davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-08-01
Chief Justice Vinson-
His Background and View Of the Courts Role
Shaped His Decisions on the Bench

THE laio clerks offthe late
Supreme Court Chief Justice
Fred M. Unison elaborated after
his death in iDriting for the
North,reStern University Lam Re-
Die,D their impressions OF the
man they knetD as the "Chief."
Here are excerpts from their
drticle.I
The relationship of law clerk to
Supreme Court justice is neces-
sarily close and intimate one. He
receives his assignments directly
from the justice and submits his
work directly to him. On the other
hand. the justice is dependent In
q number of ways upon his clerks.
The day-to-day relationship is
usually one Of close and friendly
contact. Of trust and confidence.
The Chief was criticized. par
ticularly by members Of the Yale
Law School faculty, in Look Maya
zine and in the Pennsylvania Law
Review for supposedly leading the
court to deny review of many cases
that, in the opinion Of the critics.
should have been granted and de-
cided with opinions.
Too Many Deniols?
Out of the 1900 or so cases before
the court each term the critics were
of the opinion that about so should
have been granted in addition to
the 125 or so that were. A number
of the examples of denials Of GER
tiorari did. involve cases which pre-
scented important legal issues, but
often there were procedural grounds
that would have prevented the court
from reaching the important ques-
ton. or other deficiencies in the
record which fully justified the
courts action In refusing to review
the particular case. however impor-
tant the legal issue.
The other examples were matters
Of judgment as to the relative inn
portance of the issue presented. AS
to these. it is quite true that the
Chief belonged to the school Of
thought that regards the Supreme
Courts function, not as that Of q
mere revisory body to correct errors
of lower courts. but as a tribunal
whose judgments should be reserved
for cases Of high national impor-
lance or clear conflict below.
This feeling, as with most Of the
Chiefs beliefs. was q mixture Of
personal and policy views. On the
personal side he recalled the UNI
timely death Of Mr.. Justice Rutledge,
whom he had regarded as q warm
personal friend since their service
on the Court Of Appeals Of the Dis
trict Of Columbia, and was convinced
that the pressure of the courts work
had been responsible for this tragic
event.
So far as policy was concerned, he
felt that the Constitution never
contemplated that the Supreme
Court should become merely another
court of appeals but intended that
1t should pass only on cases OF par
ticular national Significance.
Moreover, the Chief would some
times vote to deny certiorari on,
grounds Of practical policy" be-
lieving that conflicting opinions then
In prospect would unsettle more law
than they would settle. 4
In general. the Chiefs philosophy
regarding applications for review
was that he couldn't run the world
from his chair-a philosophy that
made him much less anxious than
some other justices to grant review
OF cases involving such matters as
Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-08-01

the administration by the States
Of their criminal processes.
Supreme Court practice calls for
the Chief Justice to determine which
justice shall write the opinion In
particular case. It is this respon-
sibility for the assignment of opin-
ion that gives the Chief Justice q
power over the substantive output
of the court that exceeds that at
tached to one of the nine votes.
In some cases, where different
reasons had been assigned in con-
ference for reaching common re-
suit, the Chief was likely to assign
the opinion to justice whose views
agreed with his own. Again, 1t Ii
probably that the Chief sometimes
assigned the opinion in q close case
to q Justice who had been expected
to be in the opposite camp. the
assumption being that once that
justice had set his views on paper
he would be committed to the re-
suit.
This strategy occasionally back
fred. with the justice to whom the
opinion had been assigned writing
an opinion, reaching the opposite
conclusion from that of the orig
inal majority. Indeed, the Chief
himself more than once concluded,
following extensive research in prep
aration of an opinion. that the opin-
don simply wouldn't write" the
way he had originally voted.
He thereupon- circulated memo
randum Of his reasons for reaching
q contrary conclusion, which fire.
quently persuaded a majority Of
the court.
But mention Of examples Of stra-
tegic assignments leaves q mislead-
ing impression. In the vast bulk Of
cases the Chiefs sole motivation was
the equitable sharing Of the work
load.
The Big Cases
With perhaps four or five excep-
tons during his seven years on the
court, the Chief made no effort
whatever to keep the important
cases for himself. And these excep-
tions arose when other members
OF the court urged that q particu-
lar opinion would have more weight
when written by the Chief Justice.
The Chief may have avoided pat
emit, antitrust and admiralty cases.
but in general. he retained at least
his share of the specialized or OBJ
Scure cases. He showed some par
TALLY to tax cases, no doubt 40
result of the interest that he de-
veloped in that subject while on
the Ways and Means Committee Of
the House OF Representative and az
Secretary of the Treasury.
The Chief wrote relatively few
dissenting opinions even considering
that he voted against the majority
in less than 10 per cent of the cases
In which he participated.
There was no question as to the
Chiefs motivations for dissent In
the Steel seizure case, however. His
strong views on the power Of the
executive, especially in time of emer-
gency, coupled with his experience
as economic sterilization director,
the official responsible for seizing
industry to avert labor disputes dur
ing World War II, all combined to
compel an opinion in that case.
The following have been law clerks to the
Chief Justice Imost served FOR one year):
Karl L.. Price. Byron w. White, Francis A.
Allen, Lawrence q. Ebb John Thompson.
David =. Teller, Isaac N. Groner, Arthur n.
Seder IT.; Murray 1. Schwartz, Howard J.
Trienens. Daniel walker Newton N. Minow.
James G. N. Paul, William Oliver, Carl b.
Hawkins. Earl T. Pollock and Richard J.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-08-01

