Evening star., 1945-09-08
Prospects Good for
Naming Republican
To Supreme Court
BY GOULD LINCOLN,

BY GOULD LINCOLN,
Prospects of the appointment of
Republican to fill the Roberts va
cancy on the Supreme Court were
reviewed again today in the light of
a statement issued by Representa-
tive Robsion of Kentucky, Repub-
lican member of the House Judiciary
Committee, a statement in which
the Republican leadership in Con-
gress is understood to have con-
Cured
Pointing out that the eight re-
naming justices of the Supreme
Court were appointed by the late
President Roosevelt, who named
seven Democrats and made Justice
Stone Chief Justice, Mr.. Robsion
said 1t was most refreshing" to
learn President Truman has init
mated that he contemplates ap-
pointing a Republican to fill the
post vacated by Justice Roberts, re-
Gently retired"
Out Of Balance.
This situation is obviously out
OF balance and completely inconsist-
ent with reasonable representation
of minority political party which
includes almost a majority of the
population" said Mr.. Robson. This
is not to say there should be politics
in the court. On the contrary, poll
tics on that tribunal should be
avoided, but different political con-
ceptS should be represented on this
court of last resort"
Mr.. Robson also called attention
to the fact that out of 200 ap-
pointments made by President
Roosevelt TO life-tenure Federal
iudgeships, only four original ap-
pointments have gone to Repub-
licans.
Two of the four had to be Repub-
llcans because of statutory require
ments," said Mr. Robson The
other two were United States Dis
trict Court judges in California in
August, 1885, and those appoint
ments were not made without politi- !
cal significance.
Are not such overwhelming num-
hers of Democrats on the Federal
Judiciary strong proof that par
tisanship was involved? Such pro-
cedure has undoubtedly weakened
the confidence of the American peo-
pie in the judicial branch of the
Government"
When the vacancy on the Supreme
Court is filled, Mr.. Robson said, he
hoped the President will select
recognized Republican. 1t is GER
tainly not enough to choose for
appointment one who has merely at
some time voted for a Republican .
candidate
Especially to be avoided is the
appointment Of some member of the
present departments or administra-
tive agencies of the Government. !
Obviously such an appointee would
go to the bench after having been
stepped in bureaucracy and ad-
ministrative mumbo- jumbo of which |
he has been a part. In such a stu |
alton he would be ethically bound
to disqualify himself Tin cases in
which his former service might |
render disqualification necessary |
leaving the court once again with
out the services of justice legally
competent to enter what might be
a deciding vote on close and i'm
portant questions"
Mr.. Robsion pointed out that the
Supreme Court only recently had |
found itself unable to muster a
quorum of qualified justices due to
the fact four of the incumbents had
been appointed by President Roose-
welt from one of the Government !
departments.
The appointment of an outstand-
ing Republican to the court, Mr..
Robsion insisted, would go long
way to re-establishing in the public
mind that feeling of trust and con-
f1dence which should prevail with |
reference to the Supreme Court of
the United States"
Bland Strongly Backed.
In the list of Republicans whose
names have been recommended to
the President for appointment to
the Supreme Court is Judge Oscar
r. Bland of the United States Court
of Customs Appeals. Judge Bland,
former member of the House from
Indiana and for % years a Federal
Judge, has strong backing. He has
been indorsed by the Indiana dele
cation in Congress, by several Sen
ators other than those from Indiana
Including Democratic Senators
Walsh of Massachusetts, and George
of Georgia and Speaker Rayburn.
In addition he has the support of
several important labor leaders,
among them William Green, presi-
dent of the American Federation of
Labor, who recommended his ap-
pointment to the Attorney General
AS a member of the Indiana Legis-
lature years ago, Judge Bland spon-
sored 2-cent railroad rate law and
many bills in the interests of the
Indiana has never had an
appointment to the Supreme Court
and is pressing for this.
Judge Bland, however, is only one
of number of Republicans who
have been mentioned for this post
Among them are Undersecretary of
War Robert P. Patterson. Senator
Austin of Vermont, Senator Burton
of Ohio, former Senator Donaher of
Connecticut and Judge John J.
Parker of North Carolina of the
limited States Circ1lit Co,lrt of An