The Washington times., 1939-01-03
WEST TO Win
VACANT SEAT
IN HIGH COURT
Three Candidates All
From That Section
BY GEORGE DURNO

By GEORGE DURNO
(1.N.SJ The Far West will wi
the next Supreme Court appoint
ment, informed New Dealers pre-
dicted today.
Three names stood out for tn
high court vacancy created by tn
death of Justice Benjamin N
Cardozo. They are:
Harold M. Stephens, of Utah,
present associate justice of the
q. S. Court of Appeals for the
District of Columbia;
Joseph C. Hutcheson. jr., Of
Texas, and present judge Of the
fifth circuit Of the U. S. Court
Of Appeals, and;
Lewis B. Schwellenbach,
United States Senator from
Washington.
TO AWAIT MESSAGES
White House sources expressed
the conviction there would be no
appointment to the long-standing
vacancy until after President
Roosevelt has delivered his annual
message to Congress tomorrow
and his Federal budget estimate on
Thursday.
In q wide scope of Washington
officialdom, Justice Stephens was
favored as the probable recipient
Of Mr.. Roosevelt's third appoint
ment to the nations highest tri-
bunal. This was because it was
an open secret that Homer S.
Cummings, just retired as Attorney
General, and most of the key Off
GERS Of the Department of Justice
were urging that he be named. Up
to last week, Stephens was regard
ed as almost a certain choice.
SHIFT REPORTED
With the birth of the new year,
however. reports have been spread
that the White House, after care
full consideration Of all factors, was
inclined more to Judge Hutcheson
or Senator Schwellenbach.
Stephens, So years old, was born
In Nebraska but undertook legal
practice in Utah after graduation
from Cornell and Harvard. A con.
vert to the Catholic religion he
Is regarded as one of that church S
outstanding laymen.
After working as Salt Lake
City attorney for three years, he
put in "a months as assistant
prosecuting attorney Of the county
and then went on a State court
for four years.
ON BENCH SINCE 1888
Stephens returned to private
practice, there to remain until
President Roosev welt appointed
him Assistant United States At
torney General in June, 1888. Two
years later he was placed on the
Federal Circuit bench.
Hutcheson, aged SO, is a native
Of Houston. After 18 years of pri-
vate practice he became mayor
Of Houston in 1917. The year fol
lowing Woodrow Wilson made him
q Federal Judge for the Southern
District of Texas, and January 26,
1881, Herbert Hoover elevated him
to the United States Circuit Court
Of Appeals.
Both men are regarded by mem
bers of the bar as able and learned
juriStS.
ARDENT NEW DEALER
The third name to come into the
picture-and publicity this week
is that of New Deal Senator
SchWellenbach from the far North
west State of Washington. Elect
ed in 1884, he has been one of the
Administrations most loyal sup
porters in the Upper House.
Schwellenbach was born in Wis
consin A years ago, moved with
his family to washington for his
education, served as a private in
the World War and practiced law
in Seattle from 1919 to the date of
his election to the Senate. He was
state commander of the American
Legion in 1922.
Neither Stephens nor Hutcheson
would have any trouble in being
confirmed by the Senate, it was
believed, in that they are sitting
members of high Federal courts
Similarly, it would be expected
that Schwellenbach would be &C.
corded the customary Senatorial
courtesy granted any inSumbent
or '"lame duck" who gets Presi,
dental appointment.
The final answer was wrapped
I'D in President Roosevelt's mind.