Evening star., 1944-04-18
COP Campaign Issue
Dewey May Launch Attack
on Federal judiciary
By David Laurence

By David Laurence
Gov. Dewey hasn't said much about
nominee, as seems likely now, one OF the
most powerful attacks made by anybody
thus far against the Roosevelt admins
tration will be launched by the New
York Governor on the charge that the
administration has debauched the Fed
eral judiciary.
The fact that in 10 years Mr.. Roose-
welt has had the opportunity to appoint
probably as much as 10 per cent OF the
Federal judges of the Nation from coast
to coast and that he has appointed many
politicians or persons who have rendered
political service viii be one Of the main
revelations Of the forthcoming cam
paign.
The Republicans In the Senate have
sensed this issue In their attitude to-
ward Senator Bone Of WASHINGTON.
Democrat, who, despite the fact that he
has been appointed Judge Of the Circuit
Court Of Appeals for the Ninth Circuit
and has been confirmed by the Senate,
still remains q member Of the Senate
and refuses to resign rs urged by his
Republican colleagues.
Political Considerations.
The reason, of course, Is that the State
OF Washington has Republican Gov
ernor and II Mr.. Bone should resign. a
Republican would succeed him, whereas
Ii the change in the Senate seat is de-
layed till next January when a new Gov
ernor takes office the administration will
have a chance either to hold the seat
Till then or to continue it in Democratic
hands If Democrat is elected Governor.
The ruse or stratagem by which this
political maneuyer is effected calls for
the postponing by Senator Bone of the
taking OF his oath as a Judge. He can
do this technically and yet apparently
refrain from violating the letter of the
constitution which says that no person
holding an office under the United States
which means in either the executive
or judicial branch Of the Government
shall be member of either house.
There is precedent for what Senator
Bone has done. Fred M. vinson. who
was q member Of the House Of Repre-
sentatives, was appointed member of
the Court of Appeals here, but DELAYED
taking the oath Of office for several
months till he could finish steering a
piece Of legislation through the WAYS
and Means Committee for the admin
istration, but 1t was a. bad precedent.
The question might well be asked
whether member of the Senate or
House who accepts judicial appoint
ment and then remains to support ad-
n1inistration policies Is qualified to sit
impartially on issues which arise be-
tween a citizen and the administration
In power.
The question also arises whether the
administration rendered the appoint
ment with the understanding that GER
tain services should continue to be
rendered before the member Of Con-
gress took the oath Of office. There
have been altogether too many Instances
in which members Of Congress who
performed rubber stamp" services for
the administration have been appointed
Federal judges. Again and again the
talk on Capitol Hill Is that some recalci-
trant or rebellious member is told in q
delicate roundabout way that maybe he
will be appointed to judgeship il he
plays bali with the administration.
Political Flavor Of Appointments.
This Use of the Federal judiciary as q
piece Of political patronage on q par
with other political offices is new with
the New Deal. For many years the
party In power probably did make q
majority of appointments from qualified
persons. but there was kind Of whole
some respect for the judiciary under
both the Republican and Democratic
administrations Every now and then
well-qualified lawyers from the opposite
party were chosen and there was q GER
tain pride in getting a judgeship on
merit. But today iudgeships are politi-
cal offices just like postmasterships.
If the Federal judiciary didn't have to
handle the problem Of interpreting the
Constitution and enforcing the laws as
between citizen and his Government,
there would be little concern over the
political nature of the judges. But in
Nazi Germany the scheme is to select
political judges who are instructed to
decide cases on the basis Of local senti-
ment. To permit the Federal Judiciary
in America to be debauched by politics
is to destroy the impartiality Of the
tribunals which are supposed to uphold
the more important Of the -four
freedoms"
Gov. Dewey has ahead Of him an
excellent issue on this point, and the
Republicans, after having made their
record of protest against Senator Bone,
might well let it alone, for it's much
better for them if the Washington
Senator doesn't resign.
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Unwise Promises