Evening star., 1950-11-26
Sees the Supreme Court
In Political TungIe
Writer Says Douglas Should
Be Allowed to Resign
By Fronk r. Kent

By Fronk R. Kent
Once the theory held that the Supreme
Court Of the United States was the top
Of all our American governmental in
"itutions, the highest 1t was possible
to get
That used to be the theory, but it is
not so now. 1t has not been possible
really to revere the Supreme Court
since the late Mr.. Roosevelt began in
1887 to pack 1t with highly partisan
politicians and followed this exceedingly
reprehensible practice by dor personal
and political reasons of his own de-
taching justices from the bench for non
judicial service abroad. He was firmly
told by the late Chief Justice Harlan
Fiske Stone that this was serious
handicap to the court in it's work; that
in addition it was derogatory TO its
dignity and clashed with its traditions.
Notwithstanding this rebuke, Mr..
Roosevelt not only pursued the practice
OF detaching justice at will, but further
loaded the court with New Deal poll
ticians with whom he frequently con-
ferred on matters far removed from the
courts recognized field. So far as ap-
pointments are concerned, Mr.. Truman
has followed the Roosevelt line, his most
recent being that of Sherman Minton,
an Indiana politician of extremely
pronounced partisanship. Also Mr..
Truman has evinced the same dispo-
sition to detach so enthusiastically
cherished by his predecessor. For
example, it will be recalled that last
year he had the slightly silly idea of
detaching Chief Justice Vinson and
sending him to Russia to see Stain.
A great deal of publicity was given
this project, but not many informed
persons took 1t seriously. However, the
fact that 1t was conceived and con-
sidered by the President is probably the
reason why there has been 80 much
recent newspaper and radio speculation
concerning an alleged plan to shift Mr..
Vlnson from Chief Justice to Secretary
OF State, thereby making 1t possible to
transfer Dean Acheson from Secretary
OF State to the Supreme Court. There
are several sound reasons for disbeliev-
ing these reports One is that unless he
becomes mentally unbalanced Mr..
V1nson could not be induced by Mr..
Truman or any one else to give up the
chief justiceship.
second reason Is that Mr.. Acheson
has no notion Of quitting and Mr.. Tru-
man has no desire to have him 60, and
the third reason is that the suggested
transfer hardly would reflect credit upon
any Of those concerned. However, the
wide publicity this baseless proposal has
received is an indication of the level to
which the court has been lowered since
1887. In the past decade there has been
more political gossip of one sort or
another about its members than in the
whole preceding half century.
Chiefly this has centered about one
man. Justice William o. Douglas. In
every campaign since he went on the
bench In 1889 there has been a more or
less organized Douglas ballyhoo for
either the vice presidential or presi-
dental nomination.
Some Of Mr.. Douglass colleagues have
privately made no secret Of their feeling
that the Douglas political publicity has
been degrading to q court whose mem-
bers are supposed to be wholly free from
politics. But this has not deferred his
liberal journalistic friends from q con-
tinual beating Of the drums for their
hero. Recently, the line taken is that
Mr.. Douglas. bored by the bench and
displeased with some Of his colleagues,
wants to resign in order to make money
in private practice and be free for greater
political activity. A few days ago one Of
the Justices most blatant boosters pub
licly asserted that he had made this wish
known to both Chief Justice Vinson and
President Truman and that they had
succeeded in changing his mind with
the plea that the country and the court
need him where he is. A good many
people-some of them on the court
earnestly hope that If ever Mr. Douglas
really does suggest to either the Presi-
dent or the Chief Justice a desire to
leave the bench, they will make no effort
to restrain him.