Evening star., 1939-04-25

to acknowledge David Lawrence.
some of the mistakes made by the
present administration as well. Too
often in politics, public addresses
would be much more effective if,
when condemning a practice, there
was frank avowal of self-blame.
Thus. only recently the Senate
of the United States discussed at
length the politics that entered into
the controversy over the appoint
ment of judge in Virginia. Like
wise. when one of Huey Longs
henchmen was recently appointed
Federal Judge despite the fact that
he had been expelled from the
Louisiana Bar Association, there
was no hint from the Department
Of Justice Of improperly; indeed.
the appointment was like many
others Of the sort that can really
be termed political involvement
There have been other cases In
which persons active in politics
have been named to the Federal
bench without regard to the fact
that men Of greater ability and
qualification we're available. Most
everybody around Capitol Hill rec
ognizes that Federal judgeships
often are a patronage affair and
the instrument of political reward
to the faithful party workers or
their friends. If Attorney Genera!
Murphy intends to change all this,
and If he had conceded that his
reform effort by no means condones
some previous appointments of the
present administration, the address
would truly be a milestone and as
such would be a heartening step in
the desire of the American people
to see appointments to the judiciary
completely divorced from politics.
Presidents Misled.
But there are worse things than
political involvement 1t is the
involvement of the judiciary in class
conflict and the selection of judges
from among those who have mani
tested anything but judicial atti-
tude in their impassioned assertion
Of economic causes. AS between
judges chosen outright for political
reasons and those chosen for con-
scious bias Of an economic or class
variety, it may well be argued that
the Judge who has had experience
in politics is likely to prove the
better judge, because ne has lived
among the actualities of human life.
It Is also not In accord with the
record to assume that any particu-
lar administration is guilty OF bad
appointments and that another ad-
ministration is to be created with all
the good appointments. Experience
shows that Presidents have been
imposed upon or misled by those
who recommend men for the ju-
dietary and that often the appointee
doesn't square at all with the eA-
pectations.
Thus, it was President Theodore
Roosevelt who appointed Oliver
Wendell Holmes to the Supreme
Court In the belief he would decide
railroad rate cases in accord with
the Roosevelt doctrine, but Justice
Holmes didn't do it.
It was President Wilson, liberal,
who appointed Justice McReynolds,
who became one of the conservative
justices Of the Supreme Court.
1t was President Harding, Con-
servative, who appointed Chief JUS
tice William Howard Taft, author
Of many liberal decisions.
1t was President Coolidge, con-
servative, who appointed Justice
Stone. one Of the liberal members
Of the court.
For Future Reference.
It was President Hoover who ap-
pointed the late Justice Cardozo,
liberal Of liberals, and it was Presi-
dent Roosevelt who appointed JUS
tice Black, though it is doubtful
whether this appointment would
ever have been made If all the facts
about the Ku Klux Klan member
ship had been known in advance
at the White House.
To argue that any administration
Is better than another in the quality
of judicial appointments is rather
difficult. because there have been,
even under the present liberal re-
gime, some appointments to the
lower Federal courts which have
come in for some criticism as to the
influences of local politics.
Maybe Attorney General Murphy
intends to serve warning that he
will not recommend anybody for
the Federal bench with a political
background unless the legal expert
ence OF the nominee is outstanding,
and maybe he intends to make a
f1ght against the pressure from
Capitol Hill which so often is ap-
piled at the White House when a
judgeship vacancy occurs. But
any way, what Mr.. Murphy says
will be written down now and re-
ferred to later on when judgeships
are filled to determine whether po-
ltical and economic bias or class
pressure has really been eliminated
from the informal process whereby
judicial appointments are made.