Evening star., 1949-07-29
Traditions Ignored
By Truman in Choice
OF Clark as Justice
Failed to Recognize Court
Has Only One Republican;
Did Not Pick Catholic
Bv David La,crence

DID NOT RICK SotnoiiC
Bp David Laurence
President Truman decided to ig-
more two traditions or precedents
when he announced the appoint
ment of Attorney General Tom
Clark to be associate justice OF the
Supreme Court of the United
States.
First, Mr.. Truman failed to re-
cognize that the Republicans have
only one man on the Supreme
Court while the Democrats have
eight.
Second. Mr.. Truman put aside
questions of religious affiliation
and did not select a Catholic to
succeed the late Justice Murphy.
Wanted Clark in Post.
As Mr.. Truman intimated at his
press conference, there is no
moral or political compulsion re-
quiring that Supreme Court just
ices be selected out Of any par
ticular religious faith. For reasons
best known to the President, he
wanted Tom Clark to have the
post. On the day after Justice
Murphy died, this correspondent
wrote:
"The chances are that the Pres
ident will not act precipitately
If Attorney General Tom Clark
wants the appointment, he proba-
bly, can have it, even though he
doesn't fit. the aforementioned
requirements on religion or region.
But he would make a good judge
and it has been customary for re-
cent Presidents to name their
attorneys general when there is
q vacancy on the court. James
c. McReynolds. Harlan Fiske
Stone, Frank Murphy. Robert H.
Jackson all served as Attorney
General before being appointed to
the Supreme Court"
The fact that Mr.. Truman
followed this trend gives sub
stance to the prediction that the
next vacancy will 60 to J. Howard
McGrath If he accepts the offer
to become Attorney General. He
happens to be a Catholic. which is
assurance in a way that If Mr..
Truman has another appointment
to make, this will take care of that
particular problem.
The question of religious affilia-
ton in this connection is usually
discussed as a political necessity.
But when. In 1910, President
Taft, a Republican. appointed
Justice White. a Democrat from
Louisiana and Catholic, this
was the first time any one of that
faith had been named as chief
justice since the days of President
Jackson. who appointed Chief
Justice Taney in 1886.
Middle of Road Thinker.
The departure Of one justice
and the replacement by another
always introduces q good deal of
speculation as to the effect that
the views Of a new appointee
might have on future decisions.
Mr.. Clark will be disqualified from
sitting on some Of the cases he in
itiated while Attorney General
but on the bulk Of the litigation
he will be eligible to write opinions.
While Tom Clark is modest
and unostentatious individual
who doesn't make many speeches.
his expressions. OF opinion tend
rather to place him as middle
-the-road- thinker. He Is by no
stretch Of the Imagination q rad
ical, but he has positive ideas on
the need for enforcement of the
antitrust laws. Even in this,
however. he has revealed a ten
dency to put common sense into
the matter, OF prosecuting cases
under criminal provisions Of the
law. He has made 1t clear that
civil actions are far more con-
structive.
1t would be fair to assume that
Tom Clark will find himself along
side Chief Justice Vinson and that
he will tend to promote harmony
rather than discord in the Su-
preme Court. Tom Clark Is not
mercurial or temperamental but a
serious-minded public servant
with a considerable amount of
candor and forthrightness. While
he could hardly be called a New
Dealer, he Is not at all Indifferent
to the lack of social responsibility
exhibited by various businessmen.
Tom Clark will not prove an
anti-labor or a pro-union expon-
ent or advocate but will tackle
his job with a serious purpose and
will endeavor to render conscien-
tious service. If the appointment
had to go to a Democrat from the
Presidents official family or po-
litical group, Tom Clark repre-
sents a logical choice.
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