Evening star., 1938-01-07
THE POLITICAL
MILL
BY G. GOULD LINCOLN.

were made more than a year ago, gives
President Roosevelt an opportunity to
make his second appointment to the Su-
preme Court Of the United States. His
first was to fill vacancy created by the
retirement Of Associate Justice Van De-
vanter. These retirements have made 1t
possible for the President to place two
liberal" justices on the bench and to
have a majority of the court composed
Of liberals-with the addition Of two new
justices to the group composed OF JUS
tices Brandeis, Stone and Cardozo.
$3.50
All OF this might have come about at
an even earlier date had the Summers
retirement act for justices OF the Su-
preme Court been enacted into law in
the winter of 1867, and the President
withheld his recommendation for an in
crease in the membership Of the court.
It might have come about without
defeat for the administration in the
court bill fight. On the other hand, sup
porters OF the President in his contest
for more liberal Interpretation OF the
Constitution and the valuation OF New
Deal laws insist that 1t was the drive
made by the President in that court bill
fight which led to victory after victory
for New Deal legislation in opinions
handed down by the Supreme Court
There is tremendous amount OF in
terest in the choice Of the President for
the place on the bench which will be-
come vacant January l8-the date set by
Justice Sutherland for his retirement.
The President canvassed the field thor
oughly when he had the Van Devanter
place to fill last summer. He may al
ready have decided whom he will ap-
point-although no intimation has yet
been made.
II the President is to be governed by
the geographical makeup OF the court.
he will 90 West for the new member Of
the Supreme Court. Justices Van De-
vanter and Justice Sutherland are both
from the West the former from Wyom-
ing and the later from Utah. With JUS
tice Sutherland of the bench, only one
of the sitting members of the court is
from the West, Justice Butler, who came
here from Minnesota. Three members
are from New York. Chief Justice Hughes
and Associate Justices Stone and Car
dozo, one from Tennessee, Justice Nc
Reynolds; one from Massachusetts, JUS
tice Brandeis; one from Pennsylvania,
Justice Roberts. and one from Alabama,
Justice Black.
During the court bill fight great deal
OF sentiment developed in the Senate
Judiciary Committee in favor OF some
kind of law or constitutional amend
ment that would provide for representa-
tion Of each Of the judicial circuits on the
supreme bench. 1t would have provided
automatically for geographical repre-
sentation on the court. But this mat
ter of geography, while it has been taken
making appointments to the highest
court, has not been a controlling factor.
That is obvious, or three members of
The effort has been made to obtain first
the men Of the greatest ability and legal
attainments.
Already long line of "possibilities"
have been mentioned to succeed Justice
Sutherland 1t is scarcely necessary to
say that they are for the most part
liberals" and supporters Of the New
Deal. The President would find the
appointment of Circuit Judge Sam G.
Bratton of New Mexico-should be select
him-popular with the Senate. Bratton
was formerly Senator retiring from that
Office to go upon the Federal bench. 1t
has been reported here. however, that
Bratton looked askance at the Presi-
dents court bill last year. and in the
opinion of some OF his old colleagues
in the Senate that eliminates him. al
though Bratton has always been Demo-
crat and liberal. His friends say that
he will make no effort whatever to OBJ
tain the appointment. feeling that the
appointment of members of the Supreme
Court should be left entirely to the
President.
There is a Western Circuit Court judge
who seems to fill the bill-William Den
man of the ninth circuit, which includes
California. Judge Denham is not only
an ardent New Dealer but also sought
to aid the passage of the Presidents
court bill last year. Justice Sutherland,
it happens. has been the member of the
Supreme Court to whose charge the ninth
judicial circuit has been assigned.
Stanley F. Reed, solicitor general Of
the United States, was one Of those
whom the President considered seriously
for the Van Devanter vacancy. He is
from Kentucky and is a logical choice,
provided the President does not go far
ther West. The Governor of Michigan,
Frank Murphy, is Of recognized ability
as lawyer, and has always been a
liberal and Democrat, and a strong
supporter Of the President and his pol
icies. He is Catholic. If he were ap-
pointed, critics of the President might
contend that his selection was intended
to offset the selection of Justice Black,
whose former connection with the Ku
klux Klan created furor. Such criti-
clsm would be unfortunate and unfair,
for Gov. Murphy is man Of great
ability.
Senator Minton of Indiana, who also
was among those to whom the President
gave consideration when he made his
last appointment to the Supreme Court,
has been frequently mentioned. But
that the President would go twice to
the Senate in succession for q new men,
Der OF the court is considered doubtful.
Should the President determine to give
no consideration to geographic lines he
might pick Assistant Attorney General
Robert H. Jackson Of New York for the
Sutherland vacancy. 1t has been rumored,
however, that the President has other
ideas about Mr.. Jackson and his politi-
cal future. 1t has been said that the
Chief Executive would be pleased to have
Jackson elected Governor of New York
and to the presidency two years later.
There has been such an uproar against
jackson, however, since his two speeches,
regarded as attacks upon business, there