Evening star., 1939-01-08
FrIankfurter Selection
Given Double
significance
Long Liberal Tradition
Continued, Nozis
Rebuked
HI thu Associated Press.

~ toe ASSoC1Ateu FSebS.
President Roosevelt's selection of
Prof. Felix Frankfurter Of the Har-
ward Law School for the Supreme
Court has a double significance to
the minds of some Washington OBJ
servers.
There is little doubt that 1t rep
resents, first Of all, Mr.. Roosevelt's
hope Of seeing the high court i'm
printed for years, even decades, with
that broad liberalism in consti-
tutional construction Of which the
late Justice Holmes was d living and
eloquent symbol. More than any
other man, Prof. Frankfurter, in his
writings and lectures, has ex-
pounded that Holmes tradition.
Yet the circumstances of interna-
.tional stress at the time of the
Frankfurter nomination give it a
possible added significance in the
Presidents eyes. Mr.. Roosevelt has
constituted himself a world spokes-
man for the ideals and ancient
faith" Of democracies in free wor-
ship, as well as for good faith in
relations between nations as opposed
to the "strident ambitions and brute
force" of relationships.
The President, too, has voiced, or
countenanced expression by his OIL
cial aides, of protests against perse-
cLtion Of Jews in Nazi Germany
that went far beyond the normal
uses Of diplomacy. That was sternly
implemented by the State Depart
ment's rejection with strong Ian
guage Of a German demand for a
public apology for Secretary Ickes'
recent speech in Cleveland.
1t is further implemented, SEEM
ingly, by elevation of an Austrian
born Jewish immigrant to the Ma
tion's highest court.
1t seems clear that the Frank
furter nomination marks another
step in the propaganda warfare
between Washington and Berlin
and, at least by illustration, a new
protest against racial intolerance
irrespective of whether that con-
sideration underlay the selection.
It will be so construed abroad.
The timing of its presentation
to the Senate, hot on the heels of
the Presidents excoriation of "ag-
gressor nations" insured that. For
ahe first time, a nomination to the
Supreme Court had a tinge of in
ternational significance.
There are ample grounds in the
constitutional philosophy Prof.
Frankfurter has set down for him.
self for his selection by the Presi-
dent. Less than a year ago, DR..
Frankfurter delivered a series of
lectures on "Mr. Justice Holmes
and the Supreme Court" at Har-
ward, that plainly set out his own
devotion to the Holmes philosophy
. Of the broad meaning of the Con-
stitution. They were later printed
with this inscription by Prof.
Frankfurter:
TO Mr.. Justice Cardozo, rightful
successor to Mr.. Justice Holmes"
And 1t is to fill that niche on the
bench occupied in succession for
more than 80 years. by Justices
Holmes and Cardozo that the
author Of those tributes has been
Nominated. DR.. Frankfurter is in
: his middle sos. There is reason
able expectation that he and the
Two other Roosevelt-named justices,
Black and Reed, may remain on the
bench for two decades or more.
A third OF the court, with DR..
Frankfurter's confirmation, will be
remoulded to exert an influence on
Its constitutional constructions, long
after President Roosevelt leaves
office. Some believe such a group
may become majority of the court
before the Presidents term ends.
That Prof. Frankfurter, other
considerations aside, would have
been the Presidents first, not his
third, choice for the Supreme Court
is not doubted by those who know
the closeness of their relations and
kinship IN appraisal of the purposes
and wide flexibility of the Con-
stitution.
Yet nomination of DR.. Frankfurter
to the Van Devanter retirement
vacancy in the heat of the court
bill conflict might have risked re-
lection. That place went instead
to Senator Black of Alabama in a
surprise White House move. Senate
custom of courtesy confirmation of
It's members nominated for other
public service prevailed