Evening star., 1939-11-17
Senators Divided
Over Westerner on
Supreme Court Bench
Boruh Doubts if
Geography Is VitoI
In Selection
By the Associated Press.

By the Associated Press.
Western Senators were divided
today over the need for appointment
Of Supreme Court justice from be-
yond the Mississippi River to sue
ceed Justice Pierce Butler.
Several of them said they would
v-se President Roosevelt to name
Westerner, but Senator Borah,
Republican, of Idaho questioned the
Importance of geography in the Sc
lection.
The name of Attorney General
Murphy figured prominently in Cap
ital speculation. Although res
ident of Michigan rather than of
the West, Mr.. Murphy is a Catho-
lie, as was Justice Butler. The 73-
year-old justice was the only MEM
Der of that faith on the court.
Roosevelt Not in Hurry.
In Hyde Park, N Y, today the
President told reporters he would
wait until Congress convenes in
January, unless some emergency
arises, to fill the Supreme Court
vacancy. There is no litigation of
outstanding Importance on constitu-
tional questions before the court.
Mr.. Roosevelt said he had given no
thought to successor.
The fifth vacancy among the
Justices since Mr.. Roosevelt took
Office emphasized anew the prob
ability that his appointees will
dominate the court for years to
come. The four men he has ap-
pointed so far have been compare
lively young.
Many members of Congress from
the West have contended that in
such probable longtime makeup
Of the court their section should be
represented. Justice Butler was the
only justice whose home was west
of the Mississippi, although Justice
William o. Douglas lived in the
Pacific Northwest in his youth.
Senator Borah said he would like
to see Western man on the court,
but he added:
But candidly, it's the man and
not the geography that counts on
the bench"
Senator Borah said he remained
unconvinced that any special talents
were needed to ravel the complex
hgitation that often stems from dis
putes over Western land titles, irri-
CATION rights or mining interests.
The best mining decisions of the
Supreme Court were written by men
who wouldn't have known mine
II they saw one" he declared.
On the other hand, Senators Ad-
arms, Democrat, of Colorado and
King, Democrat. of Utah said they
thought a man familiar with the
problems of the West should be
nominated. Senator McNary, Re-
publican, of Oregon said he was
joining his Western colleagues in
the opinion that the President
should appoint some outstanding
member of the legal profession who
is truly representative of the West"
Both Senator King and Senator
Adams said they did not feel the
West had been given representation
by the Presidents selection of JUS
tice Douglas.
Bratton to Be Pushed.
Senator Adams said he intended
70 renew his recommendation of
Circuit Court Judge Sam G. Bratton
OF New Mexico, which he had sent
to the President before the Douglas
appointment
Senator King announced that he
again would urge the appointment
OF Judge Harold M. Stephens of
Utah, a member of the United
States Court of Appeals here. Judge
Stephens is Catholic.
Another Westerner to receive un-
official mention was Senator
Schwellenbach, Democrat, of Wash
ington, an active Roosevelt sup
porter.
Among Catholics whose names
have been suggested in various
quarters are John T. Devaney, for
mer chief justice of the Minnesota
Supreme Court, and Charles Fahy,
general counsel of the National
Labor Relations Board.