The Ypsilanti daily press. (Ypsilanti, Mich.) 1928-1962, 1941-06-19

prestige and he gets a pay boost
from $4,000 to S2O,500, though I
don't suppose he cares much for
that.
It's assumed that the supreme
court justices politically are nom
partisan. AS a matter Of fact, how
ever, they always have had their
previous party Affiliations, and it's
been the invariable past custom for
Republican presidents to appoint
Republicans and for Democratic
presidents to appoint Democrats,
after which the theory is that they
shed partisanship completely. In
reality, sometimes they do and
sometimes they don't.
This case is an exception. Justice
Stone was a Republican originally.
The circumstance that President
Roosevelt gave him his promotion,
despite his earlier record, generally
Is interpreted as meaning that the
White House tenant isn't letting
politics count in these emergency
times-just as he didn't when he
handed over his war and navy
cabinet portfolios to Secretaries
Henry L. Stimson and Frank Knox,
two Republicans.
Stone Had Seniority
But, aside from that, Justice
Stone was in line of seniority for
the chief justiceship when Chief
Justice Hughes quit. Justice James
Clark McReynolds had been his
senior, but he'd retired already.
Besides, Republican though he'd
been. during the New Deal regime
Justice Stones judicial voice has
been pretty uniformly pro-New
Dealerish on New Deal legislation,
UP for consideration on grounds Of
unconstitutionality; so he was &C
ceptable to F. D. r.. too.
And that's an odd thing.
Justice McReynolds was appoint
ed by President Wilson, first as at
torney general and then to his SUI
preme court justiceship, as a cork
ing good liberal. He developed into
the most fiercely conservative
member Of that. court. The New
Dealers blessed their stars when he
finally resigned.
On the opposite hand, President
Coolidge, who never rated as much
Of a liberal, named Harlan F.
Stone, initially as his attorney
general, and later for the supreme
bench, as a sound conservative.
liberals in the senate fought his
judicial confirmation like fury, cit
ng his past as a corporation law
yer and referring to him as a hide
bound reactionary. He squeaked in,
but it was a hot contest Now he's
entirely satisfactory to the New
Dealers.
AS soon as a man gets into the
supreme court he's sacrosanct.
From the standpoint Of interview
seeking newspapermen he might as
well be dead. But I knew Harlan
Stone pretty well when he was at
torney general. He was a good
scout, though he did disappoint me
on one interview once.
Not believing in prohibition, I
tried TO get him to say that he
didn't, either. He wouldn't do 1t.
tits great social experiment" he
said, land as such. it's entitled to a
fair trial" But even the supreme
court couldn't give it that.
Justice Jackson
Robert H. Jackson. hoisted by
President Roosevelt out of the at
torney generals job into the group
Of nine old men," isn't so old
only 40. He's been an interviewable
bird. also. AL the Washington
scribes regret seeing him disap-
pear into that morgue. Jackson Is
a congenial New Dealer for fair.
Ny impression is that he's at
tached to F. D. r., not so much be-
cause he's devoted TO him personal
ly, as because F. D. RS an expo
nent Of the policies that he bob,
to call him that for the last time)
believes in so ardently.
Senator James F. Byrnes, who
gets the other associate justiceship.
is different. He's had a long career
in the house Of representatives and
the upper congressional chamber
and, while a good enough liberal,
he never manifested any violent
New Dealerish tendencies until the
Roosevelt regime came in. But ne