The Washington times., 1939-01-07

Associate Justice edesignate Frankfurter would fill
the vacancy created by the death last July of JUS
tice Benjamin N Cardozo. We believe Prof Frank
furter would fill this vacancy in every of the
word that he would up in all respects to the
great Supreme Court traditions established and upheld
by such jurists as Oliver Wendell Holiness Louis Dem
btz Brardes and Mr. Cardozo himself.
Prof. Frankfurters physical residence is at
Harvard University, State of Massachusetts,. That
leads Senator Henry F. Ashurst (Dem., Ariz,) to
grieve in public, though with his usual urbanity
the fact that the Far West has been snooted
in the matter of Supreme Court nomination.
We can imagine how Senator Ashurst feels. But
there is this to console him: That Prof. Frank
furter is only technically resident of Massachusetts,.
That is where he votes, eats, sleeps, and But
he is in reality national institution in that his Har-
ward law school teaching since the fall of 1914 has
spread the influence of his progressive ideas and the
of his personality all the United States.
His influence the New Deal has been particularly
strong and particularly fortunate. Thomas G.. Cor
(Tommy the Cork), No. Mr.. Fix-t for the Ad-
ministration, of Frankfurter's "boys; like
wise such present and past New Deal luminaries
Benjamin Cohen, James M Lands, David Lienthal,
Calvert Magruder, John G. Winant, Nathan Margold
and Charles E. Wyzanski.
And we hope that those Senators who voted against
confirming Senator Black to the Supreme Court for the
stated reason that he member of the Ku Kux Klan
will not vote against Fankfurer for the unstaed
that he is Jew
The President has also nominated Ex-Governor Frank
Murphy of Michigan for Attorney General and Harry L.
Hopkins longtime chief Of the WPA for Secretary of Com
merce. These Cabinet nominations,
Inc CUOLneC like the Supreme Court nominations,
ADDOintments are subject to Senate confirmation
NAFf'" which we hope will be Forthcoming.
There may be sound objections to the way both Hop
kns and Murphy think, act their hats their
hair Plenty of objections being raised both of them
as debate begins on whether the Senate shall shant
o. K them for these Cabinet jobs.
But the point is that Cabinet officers the Presi
dents hands, to speak, and that therefore the President
should have the widest possible latitude picking the
members of his Cabinet If he can't pick who he be-
ieves will cooperate with him to the best of their ability
why have Cabinet? Except in of openly and
torousy bad Cabinet nominations, the Senate ought to
confirm without excessive and tme-wasting debate.
Going back to the subject of the Supreme Court for
moment-we hope that the Presidents next nomination
will be from one of the lower Federal courts
The merit system ought to apply to Su-
MeTIC preme Court justiceships. A man appointed
e1 to Federal district court or Circuit Court
OO0OO of Appeals ought to be able to feel that good
work in that job would ente him to hope for graduation
some day to the high bench
AS things are now, appointee to of these lower
Federal feels that he has reached the highest pos
sible rung of his judicial career, and sit his
salary for life during good behavior 1t does not improve
the morale of the lower Federal courts and the situation
ought to be remeded-possby by sort of Congress
sional action.