Evening star., 1941-01-23
Many Mentioned
For Court Vacancy;
Jackson Given Edge
Three Colleagues Urge
Appointment Of Byrnes
To Succeed McReynoIds
BY the Associated Press.

BY the Associated Press.
Picking a successor for Associate
Justice James Clark McReynolds on
the Supreme Court bench became a
major occupation in the Capital to-
day and the name most frequently
mentioned in the unofficial specula-
ton was that of Attorney General
Jackson
President Roosevelt, however, kept
his own counsel and the White
House was barren of hints as to who
would receive the sixth Supreme
Court appointment Mr.. Roosevelt
has had since taking Office.
AS far as conjecture went, the
field was wide open and the num-
Der of potential contenders grew
with the passing hours. Sugges-
tlons were made that the new JUS
tlce be Westerner, a Southerner, a
Midwesterner, an Fastener, Re-
publican
Byrnes Appointment Urged.
Even those with other ideas con-
ceded, for the moment, that Mr..
jackson had the edge, as the most
probable choice. Some, however,
thought the coveted post might go
to Senators Byrnes, Democrat, of
South Carolina. whose nomination
would satisfy those who believe a
Southerner should be picked. 1t
was reported that three Democratic
colleagues of great influence-Sen-
ate Majority Leader Barkley and
Senators Harrison of Mississippi and
Glass of Virginia-urged Senator
Byrnes' cause in a late conference
with Mr.. Roosevelt yesterday.
Besides Mr.. Jackson and Mr..
Byrnes, others discussed were:
Francis Biddle, Solicitor General:
Thurman Arnold, Assistant ATTORNEY
General; Senator Barkley, Charles
Fahy Assistant Solicitor General;
Senator Wagner, Democrat. of New
YORK; former Senator Ashurst, Dem
ocrat, of Arizona; former Senator
Mlnton. Democrat, of Indiana, now
an executive assistant to the Presi-
dent.
Harold M. Stephens, Wiley Rut-
ledge and Justin Miller, associate
justices of the United States Court
OF Appeals for the District of
Columbia; Samuel G.. Bratton. Cir
cult Court judge in the 10th Federal
district and former Democratic
Senator from New Mexico: Florence
E. Allen of Cleveland, Circuit Court
Judge in the 9Th Federal district:
Robert P. Patterson, Undersecretary
of War, Republican; Lloyd K.
Garrison, dean of University of
Wisconsin law school.
James M. Lands, dean of Harvard
Law School and former chairman of
the Securities and Exchange Com
mission; Robert M. Hutchins, presi-
dent of the University of Chicago;
Samuel Rosenman and Ferdinand
Pecora. judges of the New York
Supreme Court; Donald R. Rich
berg, former N. R. A. administrator:
Federal Circuit Judge William Den
man of San Francisco. and J. D.
Wickhem, member of the Wisconsin
Supreme Court.
Probable Rank for Next Vacancy.
Those who rated Mr.. Jackson's
chances high said that if he got
the appointment, Mr.. Biddle might
be moved up to Attorney General
and Mr.. Fahy to Solicitor General.
These sources said that Senator
Byrnes, Undersecretary Patterson,
Mr.. Biddle and Mr.. Fahy would rank
in that order for the next vacancy
on the high tribunal.
Justice McReynolds, in his letter
of resignation to President Roose-
welt yesterday, fixed its effective
date as February /. Actually the
court days of the 78-year-old jurist
were over, for the tribunal is ad-
journed and does not convene again
until February 3-Mr. McReynold's
18th birthday.
Mr.. McReynolds will be the. fifth
living retired member of the court.
The others are: John H. Clarke, 03,
who retired in 1922; Willis Van
ottdIlGCl, OIL. VIII SICIDCu wv" IL al
1887 during the court reorganization
battle; George Sutherland, 7S, who
retired in 1898, and Louis D. Bran
deis, "a, who retired in 1899.
Chairman Van Nuys said the Sem
ate Judiciary Committee would give
speedy consideration to any ap-
appointment for the vacancy, but
added that no information had been
received from the White House.
Senator Van Nuys lauded Justice
McReynolds "for his many years
service"
Sincerity Praised.
while he differed with many of
the recent appointees," said the In
dianan, Il think the court, bar and
public gave him full credit for sim
cerity of purpose and fidelity to oar
constitutional government. He was
a hard working, sincere, and highly
respected member of what I con-
slider the greatest judiciary in the
world"
Senator Austin, Republican, of
Vermont, assistant Republican lead
er, said he hoped that the views
respecting fundamental principles
found in the opinions of Justice Nc
Reynolds may continue to affect the
consideration of constitutional ques-
tionS by the court
Senator Thomas, Democrat, of
Utah, in tribute to Mr.. McReynolds'
record as a dissenter from recent
opinions of the highest court, said
"every right thinking person for
Americas welfare would hate to see
the day of dissenting opinions cease"
Senator Gurney, Republican of
South Dakota, recalling that Presl-
dent Hoover had appointed a Demo-
crat, the late Justice Cardozo, to the
court, suggested that President
Roosevelt also might recognize the
principle of minority representation
for balance.
Middle Westerner Urged.
81 think it would be healthy to
have man with Middle Western
background upon the highest court"
he said. "a Midwesterner would
understand the problems and diff