Evening star., 1945-08-13

Henry Wallace
type, or wheth- Frank r. Kent.
er his liberalism is modified by be-
lief in the multiplication table and
feeling that all new proposals are
not necessarily sound.
In naming Justice Roberts sue
cessor there seem three courses
open to the President.
He can select a man of recog-
nized tendencies toward the left
who will join the Black-Douglas-
Murphy combination and thus
cement the control of the radical
group. Or, he can select a man
learned in the law-such, for ex-
ample, as Judge Parker-who is
sure to affiliate with the restrained
liberals, headed by the Chief JUS
tice and rendered potent by the
support of Justice Frankfurter and
Justice Jackson.
AS a third alternative he can
continue his habit of making ap-
pointments from his former COL
leagues in the Senate. In that
event, the most likely choice is
Senator Warren Austin of Vermont
a Republican with a fine record
and the respect of both sides.
Crusaders" Perturbed.
II MIR. Truman names as justice
some one who will follow the lead
ership Of Justice Black, it not only
will mean undisputed control of
the Court by the crusading element
Tor some years to come, but it will
greatly stimulate and encourage
radical groups and the professional
labor leaders all over the country.
These have been somewhat dis
couraged and perturbed in the last
few months over what they regard
as the conservative tendencies of
Mr.. Truman. They know that as a
Senator he supported Mr.. Roose-
velt's policies and had a practically
perfect New Deal voting record.
But this they, as do others, at
tribute not only to any personal
enthusiasm over the New Deal pro-
gram but to the fact that he is a
regular Missouri machine Democrat
who believes firmly in supporting
the organization and following the
party leader
Now fate has made him the party
leader and he is under no obliga-
tion to follow any one. If, there
fore, in his first Supreme Court
appointment he names an ex-
treme liberal, it would be a
revelation of his own feeling and
would justify rejoicing among the
advancing thinkers"
Those closest to Mr.. Truman, how
ever, are convinced that he will not
go in that direction and that the
Black-Douglas Murphy philosophy
is not his philosophy. At any rate,
the Journalistic organs of the cru
saders are pessimistic about this
appointment and openly assert that
the most that can be hoped for is a
nonpolitical justice of recognized at
tainment.
They make no secret of their be-
lief that this sort of man cannot be
obtained through the Truman GUS
tom of going to the Senate. Con-
ceding, therefore, that the presi-
dental choice will not fall upon an
out-and-out crusader, it seems fair
ly certain that his appointment will
not strengthen the Black Douglas
Murphy group.
For, if he selects either a nom
political, well-equipped lawyer, or a
Senator like Mr.. Austin, his selec-
ton is pretty sure to settle down
into agreement with the general
constitutional views of the Chief
Justice, Justice Frankfurter and
Justice Jackson.
Combination Rulings.
Still this, while it will not cement
radical control of the Court, will
leave it in the unfortunate condi-
ton in which it was before Justice
Roberts resigned. With Justice Black
have usually gone Justices Douglas,
Murphy, Rutledge and Reed. Some
times Justice Reed has refused to
go along, but in the main for the
past two years the Black Douglas
Murphy group has dominated and
the other four have dissented.
With the Court reduced by absen-
tees or member detached by the
President in several cases a mi
nority. of four has rendered its de-
cision. Thus, the Black-Douglas-
Murphy combination in a number
Of instances has been able to re-
verse Supreme Court decisions that
have stood for generations and in
at least one industry-insurance-
something like chaos has resulted.
The reasons the Truman ap-
pointment of man who will take
Justice Roberts place in adhering
to the four dissenters, even though
1t does not change the relative
strength of the two sides, is more
important than 1t seems are, first,
because it will be convincing testi-
mony that the President is not in
sympathy with the radical majority;
second, that if, and when, the Chief
Justice retires, Justice Jackson prob
n ta1 will -.