Evening star., 1946-06-09

junk dealer for violating regulation
against use of the streets for storage.
He did not think that the man had
violated the ordinance, and he OBJ
served rather bluntly that "the courts
are not the instrumentality of govern
ment to amend the regulation" The
other dissent was still sharper. His
associates had reversed a lower court
finding that picture book was OBJ
scene, their contention being that
standards have to be revised as people
change their minds about what is and
is not obscene. OF this Judge Vinson
declared: The majority have evidently
concluded that the countrywide sense
of decency has altered in the past few
years to the extent that in the present
Gay only Rip Van Winkle could
regard the book in question as obscene
That 1 cannot believe"
May Lean to Right.
There is one other case which might
be mentioned, more for its illustration
Of the lengths to which judges can 20
IN differing than for the light it sheds
on Mr.. Wilson's views. The case in
volved jurisdictional dispute between
the Switchmen's Union and the
Brotherhood Of Railroad Trainmen.
Judge Vinson, speaking for Chief JUS
tlce Groner and himself, upheld the
view of the National Mediation Board.
1T is for Congress to determine policy"
he said. Our province is to keep the
board within the confines of that policy" !"
Justice Rutledge, then on the Court
OF Appeals. dissented. When the case
reached the Supreme Court that tribunal
reversed Justice Vinson, the. ma jority
holding that the courts were without
jurisdiction to hear the dispute. JUS
tlces Black and Rutledge, the latter
having moved up by that time. did not
participate. Justice Douglas, Joined by
Chief Justice Stone and Associates
Murphy and Frankfurter, wrote the
majority opinion. Justices Reed, Rob-
erts and jackson dissented, their view
being that the courts did have luris-
diction.
This setback at the hands of the
court over which he soon will preside
is not, OF course, typical of the con-
f1icting views which the new Chief JUS
tce will be expected to reconcile so
far as it is possible to reconcile them.
Neither is the pattern of thinking
revealed in Judge Wilson's Court of
Appeals decisions necessarily indica-
tive OF the way he will think when he
takes his place on the highest court.
lhe chances are, however, that the
new Chief Justice will not stray far
from his often-expressed view that
Congress must make the laws. Yet this
permits of considerable latitude in
interpreting the intent of Congress,
and it is to be expected that Judge
.Vlnson, with his extensive BACKGROUND
In politics, will resolve doubtful issues
In favor OF the political philosophy to
which he has subscribed as member
OF the Roosevelt and Truman admin
lstrations. Those who know him well
believe that he will seek the middle
course, with the deviation, if any, be-
ing to the right rather than the left.
Probably this is good guess. for ex-
perlence shows that, in most cases. ad-
Vancement to the Supreme Court. and
especially to the chief justiceship, tends
TO nave SOLDERING and restraining in
huence. 1t seems unlikely that a man
who followed the middle of the road
on an appellate court will swing over
to the left in the highest judicial
position in the land