Evening star., 1951-07-21
The Political Mil
Douglas Controversy
Raises Two Questions
One Is How Far Judges
Con Stoy From Politics
By Gould Lincoln

The controversy between President
Truman and Senator Douglas, Demo-
crat, OF Illinois. over appointments to
the Federal bench in that State raises
two questions. First how far are the
appointments to the bench divorced
from politics? How far can they be
divorced from politics?
Senator Douglas, whose choices for
two places on the bench in Illinois were
ignored by the President when he made
the appointments recently. has appealed
to the bar associations of Chicago and
OF Cook County to poll their members
on the relative fitness Of the men he
recommended and the men whom the
President has appointed. Mr.. Truman
has replied that bar associations do not
appoint judges, perfectly obvious
statement. However, many Senators be-
lieve that members of the bar are. as
group, better qualified to judge the quail
ihcationS of lawyers under considera-
ton for appointment to the bench than
any other group. Indeed, the Senate
Judiciary Committee has adopted the
practice OF requesting reports on judicial
appointees from the American Bar Asso-
citation before it acts upon their nomi-
nations by the President.
Intended as Slap at Senator.
President Truman's appointments to
the bench in Illinois. irrespective of the
merits OF his appointees, were political.
They were intended as slap at Senator
Douglas because Of the fact that Doug
las has run counter to the Presidents
desires In the matter Of appropriations
which Douglas has sought to cut: in
the matter OF Secretary of State Ache
son, whom Douglas has described as a
political liability; and in the matter of
the charges Of political favoritism, run
ming close to the White House. in the
making Of RFC loans, as brought out by
q Senate subcommittee Of which Doug
las was member Whether that is a
good way to make life appointments to
the Federal bench Is something the
public can pass upon.
Members of the Senate Judiciary
Committee take the position that the
opinion Of the bar associations can be
Of help to the Department of Justice
and to the President in making selec-
tions for the Federal bench, and should
be used. They admit freely that that
kind OF thing cramps the politicians.
They admit, too, that 1t might cramp
Senators who claim as q special pre-
rogatlve the right to make recommended
tlons for Federal judicial appointments
within their States. Nevertheless, they
believe that the bar associations can ba
Of real help.
In some Of the States, Michigan for
example, the value of bar association
opinion on candidates for State judicial
once has been recognized. When the
candidates have announced themselves
In Michigan, the bar association is polled
secretly on their fitness for the bench.
The results of the polls are made public
before the elections, and the public is
Tree to follow this advice or not In
New York, too. the advice of the bar
ASSOCIATION is sought on judicial candi-
dates-and it has been particularly ben
ef1cial in making selections and elections
to the higher courts.
~ Poll Is Eagerly Awaited.
The results of the poll now being taken
In the Chicago area by the bar associa-
tions are awaited with interest by Sena-
tors. who. in the end, will have to con-
nrm or turn down President Truman's
appointees. Senator Douglas has said
ne will be guided to a considerable ex-
~~--S ~ VIC POAISs IL Cklcy go MS WaV
ne Will feel bolstered in making a fight
against confirmation by the Senate of
the Truman appointees. And il Senator
douglas decides to fight, he will have
very considerable support. Indeed. it is
doubtful the Senate will confirm them
Should they be turned down. 1t still
seems unlikely that the President. in his
frame OF mind, would turn to the selec-
tons OF Senator Douglas. While Douglas
may be able to defeat the Presidents
appointees. he still cannot compel the
PRESIDENT to take his recommendations
judicial appointments have too often
neen made for political considerations
Lame duck" Senators and Representa-
tlves have been placed on the bench
because they have been of service to
the administration in power. Other
appointments have been made purely
because OF political attitudes, or party
regularity. without regard to the fitness
OF the appointees for the bench.