Evening star., 1944-07-27
Douglas Nd
Arousing S
Writer Questions
of Court MemberJ
By David Ii
tile noticed perhaps

Little noticed perhaps a.
pressure Of other events in cor
with the Democratic National CO..
ton was the public statement by PresiS
dent Roosevelt that Justice Douglas of
the Supreme Court of the United States
would, In his opinion. make a good
candidate for Vice President and would
bring real strength to the ticket"
The possible selection of a member
OF the Supreme Court bench for high
political Office has been the subject of
much comment from time to time, espe-
cially since Justice Hughes was drafted
for the Republican nomination in 1916
AT that time. Mr.. Hughes refused to
allow his name to be used in any pri-
maries and on every occasion, when
inquiry was made, declared that he was
not candidate and would not par
ticipate in any way in any pre-
convention tactics.
Nevertheless, when he did leave the
bench to accept the nomination the
precedent led to speculation from time
to time as to the availability of other
members Of the court. Thus, in 1910
there was much discussion about Sc
lecting Justice Roberts for the Repub-
hcan presidential nomination.
No Established Custom.
The name Of Justice Douglas has
been mentioned in the press from time
10 time as possible running mate for
President Roosevelt in the 1914 CAM
paign, but not until the President him.
self pointed to the name of Justice
Douglas did 1t appear that the New
Dealers were giving serious considera-
ton to the prospect of drafting a man
out OF the Supreme Court for political
ONCE.
The fact that the President. who
actually appointed Mr.. Douglas to the
Supreme Court, made the suggestion in
public letter to Chairman Robert
Hannegan of the Democratic National
Committee has occasioned some surprise
because it was not believed that the
mead OF the executive branch OF the
Government would make such a sug-
gestlon with respect to the judicial
VI oilCH VI tile government,
There is, of course, no rule about it
and no established custom that has been
violated, though there will be some
who will wonder whether in the ex-
citement of the preconvention con-
troversies the President did not over
look the Interpretation that might be
placed upon his public Endorsement of
member of the Supreme Court for DO
litical Office while he is serving on the
bench.
Mr.. Roosevelt, on the other hand has
never stood in awe of the Supreme
Court as an institution and is inclined
to feel about it very much as he did
when he was in Albany and fraternized
. constantly with the highest court in the
State Of New York, namely, the Court
of Appeals. His conception then was
that there was no improperly in chief
executive discussing judicial questions
with members of the high court.
Relationship Not Intimate.
1t Is reported that Mr.. Roosevelt has
felt that he could continue the same
custom with respect to members of the
Supreme Court in Washington. but
whether he has at times consulted the
justices In advance with respect to the
possible constitutionality or legality of
questions that might arise is not known.
Certainly the relationships between
the executive and judicial branches Of
the Government up to the present ad-
ministration have not been too intimate,
though occasionally there have been
personal friendships, such as that be-
tween Justice Stone and President
Hoover, who used to 60 on fishing trips
together.
One of the embarrassments connected
With the fact that the President did
mention Justice Douglas for the vice
presidential nomination is that his name
will be mentioned frequently hereafter
with respect to the 1948 race. 1t will be
suggested that Mr. Roosevelt has Justice
Douglas in mind as his possible sue
cessor in l948, though, to be sure, there
Is no warrant for the expression of such
a preference at this time.
Is 1t, therefore, desirable that men,
bers Of the Supreme Court should be-
come actively associated with political
discussions or that their names should
be used by the President in connection
with preconvention politics?
Possibly If it all had to be done over
again Mr. Roosevelt might have selected
some other name to go along with than
that of Senator Truman.
Reproduction RIGHTS Reserved)