The Waterbury Democrat., 1939-02-22

I nenC0. Now Justice Brandeis is in re- tirement. Will Justice McReyn- olds follow him? Or--as some of the current gossip has twill he feel that Justice Frankfurter is no improvement, and that he must stay on the bench to counterbal- ance him?
 DOPEsTERS'
 DELIGHT
 The opening of 6 Supreme Court vacancy provides field day for the private-pipeline, inside dope boys down here. The field day is just as good even if the pipelines are all clogged and the dope is all wrong--as Is very often the case.
 One thing to remember is that until the nomination is actually sent to the Senate, no one but the President really knows who is be- ing chosen. The attorney general may know the three or four men from whom the choice will be made: the Presidents secretariat may have a line on the men the pipeline can go any farther than that.
 All of which leaves the way wide open for the creation of booms and beomlets. Sometimes this happens right out in the open. After Brandeis quit, for instance, . bloc of western senators prompt. ly demanded the appointment of . westerner-'most any westerner
 and Representative Martin Kennedy of New York made public plea for the appointment of Senator Robert Wagner. More often 1t is roundabout affair.
 The word begins to circulate that so-and-so is "in line" A day or SO after the Brandeis retirement, the gossipers were insisting that Justice Harold M. Stephens of the U. S. Court of Appeals was due to get the nod. The next day they were talking up Senator Lewis B. Schwellenbach of Washington. Next day the word was that Tommy Cor coran himself was backing w. o. Douglas of the SEC.
 ONLY PRESIDENT
 REALLY KNOWS
 It would be perfectly possible for a man to start e rurnor about him. self simply for the publicity. More often, his friends start 1t. Often 1t is Q form of pressure-a little campaign aimed at the White House. It is, of course, perfectly proper for anyone who can get in to call at the White House and plead the cause of Q possible non1- inee.
 The whole business starts as soon as the vacancy occurs, and does not end until the vacancy is filled. Everybody goes around looking wise but no one really knows anything abodt 1t but the Pres- ident.
 Before anyone actually is nomi- mated to the Supreme Court-or to any other place in the federal judiciary, for that matter-the at- torney general is almost always consulted.
 The consultation may be either formal or informal. That Is, the President may submit, say, three names, and ask for a written re- port on each: or he may simply sit down with the attorney gen. eral and discuss his possible choices more or les casually. There isn't any set procedure.
 In the end, the President gen- orally gets from the attorney geii- eral . more or less detailed rec
 port on the two or three men he Is considering. With Supreme
 Court appOintees these reports
 may be extremely brief; usually .
 man who rates nomination to the
 highest court Is so well known
 that not much of a check-up is
 needed. With appointees to the
 lower courts, ifs different. The
 report will examine such . pr0s-
 pect's' legal record, summarize .
 study of his legal opinions If he
 has been on the bench before) and
 may even 90 into his credit stand
 ing, his personal habits and so on.
 Anyhow, the President finally picks one man and notifies the at- torney general to draft commis. sion. The commission Is sent tc the Senate, and stays there until the man is confirmed. Then Il goes back to the attorney general who transmits 1t to the President who signs 1t and sends 1t back tc the attorney general--who, there. upon, mails 1t to the nominee, who hands 1t in at the Supreme Court takes the oath. and becomes justice.
 (Copyright. 1899. NEA Service, Inc )