Evening star., 1947-12-25
Wiley Urges District Lawyer
For Next Court of Appeals Seat


that it will, in particular, appoint
to any of these District OF Columbia
jurists, that is. men and women OF
long experience and service to this
city of million inhabitants.
The people OF the District have
right to have men from their own
community insofar as possible ap-
pointed to these eminent positions
particularly in courts of local juris-
diction. Too often in the past. the
District Of Columbia, because 1t
lacks the political ballot, has been
disregarded. ignored and practically
insulted.by the appointment of out
siders to District of Columbia
judicial posts.
The District has always been
treated as a sort of occupied zone,
that is, occupied by some foreign
power which brings in its own ap-
pointees and ignores local wishes
There is considerable reservoir OF
exceptional legal talent available in
the District, and I trust that this
reservoir will be utilized in con-
nection with future appointments.
II understand that, with but one
exception, all incumbent judges on
the Federal Court of Appeals here
are members of the minority party
1t is my fervent hope that, in the
event that any vacancy appears or
the Federal Court of Appeals, this
Iintolerable unbalance will be cor
rected."
While District lawyers realize
political affiliation has nothing to
do with judicial competence, they
noted that the political complexion
of the Court of Appeals bench now
is overweighted in favor of Demo-
Gratis.
Democrats Admit Need.
Even Democrats in the District
Bar Association concede that a
Republican should be appointed to
that bench if and when Chief JUS
tice Groner retires.
District lawyers also hope a
Washington man will be appointed
The only Washingtonian now on
that bench Is Justice E. Barrett
Prettyman.
Attorneys here are frank in say
ing they don't want the appellate
court to consist only of District
men for, in a sense, it is a nationa
court Appeals from the Tax Court
the Federal Trade Commission the
Federal Communications Commits
sion and other agencies of the Ma
tional Government are taken te
that tribunal.
But Washington lawyers also say
they feel strongly that they shoule
have a large representation on "oul
own Court of Appeals" Until there
is definite vacancy, there is moth.
ing for the Bar Association to do
1t would be presumptuous the at
torneys point out, to take any actor
prior to that. Then, the routine
would be followed, as is being done
in the Municipal Court vacancy
now. Association members are being
polled on possible candidates for the
Municipal Court post Recommen-
dations will be laid before Attorney
General Clark.
On November 10, the Philadelphia
Inquirer published front-page story
that Chief Justice Groner will re-
sign soon because of ILL health. u
The story said Judge William H.
Kirkpatrick of the United States
District Court for Eastern Pennsyl-
vania may be appointed to succeed
him. Judge kirkpatrick is former
Republican Representative from the
Easton pa district.
The story declared Chief Justice
Groner, who has been in poor
health for several years. is expected
to tender hts request for retirement
within the next few weeks"
After Chief Justice Groner's s
resignation, 1t is expected that
Judge Kirkpatrick would be named
an associate justice and that one
Of the present members of the Court
of Appeals for the District Of Co.
lumbia would be promoted by Presi.
dent Truman to be chief justice,
the story said.
while the arrangements for
Judge Kirkpatrick's elevation have
not been completed, it was believed
likely that President Truman will
make no judicial appointments until
after the year-end holidays, when
Congress reconvenes in regular ses-
sion.''
Representative Walter, Democrat
of Pennsylvania, was represented In
the story as boosting Judge Kirk
patrick for the anticipated vacancy
mere. Representative Walter Is out
of Washington for the holidays.