Evening star., 1948-12-04
Douglas Boom Called
Upsetting 10 Dignity
OF Supreme Court
Many LegoI Men Believe
Steps Are Needed to
Compel Retirement
BAFrank r. Kent

SoItPet NStttSUuS"t
BAFrank r. Kent.
Since Justice Douglas speech be-
fore the CIO convention in Port
land his ardent admirers have been
At pains to explain that it was the
Opening gun" in his campaign for
the 1852 Democratic presidential
nomination. Though that seems a
long way 6af. they are in a high
state of, Etement over his pros
poets.
Besides work by the justice
himself, activity In his behalf is
notable among the C1O bosses
and members of the so-called
Americans for Democratic Action,
many of whom are eX-jobholders
Of the Roosevelt regime and
relatives of the late President. Ap-
parently, it is their purpose to build
Mr.. Douglas up politically during
the next three years to the point
where he will be the most formi-
dable competitor for the prize. And
In this effort, quite clearly, they
are going to have earnest encour-
agement from Mr.. Douglas, whose
aviAity for personal political pub
licity has been repeatedly demon
strate&,and whose White House as
pirati0ns are thinly disguised.
The vigor Nth which this enter
prise is being promoted and the
openness with which Mr.. Douglas
is cooperating inevitably raise the
question of his remaining Oh the
Supreme Court. Concerning this
there is a strong body of opinion
which holds that if Justice Douglas
does not voluntarily retire, some
measures should be found to COM
pei his retirement.
View Of Lawyers.
Among those who feel that way,
besides many lawyers, it Is under
stood, are q considerable number
of judges, including some OF MIR.
Douglas colleagues on the Supreme
Bench. Their view Is that the Su-
preme Court is no place from which
to conduct q political campaign.
It seems difficult to dissent from
this, and the only persons who do
are active proponents Of the Doug
las candidacy.
Their reasons are as obvious as
they are political. Let the dignity
and prestige of q justice of the
Supreme Court be removed from
their hero and instantly he shrinks
in size and availability. Instantly,
the difficulties of their enterprise
are increased. From the angle of the
Douglas promoters 1t Is essential
that he remain on the court while
they do the promoting. All they
need from him is the close personal
contact which they always have had
and an occasional speech such as
that before the CIO convention,
none of which will interfere with a
lofty attitude of non-political de-
tachment on his part-though ex-
tremely stimulating to his promot-
ing friends.
But this program is exactly the
most resented by those who want
to revere the Supreme Court and
believe it important to the Nation
to uphold its standards and tradi-
tions. These contend that such
program violates the courts ira
ditional aloofness from politics,
lowers its prestige and tends to
diminish the public confidence in
its disintereStedneSS and imparti-
ality.
Called Improperly.
They regard Mr.. Douglas appear
ance before the CIO gathering as
rather shocking improperly, point
ing out that the C1O is one of the
most controversial organizations in
the country and that, of course, it is
in politics up to its neck. Its leaders
we're ardently for Justice Douglas
first for the presidential and then
for the vice presidential nomination
at the last Democratic convention.
He Is, indeed, their favorite
Besides active participation in
every political campaign and with
recognized plans for dominating
the Democratic Party in 1852, the
CIO is militantly interested in
various labor and other issues
which come before the Supreme
Court. Indeed, the enthusiasm with
which he is regarded politically by
the CIO leaders, and his cordial
personal relations with Mr.. Muir
ray and Mr.. Reuther, would seem
to make 1t embarrassing, If not
improper, for Justice Douglas to sit
on the court during cases in which
they are interested. Actually Justice
Douglas Portland address marks
4 precedent. 1t Is the first time
member of the court ever spoke
before a body so clearly political
and controversial. Also, the first
time the speech of a Supreme
Court justice has been followed by
the character of political discussion
that has followed that speech. =.
Considering these things, it is
not surprising that an undercurrent
of resentment over the Douglas
boom should have developed. No
one who has talked with many
lawyers or come into contact with
q few judges can doubt that this
feeling exists. 1t has been pointed
out that the Douglas promoters are
basing their campaign on two as
sumptions which may not be
wholly true-D That Mr.. Tru-
man will have no desire for a re-
Observation-Disclosures it is true
he has rather indicated that; (2)
that he will bear no ill will toward
Mr.. Douglas because the latter re-
fused to take a chance as Mr.. Tru-
mans running mate last July when
the President asked him to run
At any rate, it will be interesting
10 see whether this boom grows or
shrivels as time goes by. Certainly