Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-11-09
Harlan
Continued From First Page.)

largely one of surprise and re-
serve, but not unfriendly. Chair
man LANCER Of the Senate Judi
ciary Committee said Judge
Harlan was confirmed without
opposition or serious question
for the Appeals Court last Feblu-
airy. Senator Kefauver, Democrat,
Of Tennessee described the Su-
preme Court appointment as ex-
eellent.
Other sources recalled that At
torney General Brownell was
among those who urged the APP
pointment to the Appeals Court.
They said he undoubtedly was
consulted about this latest de-
velopnnent, if he did not actually
initiate it.
Third Republican. a -
Senate confirmation of Judge
Harlan would add a third Re-
publican to the tribunal and re-
store the membership to nine.
The other Republicans are Chief
Justice Warren, who took Office
In October, 1853, on appointment
by Gen. Eisenhower. and Justice
Harold H. Burton, a former Sem
ator from Ohio. named by former
President Truman in September.
1945.
In selecting Judge Harlan,
Gen. Eisenhower followed up his
recent hint that the next choice
for a Supreme Court place would
be from among present members
OF the Federal judiciary. The
President, however, apparently
had something besides Supreme
Court namesakes in mind when
he picked the grandson of Jus
tice Harlan.
In 1896, Justice Harlan wrote
a still-quoted dissent from the
courts majority opinion in the
case Of Plessy v. Ferguson. OPP
posing the separate but equal
facilities doctrine enunciated In
that decision dealing with racial
segregation in public transporta-
ton. Justice Harlan insisted that
"eur Constitution is color blind
and neither knows nor tolerates
classes among citizens"
Sustained So Years Later.
Last May II the court sus-
tanned Justice Harlan's stand OF
So years ago. 1t unanimously
declared that racial segregation
IN public schools violates the
Constitution. It thus struck down
the separate but equal" doc
trine as applied to public educa-
ton.
If confirmed by the Senate
IN the special session that be-
gan yesterday, Judge Harlan,
probably could take the oath al
a Supreme Court Justice in time
for further oral arguments start
ing December 6 on methods Of
putting the May II decision into
full operation.
Judge Harlan, in a telephone
conversation from his New York
City home, told The Star thai
he was naturally very gratified'
to be appointed to the court.
I'm sure you will appreciate
why I do not believe it proper
to say when President Eisen.
hover offered the appointment
or why it is not appropriate fol
me to comment on the future,
he said.
Despite a flood of congratu.
latory messages and other calls
however, he chatted cordially
and at length about his earlier
career in private practice Of Law
and In public Office. He Is NJ
stranger to this city. hayins
long ago become a member o.
the District bar and of the bal
Of the Supreme Court.
He recalled that last Febru.
airy he appeared before tn
Senate committee considerin,
his nomination to the Appeal
Court. But he remarked that h,
apparently aroused no opposi
ton and attracted no publ,
attention.
Father In Politics.
His grandfather, Justice Har
Ian. was so well remembers.
that Judge Harlan talked NOR
about his own father, JohI
Maynard Harlan, who was