The Waterbury Democrat., 1946-05-01
By DresO Pearson

too hIRh) didn't seem to realize that Harry broke a precedent of IA years standing when ne apponteo senator Harold Burton Republican, to the Supreme Court From 1901 to 1o45 no other Democfatlc Ffes- ident had ever appointed Republican before
 However, the boys on Capitol Hill SO succeSsInLy buffaaoed Harry that when he originally selected Republican Bob Patterson. then Under-secretary Of war for the Supreme Court Republican leaders pro- tested that Bob was not pure enough EepuDacan. o velt they considered his Rapublicanism slightly tainted And they raised so much Cain that Harry, apparently not familiar with historical precedents let them get away with it.
 have let the swing of election returns control judicial appointments and have made no attempt to balance the Court by crossing party lines Most Presidents have gone out of their way to select justices who not only were of the same party, but would be in tune with their own philosopy Thus Theodore Roosevelt WAS careful to ascertain that Oliver Wendell Holmes was sympathetic with my policies before he made his greatest appointment.
 On occasion, Supreme Court justices have even been selected for the express purpose or crDng n- coming opposition parties For instance, John Marsh all was appointed chief justice by an outgome req eralist John Adams, in order to euro the incoming Democrats under Thomas Jefferson Unquestionaby, also the hangover COP. majority on the Supreme Court in the early Roosevelt aays went ou' q i'S way to curb New Deal legislation.
 Republican Presidents, for the most part, nave followed the same rule-though there have been ex- captions Up until S0l only one msI 1res sp ident He was Samuel Nelson, nominated py FTeSi- dent Tyler a nominal Whig, iii 1845, just before Polk a Democrat was to enter the White House. Tyler had nominated several others to the Court all of them rejected by Democratic maJoIty m one Senate so finally he yielded and named Democrat
 Since 1884, Republican Presidents nave crossed the party line six times usually because o1 specli circumstances; but never have Denocranc FTeSl- dents Tn 1863, Abraham Lincoln wanting 10 VIII over Northern Democrats and create new Nortnern party appointed Stephen J. Field of CaldOrnla
 Thirty years later, Benjamin Harrison LOOK the unusual step of appointing Howell Jackson or Ten nessee This was due to the fact that Harrison nao been defeated by Grover Cleveland for re-eiection and a Republican justice could not possibly nave been confirmed
 In 1909 and 1910 President Taft appointed two Democrats one of them Horace Lurton, an 1ntamate friend who had served with him on the 9th Crcut Court of Appeals in Ohio. Tafts other appointment was Joseph R. Lamar Conservative Georgia Dem ocrat. is#E4#
 A similar gesture toward the Democrats was made by President Harding, who, during ms Driel period in the White House. appointed four supreme Court justices One of them was a Democrat, Fierce Butler of Minnesota extreme conservatiye reafeo finder the influence of the U. S. Steel CoTporaglon He voted with the Republicans far more tflan the Democrats.
 Finally Herbert Hoover appointed Democrat Beniarnin Cardozo, to the Court following the m- sistence of Senator Borah Hoover had aireaoy eX- perenced Senate defeat in the confirmation of John | Parker of North Carolina, and when the next va cancy occurred he reluctantly yielded to Bogah re- garding Cardozo.