Evening star., 1938-11-19

for a prolonged hight IN the senate,
to the exclusion of other business.
Furthermore, the more conserva-
tive democrats, under the circum-
stances, are likely to dig in deeper
and deeper to resist the New Deal
Administration. Not only will the
resistance be toward the Murphy
appointment, but it may be expect
ed all down the line.
Some of the Senators will oppose
the appointment on the ground that
Gov. Murphy is too radical; that he
sympathized with the sit-down
strikers in Michigan when they
clearly violated constitutional rights.
Others will oppose him on the
ground that his knowledge and ex-
perience of the law are entirely in
adequate for the highest court in
the land. Inquiry at the office OF the
clerk of the Supreme Court reveals
the fact that Gov. Murphy has never
been admitted to practice before
that courts not a member of the
Supreme Court bar.
Gov. Murphy received his law de-
gree from the University of Michi-
gan In 1914 and had year of grad
uate study at Lincoln's Inn. Lon
don, and Trinity College. Dublin.
He was in private practice in 1861
at Detroit: chief assistant United
States attorney for the eastern dis
trict of Michigan from 1920 to 1923,
and judge in the recorders office in
Detroit from 1923 to 1880, and dur
ing part Of that time, instructor in
law at the University of Detroit.
Since 1890, he has held public office
first as Mayor Of Detroit, then as
Governor General of the Philippine
Islands and finally as Governor of
Michigan. During the last eight
years, therefore, he has not prac-
ticed law. He is As years old.
Senators who would not oppose
Gov. Murphy because of his liberal
stand and his attitude in the labor
troubles in his State might, on the
other hand. insist on examining very
carefully his training and learning
and practice Of the law. There is
nothing in the Constitution that
says a member of the Supreme
Court shall be first a lawyer. But
the President who sent to the Sen
ate the nomination of any person
who was not lawyer for a place
on the Supreme bench would be
counting q defeat. since appoint
ments to the court must be con-
flrmed by the Senate. A liberal
like Senator Borah of Idaho. for
example, might have nothing
against Murphy as a man and a
Governor. but might be unwilling
to vote for his confirmation as a
member Of the highest court if un-
convinced of his legal training and
ability.
Bratton Highly Regarded.
If he went West and selected
Judge Sam D. Bratton of New Mex
ico. judge of the United States
Circuit Court, the President might
allay considerable feeling in the
Senate and in the Congress. Judge
Bratton was formerly Senator
from New Mexico. He is a Demo-
crat and highly regarded. During
the fight in the Senate over the
Presidents bill to revamp the Su-
preme Court Judge Bratton let it
be known he. was opposed to the
measure. That may effectually keep
him from appointment now to the
court. Nevertheless he is geographic
cally fitted to fill this vacancy in
the court, and, furthermore, it would
make the Presidents dealings with
Congress during the coming session
far easier.
The President relented in his op-
position to Gov. Herbert H. Lehman
of New York, who had denounced
the court bill. during the campaign
Just closed in order to offer the
strongest candidate possible in op-
position to Thomas E. Dewey, the
Republican racket buster, who
threatened to take the governorship
of the Empire State away from the
Presidents party. Senators say If
the President could bring himself
to do that they see no reason why
he could not go ahead and appoint
Judge Bratton to the Supreme Court.
No one has ever labeled Judge
Bratton a TORY"
Other Possibilities.
There are other possibilities for
appointment to the Supreme Court,
among them Felix Frankfurter of
Massachusetts, Robert H. jackson,
Solicitor General of the United
States, and Senators Minton of In
diana and Schwellenbach of Wash
ingtcn, all of whom have been men,
toned for the Cardozo vacancy.
Frankfurter undoubtedly could be
confirmed without much, if any, op-
position. It was widely reported
here during the court bill fight that
Frankfurter was opposed to the
measure. Mr.. Jackson is supposed
to be slated for appointment as
Attorney General. Minton and
Schwellenbach are both radical
New Dealers. Any Of the three
might be confirmed by the Senate.
although it is likely that Mr.. jack
sons appointment would be serious
ly challenged, but they all would