Evening star., 1941-06-15

Who leaves the post of Attorney
General to join the high courts
liberal oroup.-Wide World Photo.
DY HIS promotion of Justice Stone to
- the chief justiceship of the United
States and his appointment of Attorney
| General jackson and Senator Byrnes OF
! South Carolina to the vacancies created
| by the retirement of Chief Justice
! Hughes and Justice McReynolds, Presi-
! dent Roosevelt, who complained in 1887
/ that the Supreme Court was the baking
member of the three-horse team of the
American system of government" can
| now reasonably expect a continuance OF
the New Deal philosophy in the judiciary
! for a score or more years regardless of
what party, faction or person controls
| Congress or the White House.
The nominations Thursday brought
/ the Presidents selection of men of his
! own cnoice to eight, although he has
appointed only seven members of the
| court The naming of a Chief Justice
is rare privilege for any President, as
the Office carries with it far greater
| authority than that of an associate JUS
tice.
| AS the chief justice of the United
| States. Mr.. Stone will head the Federal
| judicial system, preside as chairman of
the Federal Judicial Conference and
| direct the assignment of lower court
judges. Within the Supreme Court he
will allot the writing of unanimous
opinions, and when the court is divided,
the opinions of those with which he
concurs. If he follows the precedents
established by Chief Justices Taft and
Hughes, he will keep the court abreast
of its work
The Kind Roosevelt Wants.
! During the bitter fight over his pro-
posal to enlarge the court, the Presi-
| dent described the kind of justices he
would appoint if given the opportunity.
| In ''freside talk" on March g. 1887,
| he said defiantly of his opponents:
What do they mean by the words
! packing the Supreme Court?'
Let me answer this question with a
bluntness that will end all honest mis-
understanding of my purpose.
IF by that phrase packing the court
1t is charged that I wish to place on
the bench spineless puppets who would
disregard the law and would decide
specific cases as I wished them to be
decided, I make this answer-that no
President fit for his Office would appoint,
and no Senate of honorable men fit
for their Office would confirm that kind
of appointees to the Supreme Court.
But if by that phrase the charge is
made that I would appoint and the
Senate would confirm justices worthy
to sit beside present members of the
court who understand those modern
conditions-that I will appoint justices
who will not undertake to override the
judgment of Congress on legislative
policy-that I will appoint justices who
will act as justices and not as legisla-
tors-if the appointment of such justices
can be called packing the court then
I say that and with me the vast ma
jority of the American people favor
doing just that-now."
Has Followed His Promise.
In his appointments to the court the
President has generally followed the
promise of his speech, and in elevatine
Justice Stone to the chief justiceshir
and appointing Attorney General Jack
son and Senator Byrnes to the remain
ing vacancies, the New Deal patterr
of the court is merely emphasized
Whether the five other appointees have
decided specific cases as he wanted
them decided is open to debate, depend.
ing on the point of view of the observer
Since the appointments few New Dea
cases have gone against the Govern
ment That is not to say that the New
Deal justices have voted as bloc; they
have often divided.
1t would be presumptuous for anybody
to predict what the new court" will dt
next term and thereafter on specific
cases or types of cases.
Justice Stone has been a teacher o.
the law, an attorney for large corpora
tions, an Attorney General and, most i'm
portant, a member of the court since
1925.
Attorney General jackson was we'll
to-do Upstate New York lawyer before
he entered the Government service il
1884 as general counsel of the Interna
Revenue Bureau. Before joining tht
Presidents cabinet as Attorney General
he was in charge of the antitrust divi
sion of the Justice Department ane
Solicitor General In all these position!
he followed the leadership of President
Roosevelt and, during the court fight
he was perhaps the ablest spokesman
for the Presidents plan for remaking thu
Supreme Court.
Senator Byrnes has the reputation o
being the most astute politician ant
adroit manipulation in the Senate. He il
also an able lawyer. In the Supremt
Court controversy in the Senate, while
| counted among those supporting th'