where in the world. The Institu-
tional Revolutionary Party has been
In power since the benevolent die
tator, Porfirio Diaz, was thrown out
in 1911.
. Boliuid (111a points, This coun-
try made its reputation producing
tin and revolutions and now is pro-
ducing democracy.
President Paz Estenssoro's govern
ment was freely elected in 1851 but
had to shoot its way into office. Once
there, 1t gave suffrage to the litter
ates and Indians. who compose most
OF the population. It extended much
needed social and economic benefits
mass education, land reform, work
benefits and social security.
To. maintain this pace, the gov
erning party must re-estahlish the
legislative branch Of the govern
ment. Now that the government has
withstood Communist and Fascist
Sieges. 1t must in time set elections
and grant complete press freedom.
. Ecuador Gil pointS)-JoSe Maria
Velasco Ibarra, another ex-dictator,
was elected in 1851 to succeed the
first constitutionally elected presi-
dent to complete q term in almost
80 years. Ecuador's march toward
democracy is slowed by its exclusion
Of Indians from the nations politi-
cal, social and economic system
Q 81 Salvador I'll points)--Democ-
racy may be on the march In this
vermont-size coffee republic. Mai.
Oscar Osorio, who headed military
tunta that ousted Gen. Salvador
Castanda in l948, became consti-
tutionally elected President in 1850
He has pushed social and economic
program designed to help breach the
Evening star., 1954-11-14

itary airport there is" He said
the base. built in 1889. now has
just under 10000 military and
civilian personnel.
Budget Bureau spokesmen had
no comment on the Broyhill
proposal. One official said a
similar idea had been discussed
previously.
Elsewhere on Capitol Hill
meanwhile, Senator Magnuson,
Democrat. of Washington. who
will become chairman of the
Commerce Committee if his
party takes over the Senate in
January, promised to get into
Washington'S airport crisis
In a tentative schedule of
committee matters to be taken
up, the Senator noted that his
staff has been gathering extern
Sive data on the controversy.
There is no question about
the need" he told a reporter.
II want to make it clear that I
am not going to dismiss it from
consideration"
Evening star., 1954-11-14
.UNEscO Rejects Bids
By Bulgaria and Romania
By the Assoeio,ed Pres,

MoNTEvIDEO, Uruguay, Nov.
13.-The United Nations Educa-
tional Scientific and Cultural
Organization (UNESCo) today
turned down membership apph.
cations from Bulgaria and Ro.
mania.
The United States opposed
admission. accusing their COM
munist-led governments of hav.
ing a record of continuous
violation of fundamental human
rights and a disregard of inter.
national obligations.
The conference adopted Q
British proposal that the appli.
cations be deferred until the
next general conference. two
years hence.
The Bulgarian and Romanian
applications had been approved
by UNESCo's executive board
and recommended by the U. N.
Economic and Social Council.
Evening star., 1954-11-14
Nursing Homes Unit
Reflects President,
HearsDr. John Cronin

