Evening star., 1938-07-11

S~SS>SAN
companied the n,ouners to the oeme
terry.
TWO POSSIBLE COURSES.
Roosevelt Might Select New Yeriser .
Far Westerner as Justice.
By the Associated Press.
Capital speculation over q sue.
cessor to Supreme Court Justice Ben
Jamin N. Cardozo. who died Saturda,
after long illness. centered today
on two possible courses:
!. President Roosevelt mieht selec,
Senator Robert F. Wagner. Demo.
crat. Of New York or some other New
Yorker, because the late justice was {
resident Of that State.
2. He might appoint q resident o1
the Far West, because that region Il
not represented ON the court.
There Is. Of course. no requirement
that the President follow either o1
those courses. In any event, he
probably viii make no appointment
before fall. for the court is in recess
until October.
The few political leaders remain
ing in Washington's midsummer
heat agreed that MIR. Roosevelt un.
doubted1y will choose q man of TIT
same liberal views as the 6s-year.
old Cardoso, who had voted in favos
of more New Deal legislation thar
any Of his associates. One Of his hsa
major opinions upheld the oonstitu-
tionality OF the social security pro.
gram.
Appointment to BE Third.
The appointment will be Mr.. Roose-
velt's third to the high court. Justices
Van Devanter and Sutherland, botn
Of whom had opposed many adnainis-
tratton measures, retired from active
service and the President replaced
them with Hugo L. Black Of Alabama
and Stanley r. Reed Of Kentucky.
Senator Waner's name Was heard
frequently In unoMcial discussions
about . new justice. He Is . close
friend Of the President and one Of
his CHIEF lieutenants In the neld Of
social legislation. He Is known to
have heen considered for the two pre-
vious vacancies.
Two possible objections we're coupled
10 mention Of Senator Wagners name.
First. there already are two New York
ers On the hench-Chief Justice Hughes
and Justice Stone. Second, Senator
Wagner Is 81 years old, and Mr..
Roosevelt has Indicated at various
times that he generally preferS slight
ly younger men in judicial posts.
Appointment OF Senator Wagner
might have . marked effect on the
New York political situation. He
comes up for reelection to the Senate
this year. In addition, q second Sen
ator amust be chosen to succeed the
late Royal S. Copeland.
Friends of Senator Wagner said ne
has cherished an ambition to sit On
the Supreme Court. topping Oh q Ca
reer that included service Ia the New
York Legislature with Mr.. Roosevelt.
One Congressman, on the other hand.
said some New York Democrats might
try to keep him On the party ticket
this fall because Of his large personal
following.
Other New Yorkers also have been
proposed by friends for the Supreme
Court. Among them are Ferdinand
Pecora and Samuel RoGenman. State
Supreme Court justices. and Solicitor
General Robert H. Jackson.
Should the President turn to the
West for his choice. he could consider
several Federal judges whose names
were suggested when he made nis
other two appointments. They are
Sam G. Bratton OF New Mexico. VII
liam Denman Of California. J. G.
Hutcheson, jr. OF Texas. Harold ~.
Stephens Of Utah and Justin Miller
of California. Mr.. Stephens and Mr..
Miller are now On the District OF Co.
lumbia Court OF Appeals.
Names submitted to the President
for consideration will by no means be
limited geographically. Representa-
tive Parsons. Democrat. OF Illinois
said last night he had recommended
the appointment Of Cor. Henry Horner
Of Illinois. Among others reeeiv-
ing mention are Senator Minton. Dem
ocrat, Of Indiana: Dean James NJ
lands OF Harvard Law School and
President Robert NJ Hutchins Of the
University of Chicago.
Justice Cardozo, appointed by
President Hoover In 1882 to succeed
Oliver Wendell Holmes, WAS the first
member Of the Supreme Court to die
in once since 1890.
Roosevelt Msurns Jsris.
Before coming to Washington, he
had been chief judge of the New
York Court Of Appeals. He WAS serv-
ing In that capacity when President
Roosevelt was Governor Of the State.
The President. noting that he had
come Ito admire and to love" the
jurist during that period, said after
Card0GoS death: i,
He had q great soul. The whole
Nation has lost constant friend"
One Of the few occasions on which
Justice Cardozo voted to invalidate q
Z Roosevelt administration law WAS in
the N. r. A. case. The nine justices
unanimously held Congress had ex-
ceeded its authority In delegAting
powers to N. r. A. ofncials.
Frequently Justice Cardozo joined
Justices Brandeis and Stone In dissent
ing from the majority viewpoint.
The Justices illness kept him OF the
bench for most Of the l931-3S term.
Throughout the winter he remained
with his housekeeper-he was . bach
elor-in his apartment mere, and In
the spring went to Port Chester, II. r.,
o,hnv~ h> AfAA