Evening star., 1938-10-04


New Dealer. AS matter of fact, he
is progressive from way back, having
run at one time as an independent for
Mayor of Buffalo. But there is no evi-
dence that his legal connection with
the present administration in special
case has contaminated his point OF
view on sound progressivism.
Mr.. OBrian was hired to argue the
T. v. A. case before the United States
Supreme Court along with the chief
of the legal staff of the T. v. A, James
L. Fly. What Mr.. O'Brian thinks is
good law is not the same as what he
thinks is good public policy.
As the opponent of Senator Warger
of New York for the full term, Mr..
OBrian was drafted by the Republican
party. He didn't seek the nomination
. and probably was just as much sur
praised as his friends here that he
should have been called to service in
the ranks Of the party with which he
has been identified for many years.
Not STEPPED in Politics.
Mr.. O'Brian is an objective person
with whom partisan politics is not by
any means an outstanding character
istic. In fact, his record in public
life is Just the opposite. He first
came here during the Wilson admin
istration and served in the Department
Of Justice as an assistant attorney gen.
eral in special charge of the enforce
ment of the Espionage Act, which
involved some very difficult and deli
cate decisions. He didn't think that
Just because somebody didn't believe in
the war, he was necessarily a subject
for arrest and confinement in a con-
centration camp, and he distinguished
between free speech and the actual
conduct Of subversive campaigns really
designed to interfere with the prosecu-
ton Of the war.
When President Hoover was elected,
he summoned Mr.. O'Brian to Wash
ington to the Department Of Justice
70 take charge Of the enforcement
Of the antitrust laws and he partici-
pated in q number of notable cases
Involving large corporations with
whom he dealt as sternly as the law
permitted.
The gossip here is that Mr.. O'Brian
always has been regarded by members
OF the Supreme Court as one Of the
ablest Of the lawyers who have argued
before them. His selection to defend
the legality Of what the New Deal was
doing on the T. v. A. was due to his
profound knowledge of constitutional
law and his ability to divorce himself
from all political considerations in ar
guing an important legal question.
Uphill Fight Ahead.
Just what kind Of campaign for
the Senate Mr.. O'Brian makes will be
watched with unusual interest by all
here who know him. Against Senator
Wagner, with his powerful labor back
ing, Mr.. O'Brian will have a hard
fight The really vulnerable spot in
the Wagner armor is that he has sup
ported the President so constantly
that it took good deal of pressure
from his constituents to make him see
the danger to democracy, even in the
Supreme Court packing plan, and, al
though he was reported to have swung
over to the opposition, he waited until
1t was unnecessary for him to make a
statement, so that actually his con-
stituents do not know exactly how he
feels on the merits of executive usur-
patton Of the Judiciary.
Mr.. Wagner has sponsored labor leg
islation, but has been adamant on the
subject of amendments to make the
law apply equally to both sides in
workers controversy. Labor difficulties
have not decreased since the Wagner
law was passed and only recently has
there been some intimations that the
Senator would consider amendments.
Law Creates Rift.
Undoubtedly the Wagner law per-
n1its of wide debate on the stump,
especially since New York State has
many rural areas where farmers are
now obliged to pay higher prices for
things they buy due to increased labor
costs. There also are many commune
ties where small business men have
had to shut down because of increased
costs due to blanket increases affecting
prices, to say nothing of the large
number of unemployed who have been
indirectly affected by New Deal poll
cies.
If Mr.. O'Brian should be the candi-
date for Senator who exposes to view
the weaknesses of the Wagner law and
the unwillingness of his opponent to
permit correction, the attention of the
country may be focused on the contest.
And If by chance the drift due to this
and other issues, such as one man rule
with rubber-stamp legislators, should
produce a tide that sweeps the Demo-
Gratis out of office, the United States
Senate would gain in John Lord
oBrian really independent mind
and an able one at the same time.