Miss Zuzie Siegal Of Mount
Vernon, N. Y, has been re-
elected president Of the National
Association of Registered Nurs-
ing Homes.
The association convention at
the Shoreham Hotel heard a
discussion yesterday of the short
age Of hospital beds throughout
the country by DR.. John Cronin,
chief Of the division Of hospital
facilities for the United States
Public Health Services admins
tration Of the Halliburton pro-
gram.
Cites Act of Congress.
DR.. Cronin explained that last
July. Congress passed an extern
sion of the Hill-Burton Act
which would make funds avail
able for construction Of nom
private nursing homes and other
facilities.
He felt that this would help
the situation, although other
measures are needed.
DR.. Cronin participated in a
panel moderated by Miss Ollie
A. Randall, consultant for the
aged, Community Service Society
Of New York. It included Mrs.
Virginia A. Megowen. supervisor
OF medical social work, West
chester IN. ,Y.) County Depart
ment Of Public Welfare, and DR..
James M. Rosen, president of
the New York City Nursing Home
Association.
Slate of Officers.
Other officers elected for the
coming year are: First vice pres
ident. Mrs. Minnie Hopkins, Vir-
ginia; second vice president,
Gene Lipitz, Maryland; third
vice president. Daniel Long,
Maryland; fourth vice president,
Mrs. Violet Alfred, Florida; ex-
,ecutive secretary. Mrs. Catherine
Poole. New York; corresponding
secretary, Roy Chaff1n, Virginia;
treasurer. Mrs. Bertha johnson,
New York; registrar. Mrs. Ber-
tina Handler, Connecticut; his
torian, Hari Eklund, New York,
and counsel, Yale Wilmer, New
York.
Members of the executive COM
mittee are Mrs. May McKenna,
New York: Mrs. Freda Majzlin,
New York; Reginald Wilson,
Maryland; Mrs. Elese Connant,
Massachusetts,: DR.. RoSen: Mrs.
Anna Schwartz, Pennsylvania;
DR.. Coyne Cambell, Oklahoma;
Mrs. William Hawkins, Virginia;
Mrs. Agnes Coacley, West Vir-
ginia. and Russell Price, New
York.
Evening star., 1954-11-14
Dixon-Yutes
CONTINUED From First Page)

to j. w. McAfee. president of
Electric Energy Inc, another
supplier to the Atomic Commits
sion, who was in the early nego-
tiations too.
Others he proposed to call
were H. "A. Curtis and Raymond
Patty. directors of the IVA who
have lined up against the ar
:rangen1ent. and Walter III. Won
Tresckow. head of a New York
syndicate which made an unsuc-
cessful attempt to get in on the
power deal.
Opponents from the iva have
argued that they were kept in
the dark during the early stages
Of the discussions although they
were directly concerned. The
question of how the excess costs
are to be shared by the IVA and
the Atomic Commission also it
at issue.
Called Vulnerable to Floods.
Mr.. Holifield also said he
wanted more light from Army
engineers, who already have re-
ported favorably on the West
Memphis site, which foes con-
tend is vulnerable to Mississippi
River flood waters.
Chairman Cole, who COM
planned earlier in the week about
the "repetitious" questioning of
witnesses. said that potential
witnesses who had not been
heard could file statements with
the committee the next week.
The precise origin of the
Dixon -Yates-AEC arrangement
never has been determined, other
than that it grew out Of a meet
ing at the Budget Bureau last
December, when Detroit banker
Joseph M. Dodge, then Budget
Director, asked Atomic Energy
Commission officials if it would
be feasible to have private in
dustry bring in power to reduce
iva commitments to Acc.
AS it developed later, the
Budget approach was leading up
to President Eisenhower's budget
recommendation for a curtail-
ment of iva operations.
Middle South and Southern
were later drawn into the dis
cussions. The plan was worked
out under which their syndicate
would furnish the Atomic En-
ergy Commission replacement
Evening star., 1954-11-14
Airport
CONTINUED From First Page.)

