Evening star. [volume] (Washington, D.C.) 1854-1972, 1951-07-28
Long Fight Expected
On Judgeship Choices
Opposed by Douglas
By Gould Lincoln

Senator Douglas, Illinois Fair
Deal Democrat, has issued a
challenge to President Truman,
and it looks like war to the hilt.
Senator Douglas issued a state
ment late yesterday, declaring
that the Presidents appointment
of two Federal judges for the
Northern Illinois District is per
Sonally obnoxious" to him.
The appointments are now be-
fore the Senate Judiciary Com
mittee. According to Senator
McCarran of Nevada, they will.
take their usual course, with
hearings, if requested, before the
committee acts. .
Senator Douglas declaration,
however, may prove a heavy bar
rier. 1t would not be surprising
II the nominations fingered long
time in committee, or even re-
main there indefinitely.
Recommendations Ignored.
Senator Douglas had recon-
mended William H. King, jr., and
Judge Benjamin P. Epstein for
the two vacancies on the Federal
bench. These names were COM
pletely ignored by President Tru-
man, who never consulted Sem
ator Douglas. ss-.a.
Without notifying the Senator !
the President appointed Judge
Cornelius J. Harrington and
Judge Joseph J. Drucker of the
Chicago Municipal Court. Judge
Drucker is nephew of Repre-
sentative SABBATH of Illinois, !
Democrat, and dean of the House,
and always strong supporter of
the President.
The Presidents action was i'm
mediately interpreted as a reprisal
against Senator Douglas, because
of his stand in favor of slashing
the presidential budget; because
of his declaration that Secretary
of State Acheson is a liability, and
because Of his suggestion that
Gen. Eisenhower would We good
candidate for the Democrats next
year. if Mr.. Truman did not run
again.
Also, Senator Douglas was (.
member of the Fulbright Commit
tee, which caused he administra-
ton so much embarrassment by
Its investigation of RFC loans.
In his statement, Senator Doug
las said he feels the method fol-
lowed by the President in making
the judicial appointments could
not and did not give us the best |
men for these important posi-
tons" He added that, while the
Constitution gives the President /
the power to nominate Federal
judges, it also declares the ap-
pointments should be made with |
the advice and consent of the
Senate"
1T will be noted said Senator
Douglas, that both the advice
and consent Of the Senate are re- !
qlired. This provision was in
tended to be real and not nominal,
since there were many in the
Constitutional Convention of 1887
who believed the Legislature !.
should choose the judges"
Senator Douglas pointed out
that. under this provision and
understanding, there has grown
up long established practice by
the Senate of withholding con-
f1rmation of judges found I'M
satisfactory and Objectionable by
Senators from a given State who
belong to the same political party
as the President.
Merit Behind Practice.
He said there is solid merit be-
hind this practice. A Senator, he
pointed out, will know the abilities
and characters of judges and
lawyers in his own State better
than the President.
Il was deeply grieved when the
President sent up the names of
his two nominees" said Senator
Douglas. He said he considered
them far less qualified for the
bench than Mr.. King and Judge
Epstein. !
II was at first inclined to stand
Immediately on my senatorial pre-
negative and request they be not
confirmed" he continued. Con-
ceding there was a chance he
might be mistaken, Senator Doug
las said he called upon the Chi
cago Bar Association to poll its
members on the qualifications of
the four men.
Points to Chicago Bar Poll.
He pointed out that, in the
Chicago Bar poll, Judge Drucker
received only $50 votes to 1856
for Judge Epstein, and Judge