Evening star., 1939-03-21

its present era
of division. II ,
one counts JUS
tice Harlan Stone as q consistent
liberal" there now are at least five
justices who favor a liberal inter-
probation Of the Constitution.
The latest appointee, William o.
Douglas, carries out one objective
Of Mr.. Roosevelt's 1887 effort 70
reorganize the Supreme Court by
adding more justices-youth on the
bench-even more than do the three
other justices selected by President
Roosevelt.
The other objective-a liberal
outlook" with respect to the inter-
probation of the Constitution-can
certainly be assured through Mr.
Douglas, just as it was achieved
with the appointment Of Messrs
Reed, Black and Frankfurter.
The Time to Develop.
Just what is 4 liberal outlook"
may take a little time to develop,
perhaps until some concrete cases
arise involving clear issues as be-
tween the conhscation doctrine.
often espoused by radicals" and
the idea of conservation Of property
for the individual, hitherto cham
pioned as true liberalism.
But 1t would be wrong to give
the impression that most cases that
come before the Supreme Court of
the United States contain constitu-
tional questions. Most Of them
concern the conflict of private
rights, and that is one reason why,
In the past, corporation lawyers who
have had 4 successful career IN
private practice have usually been
picked for the Supreme Court. In
this respect, the new appointees,
with the possible exception Of Jus
tice Reed, do not have much actual
experience. Justice Black was in
political life, and Prof. Frankfurter
and Douglas have been teaching law
at Harvard and Yale, respectively,
20 they have hardly had much con-
tact with the actual operations of
the many kinds of businesses whose
activities come into litigation Of the
kind that reaches the Supreme
Court.
Has Rare Experience.
Mr.. Douglas. on the other hand
In the last few years has had expe-
rience OF = rare sort, being chairman
Of the Securities and Exchange
Commission, where he has learned
. great deal about investment bank
ing, securities sales on the stock
exchanges, and reorganization pro-
ceedings as they relate to the bank
ruptcy laws-an insight into corpo-
ration finance which should prove
invaluable to him on the bench.
The principal objection which will
b urged against Mr.. Douglas Is
geographical, for Western Senators
have wanted a Justice appointed
from the West. 1t is true Mr.
Douglas has spent more years OF
his life in the Northwest than any,
where else. but the basic idea in
urging 4 Westerner has been the
possible selection of some one actu-
ally engaged. In his adult life, in
practicing law In the West.
Just why this should be a re-
Quirement Is not easy to explain,
because it would naturally be as
sumed that an intelligent and capa-
Bile jurist should be appointed IRE
spective of what section of the
country claims him. When it was
President Hoover's task to appoint
. man to the Supreme Court and
the West claimed that particular
appointment as matter of priority
and tradition, he brushed aside
geographical considerations to ap-
point the late Justice Cardozo, who
hailed from New oYrk.
Has Won Confidence.
Whether Mr.. Douglas, who was
born In the State of Minnesota and
lived In the State of Washington, is
. full-hedged representative Of the
Far West In . political sense is
not 50 important ~ whether he is
qualified to sit on the Supreme
Court for the many years ahead
that his youthful age will permit
The reputation which Mr.. Douglas
has In the National Capital is this:
He is In sympathy with the New
Deal and yet he has won the conf
dence Of many men in Wall Street
because he has seemed to them to
possess Z sense of fairness.
There are undoubtedly men in
Wall Street who hold an opposite
impression, but 1t Is always dif1cult
for business interests to form an
appraisal of a public of11cial who
heads a regulatory body and who
has q statute to enforce which has
In it noxious provisions.
On the whole, it may be said that
William O. Douglas is fundamentally
honest and sincere. II, when he
ascends the bench, he persuades
himself to forget that he was ap-
pointed by President Of the United
States with specific idea Of how
the Constitution shall be inter-
preted, and deals with each case or
it, merits and on the basis of the
evidence presented and fairness in
interpreting the law and the Con-
stitution. he will make q good Judge
II, ~ sometimes happens, Judge,
DO not permit themselves to forget
they once were part of the worlc
Of political controversy, it takes {
long time for the public to acquire
confidence in their Fundamental
sense of justice, and, after all, re-
spect for the Supreme Court Of tn
United States as an institution vii
rise or fall in the future, as in tn
past, In accordance as the individua
justices look at public controversial