Evening star., 1946-06-17
Criticism of Jackson
Is Held Uniustified
Columnist Believes Justice Took
Only Proper Stand
Bv David Laurence

By David Laurence
A strange wave of criticism has fol-
lowed in the wake of Justice Robert
Jacksons published comments on the
inside workings of the Supreme Court
of the United States.
Instead of expressions of gratitude
that Justice Jackson had the courage
to expose the irregular situation, it
actually is being suggested in some
quarters that he should resign, along
with the justice he criticized This
would not dispose of the basic problem
at all and would not be fair to the man
who uncovered a scandal.
What then did Justice jackson re-
veal? Could the facts have been dis
closed to the public any other way?
Should any considerations of precedent
be allowed to befog the real issue
which, by the way, is not at all related
to the presence of two former law part
ners in case, one as attorney and the
other as justice?
Disclosure Important.
Far more important is the disclosure
that some one on the court-it Is not
stated who the justice was-proposed
that decision of the Supreme Court of
the United States be handed down to
influence the course of pending labor
controversy.
Congress may be reluctant to inves-
tigate coordinate branch of the Gov
eminent, but plainly it is of the utmost
Importance to find out whether the Su-
preme Court functions as an independ-
ent institution or as an arm of the CIO
or the miners union or some other
labor organization which stood to bene-
Mt by departure from the accustomed
method of handling cases by the court.
All that is known of the incident comes
from Justice jackson, who says:
"On the court Mr.. Justice Black con-
trolled assignment of the case because
the Chief Justice was in dissent. Mr..
Justice Black chose Mr.. Justice Murphy
to write the majority opinion. While
Mr.. Justice Murphy was preparing his
opinion, strike of the mine workers
and negotiations with the operators were
proceeding. 1t was proposed to hand
down the decision in favor of the miners
without waiting for the opinion and
dissent. The only apparent reason be-
hnd this proposal was to announce the
decision In time to influence the con-
tract negotiations during the coal strike
Chlef Justice Stone protested such pro-
posed irregular treatment vigorously.
Proposal Abandoned.
I do not believe Mr.. Justice Murphv
favored it. In all events it was aban
doned. But the conduct of the case
following the Tennessee case. created
uneaslness in my mind"
This Is an amazing revelation. JUS
tlce jackson felt it his duty to tell the
American people about it, for unless
some member of the court spoke out
there would be no way of knowing
authorltatively what really happened.
Inc episode is most unusual and
stated as Justice jackson describes it.
the news is shocking. Why, therefore
should Justice Jackson now be punished
Tor telling what went on? He may have
made mistake from some viewpoints
IN talking about the scandal at all but
1t is not in his nature to remain silent
IN the face OF irregularity of any kind.
Public Entitled to Know.
The public is entitled to know all
sioes OF the controversy. Who proposed
tnat matter of such grave importance
De announced without opinion or dis
sent and what were the reasons for
haste? There is nothing personal in an
lnslstence by Congress on the facts. It
Is the public business as well as conf
dence in the court which are at stake.
II the Supreme Court has become
Just another political body which looks
upon Its opinions as a means of in
Huenclng labor union activities and not
as a tribunal that merely passes on the
law ana the cases before it, irrespective
OF who is hurt or helped by the deci-
slons, then the sooner the whole court
is subjected to discipline by the country
the better.
Many people think the justices can
not be removed except by impeachment,
The fact is constitutional amendment
II adopted in the regular way, can create
new court with fixed retirement age
ana certain other specifications and all
the justices can be removed by a pro-
Vlso IN the amendment if the country
wants to adopt such an extreme meas
ure. 1t would take tWo-thirds vote of
BOTH houses and ratification by three
fourths of the States to accomplish such
result
Reproduction Rights Reserved