of bitter Senate controversy
over confirmation of the appoint
ment.
On the other hand, there has
been some speculation that If Mr.
Roosevelt is determined to continue
an aggressive fight for his entire
program, he will appoint mill
lant liberal" and force showdown
at once with conservative Demo-
cratic Senators.
Might Indicate Line ups.
The vote on such an appointment
might indicate the line-ups of both
parties on policy questions to
come, and even throw light on
prospects of a Democratic split in
the 1910 presidential race.
The President has predicted that
his program will not encounter op-
position from Republican-Demo-
cratic coalition in the next session
of Congress, and has declared the
election results did not threaten
liberal government"
Republicans gained eight Senate
seats in Tuesdays elections, but the
Senate majority remained on the
Democratic side. Any appointment
the President makes to fill the court
vacancy caused by the death OF JUS
tice Cardozo last July must be ap-
proved by a majority of Senators
before it can become effective.
Mr.. Roosevelt said Friday he would
announce a number of appointments
soon, but added he did not know
whether a Supreme Court appoint
ment would be among them.
Murphy Mentioned.
Belief has been expressed by many
that the President would delay ac-
ton until the new Congress meets
on January 3. It is customary for
a justice, if appointed during con-
sressional recess, to remaA off the
bench until the Senate can act on
the nomination.
One of the names which has been
mentioned in speculation over the
court appointment is that of Gov.
Frank Murphy of Michigan. Gov.
Murphy, stanch supporter of Roose-
velt policies, was defeated in his re-
election race.
Prof Felix Frankfurter of the
Harvard University Law School, who
has advised the administration on
several of its legislative programs,
is another frequently mentioned.
Favor for his appointment has been
expressed by many in public life,
among them Senator Norris of Ne
hraska, independent ally of the Pres
ident, and Senator Burke, Demo-
crat, of Nebraska Senator Burke,
an opponent of the Presidents de-
feated court reorganization bill, said
recently he understood Prof. Frank
furter opposed that bill
Minton Also Mentioned.
Usually well-informed persons
have said that Senator Minton,
Democrat. of Indiana was among
the last eliminated from considera-
ton when the President filled a
previous court vacancy by appoint
ing Solicitor General Stanley Reed.
Senator Minton has been a mill
tant New Dealer.
During Mr. Roosevelt's trip to the
Pacific Coast last summer, Senator
Adams, Democrat, of Colorado said
the President agreed that it would be
fitting if the nomination went to a
Westerner since that section now is
unrepresented or the tribunal be-
yond Minnesota
Westerners who have been men,
toned for the position include Har-
old M. Stephens of Utah, a member
of the United States Court of Ap-
peals for the District of Columbia; :;
Thurman Arnold of Wyoming, As
sistant Attorney General in charge
of the Justice Departments Anti
Trust Division; Judge Sam G. Brat
ton of New Mexico of the Tenth Cir
cult Court, and Judge William Den
man of California of the Ninth Cir
cult Court.