Evening star., 1946-10-06
High Court Watched
For Discordunt Note
Vinson Seen in Conciliator Role
Az Term Opens

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Vinson Seen in Conciliator Role
Az Term Opens
By Joseph A. For
The term beginning tomorrow finds
the Supreme Court drawing more at
tention than at any time since the '30s,
when the "old" court was embroiled
with Franklin D. Roosevelt.
The revival of interest is due to the
courts highly -publicized internal trou-
bles, which were climaxed this past
summer when the jackson Black feud
fiared into the open. AS the result Of
this incident, which bore out grape
vine" reports Of long -smouldering ami
mosities woven through the fabric OF
the court, the public will be observing
closely its operations in the next eight
months, watching for signs either OF
an improvement in conditions, or the
Observation-Disclosures of the wrang-
ling which has damaged the prestige
and, no doubt, slowed the work of the
tribunal.
Sitting for the first time tomorrow
will be the new Chief Justice, Fred M.
Vinson, who was lifted from the Cabinet
by President Truman to succeed the
late Harlan Fiske Stone, in move that
was interpreted generally as having
been dictated by the hope that more
harmony would be promoted by an OUT
side choice than If the Chief Justice
ship had gone to one Of the members
Of the court. Only time can tell how
Chief Justice Vinson will fare as q
conciliator.
His presence, obviously, is not ex-
pected to affect the judicial thinking
Of his colleagues. 1t might, however,
have bearing on such situations as
those where the disagreement reflected
in opinions seems to the lay observer
to stem more from conflicting person.
alities than from essentially different
legal philosophy.
X + * 4
In the Chief Justices favor will be
long and friendly association with
the rest of the court in his years here
as member of Congress, of the Court
of Appeals, and finally, as top figure
in the Roosevelt and Truman admins
trations, where he ended service as Sec
retary of the Treasury. The jurist is
accustomed to getting along" with
people-but there also is a streak
of stubborness in his makeup that
may prove no mean asset If the
going gets rough. For months before
Chief Justice Stone died, there were
recurrent reports that he was ready
to resign through sheer weariness with
court pickering. The new Chief Justice
is not likely to take a walk" no matter
what happens.
The court starts off with a generally
unimpressive docket including 81 cases
that are set for reargument. This back
log is traceable to the fact that there
were never more than eight justices
sitting last year because of the absence
in Germany of Justice Jackson, who
prosecuted the Nazi war criminals. The
number was cut to seven by Chief
Justice Stones death in the spring.
In drafting Justice jackson for the
war crimes trials, President Truman
followed the precedent established by
President Roosevelt of taking men from
the bench for other tasks, and while
the step may have been justified, there
Is no denying that 1t worked against
the court The volume of litigation
disposed Of declined below the level of
the previous year, and fourteen of the
twenty -pne cases were forced back on
: the calendar because the court was
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condition the presence OF the ninth
man would have averted.
+ These deadlocks automatically affirm
the ruling of the lower court. but it is
customary for the Supreme Court to
grant rehearing under such circum-
stances.
One of the cases to be reargued in
wolves the. all-important question Of
union liability under the antitrust laws
when prices are fixed through collusion
with employers. 1t has been hanging
fire for more than two years.
The constitutionality Of the Hatch Act
is at issue in another case that will be
argued for the second time. The delay
in this instance, however. will afford the
court an opportunity to broaden the
scope of the hearing. The first case
was filed by the United Federal Work
ers, who disputed the right of the Gov
ernment to bar Federal employees from
taking part in politics. The newer case
was instituted by Oklahoma. which is
challenging the political ban on State
employees whose work is financed in any
degree by Federal funds. 1t will now
be possible for the court to hear both
issues together If it so desires.
The new cases that will confront the
court include the Governments suit
against California to establish owner
ship OF valuable oil-bearing tidelands-
an issue that Congress sought to settle
in legislation that was vetoed by Presi-
dent Truman.
A challenge to the Georgia unit vot-
ing system also is before the court in a
petition for hearing that probably will
be acted on early in the term
For the most part, however, the
docket is strictly run-of-the- mine, but
additions may change that picture be-
fore the year is out.
Along with the interest attaching to
Chief Justice Wilson's peacemaking role
Is the natural speculation as to his
position on the court. He succeeds a
jurist noted for the liberality of his
views. Those familiar with the Chief
Justices work on the Court of Appeals