merce Undersecretary for Trans
portation. said he did not think
the proposal makes sense" be-
cause Cd a new military air.
port would cost many times the
price of a civil field and (2) there
is too much military investment
there now. "a
The. investment shows up, he
said. in special equipment and
such facilities as barracks and
other living quarters, recrea-
tional areas and medical build
ings
Mr.. Murray has been on the
record for months, however, for
dual milftary-civil use of An
drews. He has said he is certain
there is enough unused space
on the vast 4,450-acre reserva-
ton for both uses. Such "side-
by-side" use has worked well
in other cities, he said, includ-
ing Chicago, Minneapolis and
Niagara Falls.
Maj. Gen. Wiley Ganney, Air
Force Chief of Operations, said
a replacement for Andrews else
where would cost "three to four
times the amount" of a civil
airport.
Says Air Space is Saturated.
He thinks the solution to
Washington's problem is a Sec
ond independent airport some
where. While the Andrews res
ervation is large, he said, "the
important thing is air space,
most of which is saturated now"
Col. Marshall Elkins. Andrews
commander, said Andrews now
is using its developed facilities
ito full capacity" and is either
the first or second busiest mil
Evening star., 1954-11-14
l30 M.P.H. Typhoon
Due to Hit Philippines

MANILA, Sunday, Nov. IA
Typhoon Sally. a late-season Pa
cific storm with 130-mile winds,
was expected to smash into the
Philippines tomorrow.
The Manila weather bureau
said the new blow, chasing a
tropical storm that hit the is
lands last week. was located
about $50 miles east Of Samar
Island early today. . r.
The typhoon was moving
westward at IL miles an hour
threatening to cut through the
Philippines between thickly pop
ulated Samar and southeastern
Luzon Island.
Evening star., 1954-11-14

compromise have been men,
toned by various Senators. But
there were no strong indications
yesterday that they would suit
either Senator Mccarthy or Re-
publican and Democratic Sena-
tors already on record as favor
ing censure.
The split seemed so wide that
an influential Republican Sena-
tor predicted yesterday that 1T
won't be much use to try any
further" unless a compromise
were worked out over this week.
end.
That, however, did not mean
the compromise seekers would
give up. Attempts to solve the
problem repeatedly are not con-
fined to members who want to
take Senator Mccarthy "off the
hook" or ease the embarrass-
ment Of political parties or in
dividual members in certain
sections of the country.
A prime motive in the drive
for compromise in some quarters
is to protect the prestige of the
Senate itself. A Democratic
Senator. not actively identified
in the censure issue, observed
yesterday that "as this fight
stands now almost everyone, in
cluding the Senate. is likely to
be hurt"
Senator Aiken. Republican. of
Vermont, remarked earlier that
some way of revising the reso-
luton might be found so that
several Senators unwilling to
vote personally against Senator
Mccarthy might be willing to
support condemnation of certain
acts. The Vermonter neverthe-
less added that he does not
think he will propose a compro-
mise.
Senator Knowland. who has
more than q passing interest in
finding a compromise, COM
mented that possible changes In
the resolution would not neces-
Sarily have to diSplease the Wat
kinS Committee or detract from
its findings. He declared he has
seen no draft Of a compromise.
| He did not indicate whether
he was referring to rumors sew
eral days ago that the word
"censure," which has an un-
usually potent and unfavorable
meaning in Senate parliament
i tary usage. might be replaced by
something like 'reprove" or
looks with diSfavor on"
Such a toned down version, in
| the opinion of some other Sena-
tors. might fail to gain the sup
port Of a majority Of the Senate.
even II 1t managed to satisfy
Senator Mccarthy.
Evening star., 1954-11-14

Washington 5. D. c. Elk. s-a7os
Evening star., 1954-11-14
Negro Women Hear
Plea for Western Aid
In Developing Africa

Delegates to the 18th annual
convention of the Nation al
Council of Negro Women last
night heard a plea for greater
assistance from the West in the
development Of Africa.
DR.. James Fl. Robinson. min
lister Of the Church Of the Mas
ters, New York City, who re-
Gently returned from a trip to
that continent. said that If
asia is the land of tomorrow.
Africa is the land Of the day
after tomorrow"
Speaking at Howard Univer-
sity, DR.. Robinson said that un-
less European leadership meets
the needs Of the hour. land I
don't see any indication of it, "
there will soon be a situation in
Africa similar to the present one
in Korea and Indo-C China.
Sees Social Revolution.
He said a great social revolu-
ton" Is taking place in Africa
today and in 10 years the con-
tinent will be entirely different.
DR.. Robinson said, "The great
est desire In Africa today is for
recognition and human dignity"
Poverty was not held to be as
serious a problem as in Asia. He
pointed out that Communists
realize this and are making their
appeal to those who want a
chance to share in the develop
ment of their country rather
than to those who are hungry.
Asserting that nationalism is
more important in the world to-
day than communism, DR.. Rob-
inson appealed for a greater par
ticipation by the West in the
development of the country. He
said more than 200 million peo-
pie in Africa are as yet uncom-
mitted on the Communist ques-
ton, thus providing a great OPP
pcrtunity for the West to win
these people.
"Col0nialism Is Dead"
"We have known for long
time" he said, that colonialism
is dead. If the West doesn't real
ize this. it will go down with it."
AS an example of the national
istic trend, DR.. Robinson said
that Africans, although they do
not agree with the methods of
the Mau Mau, refer to them
as patriots fighting for their
country.
He said American Negroes can
be the key to African progress
more than any other single
group.
He urged the United States
Government to send more quail
ified American Negroes to
Africa.
Evening star., 1954-11-14

