Evening star., 1946-04-24
Justice Jackson Held
Logical Court Choice
Has Inside Track With Truman.
Commentator Believes
BY David Laurence

BY David Laurence
Associate Justice Robert H. jackson
would seem to be the logical choice Of
President Truman for the post Of Chief
Justice Of the United States-which, by
the way, is the official title as used in
the Constitution.
Justice Jackson came to the court via
the New Deal and the Justice Depart
ment, but Of all the appointees Of the
last decade he seems to have succeeded
far better than any others in subordi-
mating his political or economic pred
Elections to the interests Of even
handed justice.
The opinions of Justice jackson show
sincerity and candor which has been
refreshing. What is needed In the post
OF presiding Judge OF the Supreme Court
OF the United States is q man whose
breadth Of Judgment and sense of fair
ness can keep the business of the court
moving smoothly from week to week.
Mr.. Jackson is known as Liberal
Democrat" All the eight justices now
on the bench, with the exception of
former Senator Burton of Ohio, are
Democrats Justices Black and Murphy
came out of the political world, while
Justices Rutledge, Douglas and Frank
furter were primarily professors from
law schools.
Know Corporation Law.
Only Justice Reed and Justice Jack
son have really practiced law In large
way and thus are familiar with corpo-
ration litigation from first-hand expert
ence over many years. Some observers
think the Supreme Court spends most
OF its time dealing with constitutional
questions. Actually most of the deci-
sions are concerned with the various
controversies over property rights that
grow out of Interpretation OF statutes,
both Federal and State.
With due respect for the knowledge
Of law which the other justices have
obtained through legislative or law
school channels, it is nevertheless fact
that the only two men on the bench
who have been successful practicing
lawyers are Messrs. Reed and Jackson.
sided over by some one with an ex-
perience in arguing before Federal and
State courts. Whether President Tru-
man selects Justice jackson or Justice
Reed, he will have at least picked man
who has had what the trained lawyers
OF the country call professional ex-
perience. The late Chief Justice Stone
and the retired Chief Justice Hughes
and his predecessor, William Howard
Taft, were active practitioners of the
law before going on the bench.
The reason why 1t is believed Justice
Jackson has the inside track Is that
he was asked by President Truman to
preside over the Nuremberg trials of
war criminals. This assignment has
been of the utmost Importance inter-
nationally, and it is evident that Mr..
Truman reposes the highest confidence
in Justice Jackson.
Justice Jackson Missed by Court.
1t would also bring Justice Jackson
back to the court, where he has been
missed. There has been some criticism
OF the President for asking Mr.. Jack
son to be away from his court duties
so long
II one of the present members Of the
court is appointed to be Chief Justice.
1t will mean an extra appointment to
I'LL vacancy caused by the promo
ton. Secretary Schwellenbach OF the
Labor Department, formerly United
States Senator from Washington, has
been mentioned. but Justice Douglas
claims the Pacific Coast as his resi-
dence, SO it seems unlikely that two
men from the Far West would be put
on the high court.
Maybe the President will pick q Re-
publican because majority of eight
to one from the Democratic party in an
institution where the membership Is
for life seems a bit one-sided Other
Presidents have been conscientious
about preserving balance whenever
possible between the two major parties
II a Republican is chosen, it seems
only fair to appoint Judge John J.
Parker OF North Carolina, who was
nominated for the post by President
Hoover and defeated in the Senate bv
labor influence. No greater injustice
was ever done public figure. for Judge
Parker is liberal and his opinions on
the Circuit Court of Appeals, where he
now sits, have made even the labor
leaders confess that they made a mis-
take in opposing him.
Judge Parker not only is great
judge, but the Senate owes 1t to him to
Vlndicate the mistakes of q past era.
He is a man whose appointment would
be welcomed by liberals and conserya-
tives alike-for he Is essentially fair.
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