Evening star., 1948-12-13
Extra Executive Jobs
For Supreme Court
Jurists Opposed
Honest Government Seen
Served by stond Token by
Former Justice Roberts
Bv Darid Laurence

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.sociate Justice Of the Supreme
Court, has rendered the cause OF
honest government q significant
service by speaking out frankly in
favor Of the proposal to keep the
executive and judicial branches OF
the Government from intermingfing
their duties and functions.
Nothing contributes more to a
loss Of confidence in the integrity
of the judiciary than for judges to
mix In the tasks of the executive.
For these are likely to be and often
are political in their motivation.
Strangely enough the Constitu-
ton, which specifically forbids Sem
ators and Representatives from
holding any Office In the executive
branch of the Government and sim.
ilarly forbids any official of the
executive branch from being mem
Der Of Congress, has nothing to say
about the right of judges to serve
as officers of the executive branch
Of the Government.
It would appear that the founding
fathers assumed that tact, If not
the implications Of what they wrote
about the separation of executive
and legislative offices, would keep.
Presidents from pressing judges into
service or keep judges from accept
ing assignments from a President.
Mr.. Roberts confesses frankly
that he made a mistake himself in
accepting the Craftsmanship of the
commission appointed by the Pres
ident seven years ago to investigate
the Japanese attack on Pearl Har-
Dor. He also says he regrets having
taken a place on the German
Mixed Claims Commission.
Doesn't Mention Vinson.
He made no reference to the
recent proposal Of President Tru-
man to send Chief Justice vinson
to Moscow as temporary ambas-
sador, theoretically at least under
the orders Of the Chief Executive
or his Secretary Of State. It will
be recalled that Justice jackson
served as prosecutor in the Allied
tribunals which tried Nazi Grim
,1naH accused Of starting the war
or Of inhumanity in its conduct.
Now he is disqualified from acting
on any appeals that may be filed
with the Supreme Court by such
accused persons.
The question has also produced
discussion in another form because
Justice Douglas recently made a
speech before the CIO at its ma
.tional convention which brought a
wave Of speculation as to the pos
sibtlity that he may be cherishing
political ambitions as a presiden-
tial candidate In 1852.
- Mr.. Roberts would have the coun-
try adopt a constitutional amend
ment specifically forbidding any
member Of the Supreme Court
from being eligible at any time to
become President or Vice President.
The tendency to go to the
Supreme Court for high-grade
talent in specific situations Of a
more or less emergency character
did not begin in recent years
Presidents for decades past have
often pressed into service. justices
from the highest court OF tthe land
to serve on international tribunals.
Inasmuch as the questions for
decision usually were international
rather than domestic, public opin-
ion did not frown on the idea
indeed the appointment of such
jurists was regarded as q means of
assuring a truly impartial decision.
This was before the days of the
World Court. Today the need in
that direction is not 80 pronounced
and, besides, eminent jurists can
be found to handle international
disputes without going to, the
Supreme Court to draft members
for international commissions.
- More Judges Sought.
Mr.. Roberts in addressing a spe-
cial committee of the New York
City Bar Association, which Is spon-
soring- some proposals on the sub
ject, said:
"The President in the last war
took Federal judges and put them
In all sorts Of administrative jobs.
the nature Of which would make
enemies and create hard feelings.
That puts judges judicial posi-
ton In the future in all sorts of
jeopardy. II the Federal judges
have time to do that, then there
are too many judges. ''' believe
that was a desperately bad thing
for the courts"
Il 50 happens that recommended
tons to increase the number of
district and court of appeals judges
are coming to Congress soon be-
cause Of the congestion of the work
Of the courts and 1t would not be
surprising If Congress legislated at
the same time to bar all judges
from serving either the executive
or legislative branches of the
Government.
No judge certainly ought to feel
at any time so beholden either to
the President who appointed him
or to any other President as to