power to the IVA in the middle
Of the Mississippi River.
In June, President Eisenhower
ordered execution of the con-
tract which foes have assailed
as putting the Acc in the
power brokerage business"
While the Senate House Com
mittee hearings were on, the
contract was rewritten in it's
major provisions to meet objec-
tions that had been raised.
Under these, the Government
has the right of recapture if
exercised within three years.
This. supporters explained. was
designed to prevent litigation
and expense if Congress should
block the deal by denying funds.
A change also makes it pos
sible for either the Government
or the company to back out of
the contract if the corporate
setup fails to receive SEC ap-
proval by February is.
The recapture provision was
one of the changes won by
Atomic Commissioner Thomas
E. Murray, who had refused to
sign the original contract, and
who engaged in a rough inter-
change over it's provisions with
Commission Chairman Lewis l..
Strauss before the committee a
week ago.
In his blast at the wind-up
yesterday. Senator Kefauver said
the original contract opened the
door to windfall profits of a
magnitude which could have
exceeded the total windfalls
realized by all the shady FILA
contractors throughout the his
tory of that organization"
Jeering at a Dixon Yates press
release when the contract was
signed, in which the utilities
principals said they undertook
the contract at Government re-
quest because possible earnings
are too small to make it attrac-
tive as a usual business venture"
the Senator said that these poor
utility venturers, Dixon and
Yates. are cut down to mere
"a per cent"
Senator Kefauver denounced
the $600,OOO profit-ceiling figure
as downright dishonest" ex-
planning that this limit "does
not apply to the. tremendous
profit possibilities from the sale
of power to their own subSidi-
aries. or profits hidden in the
maintenance reserve fund or the
plant which the company owns
in the end"
The contract is for Is years,
Evening star., 1954-11-14

but a 20-year extension is pos
sible.
Il must say frankly, if sadly,
that I no longer believe any
figures emanating from the Acc
where this contract is con-
cerned," the Senator said.
Arkansas members of Con-
gresS. steamed up over the
prospects Of getting the multi
million-dollar project in their
territory, have been virtually its
only Democratic supporters in
the long fight.
The utility syndicate already
has done much of the prelimi-
nary work to get the construc-
tion going.
Evening star., 1954-11-14
By Mory MeGrory

Since the Senate came into
session last week, members of
the Watkins Committee which
recommended censure of Senator
Mccarthy have lamented the
distastefulness of their duty, the
pain of their decision.
Senator Mccarthy, on the
other hand, seems almost to feel
as though they had done him a
favor. He bears them, appar-
emily, nothing but the most rou-
tine ill-will. Far from appear
ing repentant or even abashed.
he comports himself like Hora-
titus at the Bridge.
He was rumored, during his
recent comparative obscurity. to
be suffering from Ill health. Re-
stored to the limelight and the
familiar airs of controversy, he
appears also restored to the
pink of condition. He is, by all
odds, the least downhearted man
in the chamber. q
He has anticipated his mar
tyrdon1 by proclaiming the spe-
cial session "a lynching -bee." He
has fixed the blame on the COM
mittee, which he has called the
unwilling handmaidens of the
Communist Party"
Thrown to the Lions.
Having pictured himself as
thrown to the lions of the left,
he apparently fears now only
the lions might be off their feed.
He has done his bit to foreclose
the possibility that there will
be any faltering by such meas
ures as accusing the venerable
Senator Watkins of running out
on questions.
Senator Mccarthy has, in fact,
so completely adapted himself to
his environment that it would
appear, by his own lights, that
the only way the Senate could
punish him-if it decides to-