Evening star., 1938-08-12
Washington Observations
Justice Harold M. Stephens Is Called Ranking
Candidate for Cardozo Vacancy.

once handed down by Judge Cardozo
when the late Supreme Court justice
was chief Judge Of the New York State
Court Of Appeals. It involved . loaf
Of bread of . particular brand asked
for by the purchaser and which,
having been taken home for use, was
found to contain . pin. Judge Ste
phens Is held by all who know him to
measure up in learning. liberalism
and humanitarianism to the Cardozo
ideals. for which virtually the Nation
is clamoring Is indispensable in the
man who inherits the late New York.
ers place.
A native Nebraskan, Justice Ste
phens Is in his SD year. Hs-83-year-
old father is still practicing law in
Salt Lake City. Graduate Of the Uni
versity Of Utah and an A. B. of Cor
nell, Judge Stephens received the
IL. B. Of Harvard Law School in
1918. Later he was assistant prose-
cutting attorney of Salt Lake County
and judge of the third judicial district
of Utah. He came to the Depart
ment of Justice In 1888 and was ap-
pointed to the Federal Court of Ap-
peak in 1885. Some Of Judge Ste
phens' publications have . timely
bearing on certain issues about to
occupy the courts-"The Legal Re-
sponsibility Of Hospitals" and Medical
Practice and the LaW-Some Paral-
lels, Relationships and Problems" In
1928 Justice Stephens. heretofore a
Congregationalist, was received into
the Catholic Church and has ever
since been one OF its most distin-
guished laymen. His appointment as
Justice Cardozo's successor would.
therefore, leave the Church Of Rome
represented on the Supreme Court in
case Justice Pierce Butler retired on
account Of age or for any other reason.
4 \ =
II Ugo d'Annunzio Of New York. son
Of the late Gabrielle d'Annunzio italian
poet soldier who reclaimed Fiume for
Italy. speaks by the book. Italy plans
to hold her $4,000 Jews as hostage
for the good behavior Of Jews in other
countries, including the United States.
who dare to raise their voices against
Fascism. Mr. d'Annunzio, an American
citizen, in a recent letter to New
York newspaper, entitled "Fascism and
the Jews" virtually charges that Jews
outside of Italy have made themselves
responsible for current reaction against
their italian co-religionists. This
means in effect that Jews in demo-
cratic countries. who have expressed
their fondness for democracy and alb
horrence of relationships. are to be
held liable for any ill-treatment ac-
corded Jews In Italy. This appears to
be the latest manifestation of to-
talitarianism Of the export variety.
since Hitler and Goering sought to
squelch the American boycott Of Ger
man goods by threatening that 1t
would aggravate the plight Of Jews
in the Reich. American Jewish leaders
like DR.. Cyrus Adler. president of the
American Jewish Committee, and Rep
resentative Emanuel Celler of New
York. rightly and bitterly resent this
newest bid Of Mussolini for Hitler'S
favor-a species of international black
mail.
DR.. Adler observes: 1T was silly
enough for Germany to have set up the
'Aryan' theory. Every scientist in the
world knows there Is no such thing as
an 'Aryan' race. For Italy to follow
oermany's example in this respect
shows q painful lack of knowledge on
the part OF Italians, whether they
be professors or politicians. Modern
Italy, derived from an ancient state,
is a conglomeration of peoples: Etrus-
cans, Romans, their descendants who
are often called Latins; Greeks in the
south, and especially in Sicily; q
strong mixture of whae was called
Saracen. really Arabic blood. and Ger
manic peoples Of the north"
DR.. Adler recalls that the outbreak