Evening star. [volume] (Washington, D.C.) 1854-1972, 1941-06-13
Jackson's Successor
Likely 10 Be Either
Arnold or BiddIe
Solicitor General Said
To Have Inside Trock
For Appointment
nv the Associated Press.

By the Associated Press.
Capitol Hill heard today that
President Roosevelt's choice of a
successor to Attorney General Rob-
ert H. Jackson might lie between
Solicitor General Francis Biddie
and Thurman w. Arnold, in charge
of the Justice Departments anti
trust division.
Mr.. jackson was nominated to
the Supreme Court yesterday when
the President also elevated Asso-
ciate Justice Harlan F. Stone to be
Chief Justice succeeding Charles
Evans Hughes, and named Senator
James Francis Byrnes, Democrat, of
South Carolina, to succeed James
Clark McReynolds.
The Senate, which confirmed Mr..
Byrnes' appointment in II minutes,
arranged to hear any protests that
might develop against the Stone and
jackson nominations. Indications
were that they would win final ap-
proval within 10 days.
Meanwhile, reports circulated that
the comparatively youthful Biddle
had the Inside track" for the at
torney generalship, with Charles
Fahy, his assistant, regarded as
likely to step into his present chiefs
job.
Norris Supports Arnold.
There was strong support in Con-
gress, however, for Mr.. Arnold, whose
trust busting" activities as as
sistant attorney general have at
tracted the attention of such ad-
ministration hackers as Senator
Norris, Independent, of Nebraska.
Senator Norris, credited with hav-
ing suggested to the President that
he elevate Mr.. Stone, Republican,
to Chief Justice, said he favored
Mr.. Arnold's appointment, although
he also was impressed with Mr..
Biddle's ability.
Senator Pepper, Democrat, of
Florida, an administration sup
porter, said he had heard that Mr..
Biddle was likely to be the choice
and believed that he was 'emi-
nently qualified and would make an
excellent appointee."
The Presidents selection of Mr..
Stone as Chief Justice apparently
won general approval of both Re-
publicans and Democrats. Senator
Norris said he hoped that the ap-
pointment would set precedent for
the elevation of the senior judge in
point of service when vacancies Oc-
Cured in the Chief Justices post.
Senator Wheeler, Democrat, of
Montana said he was supporting Mr..
Stone, and Senator Bridges, Repub-
lican, of New Hampshire termed
the appointment fine" There was
no apparent opposition to Mr.. Jack
son, either.
Senator Brown, Democrat, of
Michigan said he was particularly
pleased at the Presidents appoint
ment of Mr.. Stone as Chief Justice.
While he said he welcomed the ap-
pointment of Mr.. Byrnes and Mr..
Jackson to the court, he noted that
Mr.. Byrnes' elevation would mean
"distince loss for the President in
the Senate.
The nomination of Mr.. Byrnes to
the high court was reported to have
been accompanied by the Presidents
request to Mr. Byrnes that he re-
main in the Senate until fall.
Quickly confirmed by the chamber,
Mr.. Byrnes said he intended to stay
on the job as acting majority leader
until Senator Barley of Kentucky,
the Democratic chieftain, was able
to return to his duties. Senator
Barley. recuperating from leg in
lection, has been ordered by his ply
sician to rest for two or three more
weeks.
Plans Brief Vacation.
Mr.. Byrnes said he would remain
In the Senate as long as there was
need of his services, but said he
hoped to take a short vacation be-
fore the court resumes its sessions in
the fall.
Mr. Byrnes' resignation from the
Senate, many legislators agreed, will
take from the administration coun-
ellis one of the Presidents chief
leutenants in Congress. The South
Carolina Senator, operating usually
behind the scenes, has been partic-
ularly effective in smoothing the
pathway for controversial legisla-
ton.
His appointment will leave
vacancy some observers said Gov.
Burnet R. Maybank of South
Carolina, political protege of Mr..
Byrnes, hoped eventually to use as
a stepping stone to the Senate.
Under State law, the Governor
could appoint a successor to take
Office Immediately, but would be re-
quired to call a special election
within six months to fill the re-
n1ainder of Mr.. ByrneS' term, which
expires in 1913.
The Governor, serving his third
year of a four-year term in an Office
to which he could not be reelected
under State law, could run for the
Senate while still serving as chief
executive, it was pointed out.
Chairman Van Mugs of the Senate
judiciary Committee said he fore
saw mo difficulty" in obtaining
confirmation of the nominations.
British Close London