Evening star., 1939-01-06

ter to the Supreme Court is being
considered by the Senate, there is
no such fight on confirmation in
prospect. Every evidence points to
the likelihood that a substantial
majority will vote to confirm and
that the opposition will be nu-
merically small.
One reason why there is going to
be very little opposition is because
the appointment is really no sur
prise. 1t has been talked about in
legal circles for many months. On
August 26 of last year this corre-
spondent wrote dispatch pointing
out that Mr.. Roosevelt was seriously
considering the selection of Prof.
Frankfurter, commenting as follows:
Liberals. radicals, conservatives
all want their particular kind of
man appointed to the Supreme
Court. The radicals scored heavily
when Senator Black was appointed
Tor he is in every sense of the word
the kind of a judge the radical
groups like, namely, man who will
eXpound a particular doctrine and
conduct himself on the bench very
much as does legislator in Con-
gress. Many conservatives of the
extreme school, it must be conceded,
also want that kind of Judge but,
naturally, one who is prejudiced
from their point of view. 1t would
seem unlikely that the President
Will make that mistake again of an
pointing minded judges
and that he will seek among liberals
come one who can really be a Judge
and not political champion of
causes.
IF Mr.. Roosevelt is irrevocably
determined to appoint a radical, then
the conservatives might well con-
slder the wisdom of resigning them
selves to the appointment of Prof.
Frankfurter, because at least he has
G high respect for the traditions of
the Supreme Court and its back
ground of common honesty. He can
be expected, if appointed, to carry
out the ideals of fair and impartial
tribunal"
Qualified and Able.
This can be said just as we'll today
when the appointment is an accom-
plished fact. The President might
have gone to the Senate and picked
some of the rubber stamp Senators.
He could have appointed a layman,
AS some radicals urged, and he could
have appointed any of number of
men from political life. But he want
ed a man who would be liberal and
yet be regarded by authorities of
the bar in America as qualified to
keep up the standard of intellectual
ability which has characterized the
highest bench in the land.
The presence of a legally skilled
liberal like Prof Frankfurter will
furnish another opportunity for con-
trast between opinions such as JUS
tice Black has been writing in his
dissents and the kind of really lib
eral opinions which have come from
Justice Stone.
Prof. Frankfurter is conceded to
be an exponent of New Deal philoso-
ply, but he has too much respect
tor the traditions of the Supreme
Court to allow his legal opinions to
be influenced by personal predilec-
tions of any kind. His fairness as
Judge is recognized by many in the
conservative group. Thus Gov. Ely
of Massachusetts, nominated Prof.
Frankfurter in 1882 to be member
OF the Supreme Court of the State
OF Massachusetts, court regarded
throughout the country by the mem
bers of the legal profession as of
the highest standard. Prof. Frank
furter declined. 1t will be recalled
that Gov. Ely was a conservative
who later allied himself with the
Al Smith faction of the Democratic
party and the American Liberty
League.
Tribute From Willkie.
Another evidence of a belief in
the fairness of Prof. Frankfurter
came recently in public statement
from Wendell Willkie, prominent
utility man who was ready to &C
cept Prof. Frankfurter as one of
d three arbitrators who could adjust
the T. V. A. controversy with the
private utilities.
Felix Frankfurter is not without
his opponents, indeed he has been
charged with having great deal of
influence in the New Deal through
his former pupils at the Harvard Law
School who have come here to i'm
portant positions in the Government.
Naturally he has been attacked as
responsible for their radicalism. But
Mr.. Frankfurter has also throughout
the country among conservative law
yers quite following
What kind of a Judge will Felix
Frankfurter make? The answer
will be found by reading the opin-
ions nf tho Lotto N1i1or yIyon6o11