Evening star., 1943-02-11
Arnold Is Nominated
For Rut|edge Post on
Appeals Bench Here
Hugh Cox and Clark
Mentioned as Successor
At Justice Department


Attorney General in charge of
the Antitrust Division Of the
Justice Department, today was
nominated to be an associate
justice of the United States Court
of Appeals for the District of
Columbia. He succeeds Justice
Wiley Rutledge, who has been
confirmed for the Supreme Court.
In line as possible successor to
Mr.. Arnold at the Justice Depart
ment is Hugh Cox, formerly his as
sistant and now doing a special job
for the Board of Economic Warfare.
Another possibility is his present
assistant, Tom C. Clark.
Mr.. Arnold, 81, is a native of
Laramie, Wyo., and formerly was
Mayor there. He has had charge
of trust law enforcement for the
Government since 1898, when he
left a professorship in the Yale
law school to replace Robert II.
Jackson, now a member of the Su-
preme Court, who then was being
advanced to the Office of Solicitor
General. Earlier Mr.. Arnold had
been a trial examiner for the Sc
curities and Exchange Commission
and served as legal adviser when
Frank Murphy was Governor Cen
eral of the Philippines. He also
represented the Government in the
first suits to test the constitutional
ity of the Agricultural Adjustment
Act.
Won Medical Suit.
AS head Of the Antitrust Di-
vision Mr.. Arnold has campaigned
forcefully for enforcement of the
monopoly laws. An outstanding
victory came recently when the
Supreme Court affirmed the con-
viction of the American Med
ical Society on charges Of con-
spring to hinder the operations
of Group Health, Inc, a medical
cooperative formed by Government
employees.
In an administration noted for
pro-labor sympathies, Mr. Arnold
was outspoken in his opposition to
restraints practiced by labor unions,
and has repeatedly sought to curb
these practices by Sherman Act
prosecution. This effort directed
principally against the building
trades unions of the American Fed
Grafton of Labor virtually collapsed
under a series of adverse rulings by
the Supreme Court two years ago,
but recently he has been engaged in
an attempt to curb the activities of
James Caesar Petrillo, head of the
American Federation of Musicians,
whose ban on the production of re-
cordings by members Of the union
resulted In Senate inquiry.
Known as Economist.
The justice designate has written
extensively on economic matters,
and one Of his works which at
tained wide popularity, "The Folk
lore of Capitalism" a critical an
alysis OF the existing economic sys-
tenn, was the object Of close scrutiny
by Senate judiciary subcommittee
which considered his nomination as
Assistant Attorney General.
Mr.. Arnold was born in Laramie
on June 2, 1891, son of a ranchman
and grandson of Presbyterian
minister. He was educated in
Princeton and Harvard, and was
elected to Phi Beta Kappa for scho-
lastic achievements. He practiced
law in Chicago, then saw service
in the first World War as a field
artillery officer in the American Ex-
pedltionary Force. He was a majo
when discharged.
Returning to Laramie, he prac-
ticed law, was mayor for two years,
helped establish lodge of Elks,
went to the Legislature and also
lectured at the University of Wyo-
ming He was dean of law at the
University OF West Virginia before
taking the n0St at Vale