Evening star., 1938-08-26

deis liberal. or perhaps Judge Bratton
Of New Mexico, both of whom now
are serving with distinction on the
United States Circuit Court of Appeals.
But il Mr.. Roosevelt turns toward the
suggestions Of his left wingers," he will
be thinking in terms Of some laymen
like Prof. CorWin of Princeton, or per-
haps a woman Judge, In which case
1t would be Judge Florence Allen. II
he goes to the Senate again to look
for justice, Mr.. Roosevelt might pick
Senator Minton of Indiana. who really
fits the Rooseveltian concept of JUS
tice Of the Supreme Court.
OF all the radicals, there is one
man who is outstanding, namely,
Felix Frankfurter, professor Of law
at Harvard Law School, The very
mention of the name Frankfurter is
like waving red flag at the con-
servatives, but most of them really
do not know Prof. Frankfurter or his
background Of constitutional law, and
have merely been carried away by
the prejudices which have surrounded
the Frankfurter myth ever since the
New Deal began.
Sees President Infrequently.
One can hear all sorts of tales about
the Frankfurter influence at the White
= House. AS a matter of fact, the brill
liant professor of law has visited the
President infrequently, but he has
known him for many years and has
given him counsel from time to time
on matters affecting social legislation
There are many young men. con-
= servatives as we'll as radicals, who have
graduated from Harvard Law School
and have come under the stimulating
influence Of Prof Frankfurter's class
room. Most all Of them believe Mr.
Frankfurter Is conscientious as well
as able person in the field of law. His
legal capacity is so well recognized
that, few years ago, Gov. Ely Of
Massachusetts,, a conservative, offered
to Mr.. Frankfurter a post on the high
est court of the State Of Massachu-
sets. which, unfortunately, he de-
clined. The traditions Of the Massa-
chusetts bar are as high as anywhere
else in the country. and 1t is believed
the appointment would never have
been rendered had Mr.. Frankfurter's
judicial qualities been mediocre.
AS a writer on legal subjects, Prof.
Frankfurter has shown himself mas
ter of style. He has studied with
penetrating zeal the opinions Of the
Supreme Court and. by some of his
admirers, is thought to be of the Car
dozo caliber.
Silent on Packing" Plan.
However this may be, it will be re-
called that at the time the President
fought to have six justices added to
We Supreme Court by new legislation,
Prof. Frankfurter took no part in the
controversy, and it is reported that he
privately intimated that he did not
favor that method of attempting to
'liberalize' the Supreme Court. His
! colleague, James Lands, now dean of
the Harvard Law School, however, did
openly take part and made speeches
favoring the legislation. The reticence
Of Mr.. Frankfurter under those cir
cumstances may be taken to mean
that he did not feel the proposed leg
islation was wise. He would not be
q rubber stamp" justice.
Liberals, radicals, conservatives-all
want their particular kind of man
appointed to the Supreme Court. The
radicals scored heavily when Senator
Black was appointed. for he is in every
sense of the word the kind of Judge
the radical groups like. namely, man
who will expound particular doctrine
and conduct himself on the bench very
much as does a legislator in Congress.
Many conservatives of the extreme
school, it must be conceded, also want
that kind of judge, but naturally one
who is prejudiced from their own
point of view.
Might Avoid Mistake.
1t would seem unlikely that the
President will make that mistake
again of appointing partisan minded
Judges and that he will seek among
liberals some one who can really be