Evening star., 1939-01-06

UUpOtVLUtCUL " LUTSC tIOSTQLS 70
vacancies caused by death OF one
and retirement OF tho justices.
Selection yesterday of Prof. FeHr
Frdnkturter OF Harpdrd brings
spiritual father" OF New Deal to
highest tribunal.
By the Associated Press.
The court reorganization issue
may be revived in Senate hearings
on Felix Frankfurter's nomination
to the Supreme Court.
Although most Senators expressed
hearty support of the liberal Har-
ward law professor, several predicted
today he would be asked for his
views on the Roosevelt court bill,
rejected by the Senate in 1887.
Mr.. Frankfurter, White House
adviser since the inception of the
New Deal. was appointed yesterday
by Mr.. Roosevelt to succeed the late
Justice Cardozo. He is not expected
to join the court until the Senate
confirms his nomination.
AACoAAuSS W DC ucIOs
Some Western Senators expressed
regret that a man from their Sec
ton had not been chosen, since the
West Is not now represented on the
court. Senator Thomas, Democrat,
of Utah said after q visit to the
White House, however, he was sure
a Westerner would be appointed
ultimately.
There was speculation over wheth-
er some of the older justices soon
might retire. Talk centered around
Justice Louis D. Brandeis, 50, and
Justice James C. McReynolds, rs,
but there was no public indication
Of their plans.
Several members of the Senate
subcommittee named to consider
Mr.. Frankfurter's nomination said
they would not vote until hearings
could be held. They began a study
OF the appointee's past utterances
in an effort to ascertain his attitude
toward the court reorganization
plan.
Denied Authorship.
Senators King. Democrat, of Utah
and Connally, Democrat, of Texas
said that while Mr.. Frankfurter had
made no definite statement on the
program, there were indications he
had opposed it.
Several efforts were made to bring
him before the Senate judiciary
Committee which was conducting
hearings on the measure, first by the
proponents of the bill, and later by
its foes. All were unavailing.
1t did not come to light in this
country until later, but during the
| controversy British newspaper
published dispatch from an Amer
lean correspondent attributlng the
authorship of the measure to Mr..
Frankfurter. In a letter to the
editor of the paper, he denied it in
somewhat indignant terms.
In fact, during the fight q book
which he had written on the duties
and functions of the court became
q handbook for some anti-court bill
Senators in their questioning of
witnesses.
Pope Nomination Challenged.
| Another subcommittee member,
Senator McCarran. Democrat, of
Nevada, also said that "in all prob
ability Mr.. Frankfurter will be asked
about his views on the court pro-
posals." Senators King. Connally
and McCarran all opposed the plan.
Chairman Nicely, Democrat, of
West Virginia called a meeting of
the subcommittee for 1890 am. to-
morrow to consider the nomination.
He said the meeting would be open
to the public, but that he did not
know whether Mr.. Frankfurter would
be present or whether any witnesses
would be heard.
Hearings also were scheduled on
three other nominations Mr. Roose-
welt sent to the Senate yesterday
those of former Senator Pope, Demo-
crat, Of Idaho, to be a T. v. A.
director; Harry Hopkins, to be Sec
retary of Commerce, and Frank
Murphy. to be Attorney General.
Senate critics of the T. v. A.
promptly challenged Mr.. Pope's
nomination on the ground that no
vacancy exists. Senator Bridges, Re-
publican, of New Hampshire. assert
ed that Mr.. Roosevelt had acted
illegally" in ousting DR.. Arthur E.
Morgan as T. v. A. chairman last
year.
Mr.. Pope was named to DR..
Morgan's unexpired term. DR.. Nor
gan now is contesting his removal
in a court proceeding.
Norris Defends Appointment.
Senator Norris. independent, OF
Nebraska, who fathered the T. v. A.
Act in Congress, defended Mr.. Popes
right to the seat and said the ap-
pointment could have no effect on
the pending court action.
Senator Bridges also criticized
the nominations of Attorney Cen
eral Murphy and Secretary Hopkins
in the Senate yesterday. Senators
Connally and Wagner, Democrat, OF
New York promptly came to Secre-
tary Hopkins support. Senator
Connally charged Senator Bridges
| was trying to smear Mr.. Hopkins
without giving him fair hearing"
A majority of the subcommittee
considering Attorney General Muir
phys nomination said they approved
his appointment but that he would
be questioned regarding his handling
of sit-down strikes when he was
Governor of Michigan.
Appointment of Mr.. Frankfurter
was the third which President
Roosevelt has made to the nine-man
Supreme Court. -Four of the pres
ent justices-Brandeis, McReynolds,
Butler and Chief Justice Hughes
are past 10, and therefore eligible to
retire on full pay Of $4,000 q year.
It was believed that Chief Justice
Hughes, rs, and Justice Butler, u,