Evening star., 1954-10-10


yored "remaking" the court. and
insisted that the appointment Of
additional justices as proposed
by President Roosevelt did not
constitute D change by force. !"
He described the plan simply as
means Of rejecting the viii Of
the people.
While President Truman was
considering q successor to Chief
Justice Stone, q columnist res-
urrected q year-old story about
reports Of discord between Jus
tees, Black and jackson. This
so-called "feud" was stirred by
Justice Jackson's criticism Of his
colleagues participation in q
case in which q former law part
ner was q member Of counsel.
In a statement from Nurem-
berg that followed the nomina-
ton Of Mr.. Vinson to be Chief
Justice, Mr.. jackson indicated
his feeling that he had been the
victim Of a "job."
MANY have assumed, and the
impression has been cultivated,
he said, shat he (Vinson) faces
a mere personal vendetta among
justices which can be smoothed
by a tactful presiding officer.
This is utterly false. The con-
troversy goes to the reputation
Of the court for non partisan and
unbiased decision"
President Truman later gave
Justice jackson the Medal for
Merit because Of extraordinary
conduct" Of the trials which re-
suited in the execution Of ten
Nazi leaders and the suicide of
an eleventh--Field Marshal Her.
mann Goering, who beat the gall
lows with poison.
The early career and general
legal philosophy demonstrated by
Justice Jackson resembled that Of
the late Chief Justice Stone in
some respects. While maintain
ing the dignity of his position and
insisting on respect for the high
court. he nevertheless was less
reserved than Mr.. Stone. Read
lily aroused to anger on occasion.
he was friendly and approach
able. Many. of his questions or
quips from the bench during oral
arguments were accompanied by
a twinkle in his eyes.
Had Major Influence.
During his four years on the
Supreme Court before he went to
the trials in Nuremberg. Justice
jackson wrote several outstand-
ing opinions and in other ways
is believed to have exerted influ-
ence on American public opinion
here and abroad.
Thus, in a speech before the
Canadian Bar Association at
Toronto in February, 1914. he
warned Of extremists. either to
the left or right. and held that
the courts have a special obliga-
ton to reconcile sharply diver
gent viewpoints and challenge
arbitrary or capricious authority
without resorting to obstruction
for the sake Of obstruction, or
precedent for the sake Of prece-
dent.
"The increased role Of central
government in matters such as
labor relations, social security.
unemployment compe n nsation n.
price control. individual regula-
tions and fiscal policy" he added.
"have raised the stakes Of power
higher than ever before"
Held World Spotlight.
Although his assignment to
the Nazi trials made him world
figure. Justice Jackson on two
previous occasions held the world
spotlight. In March, 1941. at
Havana he drew fire from Axis
leaders when he charged that
Germany, Italy and Japan had
violated the rights and affected
the interests of the United States
by resorting to war in violation
of treaty obligations.
AS American representative on
the Allied War Crimes Commis-
sion. he was credited with doing
more than anyone else to over
come obstacles which threatened
to delay for many months, il not
prevent, the holding of the trials.
When the trials began, he elec-
trif1ed the world in an opening
statement with a bold concept"
that individuals under interna-
tional law, from now on, are
liable to punishment as common
criminals for their part in per-
petrating crimes against peace
and humanity. His statement
likewise defined these crimes.
Criticized for Absence.
While this unprecedented ap-
proach apparently caused COM
paratively few misgivings among
international law experts. the
prolonged absence of Justice
Jackson from the Supreme Court
aroused some criticism at home.
Numerous cases were deferred by
the court for rehearing or de-
liberation. when he returned.
Among the several notable
decisions in which Justice Jack
son participated before leaving
for Europe was the Cramer
treason case five-to-four ma
jority opinion Of April. 1945.
This set aside the first treason
conviction on which the Su-
preme Court has passed. The
majority ruling reversed the con-
viction and held that the Gov
eminent had not met the con-
stitutional requirement for at
least two witnesses to an overt
act.
His Imagination
The Government had cnn.