Evening star. [volume] (Washington, D.C.) 1854-1972, 1941-06-04

up of politicians David Lawrence.
chosen from the inner circle of
official intrigue and partisanship.
There are two vacancies on the
high court today. Can any man
trained in the law now sitting on
either the Federal or State bench
look to the Supreme Court as
possible goal of attainment on
merit? Not at all. For only through
the channels of politics and per-
sonal service to the political chief
tain of a national party apparently
can promotion be won. The merit
system principle has been dealt
body blow by the five appointments
already made and there is talk now
of adding two more politicians
from the official circle to fill the
existing vacancies.
The effect of this policy has al
ready been evident Political de-
cisions based on the casuistic rea-
soning of those who have a definite
stake apparently in making the
present administrations policies eff
fective already have been rendered.
Chief among these was the amaz-
ing distortion of the laws and the
bold addition of words never writ
ten by Congress in a labor relations
case recently decided wherein an
employer was forced to hire an ap-
plicant he had once rejected. being
now ordered to compensate in back
pay the same employe from the time
of the rejection to the date of forced
employment.
Puts Premium on Politics.
There are some eminent men on
the circuit courts of appeals and
some able men on the State supreme
courts. But they haven't a chance
for promotion in their profession
to the court they all revere. After
this a lawyer will be we'll advised
to get into politics early and play
the political game with its customary
hypocrisies and compromising ex-
pediencies if he wishes to land a
place on the Supreme Court. The
advice given will be to go to Wash
ington, get an appointment in some
department or agency, compromise
with principle, play the game of
the administration and look for
ultimate reward on the bench.
Politics has been the ruling factor,
not only with Supreme Court ap-
pointments, but with Federal judges
generally. Time was when Presi-
dents had respect for the principle
of bipartisan judiciary. Mr..
Roosevelt in eight years has ap-
pointed more than so per cent of
all the Federal judges of the Pcoun-
try. Yet 95 per cent of those ap-
pointed come from his own political
party-a great many of them having
been actively engaged in politics.
There may be a difference of
opinion as to whether past Presi-
dents gave enough recognition to the
economic class represented by what
might be called the radical as
against the conservative viewpoint.
But it will be recalled that Presi-
dent Hoover, a Republican and
supposedly a conservative, appointed
the liberal Justice Cardozo. 1t will
be recalled. too, that President
Coolidge, admittedly a conservative,
appointed the liberal Justice Harlan
Fiske Stone. 1t will be recalled that
President Wilson, a liberal ap-
pointed the conservative Justice
McReynolds.
TOtalitarian in Concept.
The American concept of fair
play and tolerance of the minority
viewpoint hitherto has been in
voked in court appointments. On
the Federal bench the party in
power rarely has exceeded go per
cent, the opposition being given an
average of 80 to 40 per cent of the
judicial appointments. 1t has
meant balancing of the court so
as to give the minority some rep
resentation. But the present ad-
ministration has not done so. 1t
has been totalitarian in its con-
cept. Only the members of one
group-the political group of Off
Gals and advisers of the present
administration - have been ap-
pointed or are apparently nowadays
considered eligible for appointment.
A man like Justice Harold Ste
phens OF the Court of Appeals of
E the District of Columbia, for in
stance, who was recommended by
Attorney General Cummings at
one time for the Supreme Court
end who has made a great record