Evening star., 1938-07-10
THIRD HIGH COURT
CHOICE EPROFFERED
Roosevelt's Selection Will
Not Increase New Deal
Strength, However.
~ the Associated Press,

Strength, However.
~ the Associated Press.
The death of Justice Benjamin N.
Cardoso gives President Roosevelt an
opportunity to make his third appoint
ment to the Supreme Court.
That appointment Is not expected to
change the New Deals strength on
the court, however. because Justice
Cardozo had favored most administra-
ton laws which came before the tri-
bunal.
Appointments Of Supreme Court Jus
tices must be confirmed by the Senate,
but the President may make . recess
appointment before the Senate returns
to Washington, next January.
In event he does so, and the ap-
pointee follows the usual custom, he
will not sit with the court at its ses-
sion beginning in october, but will wait
until the Senate acts upon his nom
ination.
The two appointments which Mr..
Roosevelt has made to the court pre-
viously were due to the retirement of
Justices Van Devanter and Sutherland,
regarded generally as members of the
courts conservative" bloc.
Black and Reed Chosen.
Senator Hugo Black of Alabama was
appointed to succeed Van Devanter,
and Stanley Reed, former Solicitor
General and a Kentuckian, was select
ed to succeed Sutherland.
Many names were mentioned In
speculation tonight over successor to
Justice Cardozo.
Since he was from New York.
there were reports that his death might
open the way for the nomination Of
Senator Wagner, Democrat, Of New
York, to the high tribunal. Senator
Wagner has been one of the Presidents
most active supporters on Capitol Hill
and has been q leader in advocating
New Deal legislation.
The belief was widespread also
however, that a Westerner would be
nominated. The section beyond Min
nesota now is unrepresented. due to
the retirement of Mr.. Van Devanter
Of Wyoming and Mr.. Sutherland OF
Utah.
Some Prominently Mentioned.
Those mentioned prominently in this
connection included Federal Circuit
Judges William Denman of San Fran
cisco and Sam G. Bratton of Albu-
querque, N. Mex, and Justice Harold
M. Stephens OF Utah, member of the
United States Court OF Appeals for the
District of Columbia.
Reports were renewed that q woman
might be chosen or an economist who
is not lawyer. The name of Florence
E. Allen Of Cleveland, a member of
the Sixth Circuit Court of Appeals,
was heard less frequently than for
merly, however, because Justice Reeds
home was in that circuit.
The list Of others mentioned for tho
court included:
Frank Murphy, Governor Of Michi-
gan.
Donald r. Richberg, former admin
1strator of the National Industrial
Recovery Act.
Senator Minton, Democrat, Of In
diana.
Robert H. Jackson, Solicitor General.
Ferdinand Pecora. Judge Of the New
York Supreme Court.
Samuel Rosenman, Judge of the New
York Supreme Court.
James M. Lands, dean of the Har-
ward Law School and former chairman
OF the Securities Commission.
Felix Frankfurter, Harvard Law
School professor.
Robert M. Hutchins. president of
the University Of Chicago.
Learned Hand Of New York. iudpe
OF the Second Circuit Court of Ap-
peals.
Circuits Not Represented.
AT the present time each of the 10
Judicial circuits into which the United
States and its territories are divided
Is represented on the Supreme Court,
with four exceptions. These are:
Fourth-Maryland, West Virginia,
Virginia, North. Carolina, South Caro-
lima.
seventh-1ndiana, Illinois, Wiscon-
sin.
Ninth-Caifornia, Oregon, Nevada.
Montana. Washington, Idaho, Arizona,
Alaska, Hawaii.
Tenth-Colorado, Wyoming, Utah
Kansas. Oklahoma, New Mexico.
New York now is represented by two
Justices-Chief Justice Hughes and
Associate Justice Stone.
Other sections are represented by
Justice McReynolds OF Tennessee, JUS
tice Brandeis of Massachusetts,, JUS
Ice Butler of Minnesota, Justice Rob-
erts of Pennsylvania and Justice Black
Of Alabama.