Evening star., 1955-02-13
Douglas Is Criticized
For Formoso Speeches
Writer Scores Interference
With Executive Policy
By Fronk R. Kent

The inability of Justice William o.
Douglas, since he has been a member
of the Supreme Court of the United
States. to conflne his public activities
and thought to the high position which
he now occupies has disturbed a good
many people in the country as a whole,
including some of his admirers and
friends, Of whom he has many.
For one thing, he has broken the
deeply rooted tradition that this, our
highest tribunal. should always be
completely aloof from politics. For
another. he has somewhat shaken the
belief. which should be fundamental
among our people, that members OF
this great court are, so far as it is
possible. always open minded and
without prejudice. This does not mean
that Mr.. Justice Douglas has no right
to his private opinions on public issues.
Nor does 1t mean that it is humanity
possible for a Supreme Court justice
to divest himself entirely Of his private
predictions.
However, it does mean that, not
withStanding their personal feelings,
members of the supreme bench should
avoid public statements and utterances
upon controversial national and inter-
national issues over which they have
neither jurisdiction nor responsibility.
More than any other member of the
Supreme Caurt, either present or past,
Mr.. Douglas has diSregarded this rec
ognized and established rule of per-
sonal conduct and judicial propriety.
Since his appointment by the late Pres
ident Franklin D. Roosevelt is years
ago, he has made numerous speeches
before more or less political bodies upon
more or less controversial topics, which
his colleagues have Studiously avoided.
Some of the most criticized of these
Douglas pronouncements have been
before labor organizations, particularly
the CIO, whose truculent leader. Wal
ter Reuther, is in Democratic politics
up to his ears. Others have been be-
fore less openly partisan bodies. But
all OF them have resulted in wide pub
licity for Justice Douglas and his views.
AS a result. it is not surprising that he
periodically is doomed for Vice Presi-
dent or President by such organizations
as the CIO and the ADA, whose darling
he Is.
The most recent outburst of the
justice is on the exceedingly delicate
situation in the Far East, with which
he has nothing whatever to do. A short
time ago he broke loose with an ad-
dress in New York in which he pro-
posed that Red China as we'll as Ma
tionalist China be admitted to tho
United Nations He also advocated
fhQf tho TInifol OF
Gil seat now held by the Chang gov
ernment on Formosa be taken away
and given to some other Asiatic nation.
This, OF course. is distinctly not in
accord with President Eisenhower's
announced policy. Also. it is not in
accord with the Congress, which over
whelmingly Endorsed the Presidents
Folmosa policy.
1t seems an unwarranted intrusion
OF Justice Douglas into situation
where he has no place. He may be
right or he may be wrong, but no one
asked Tor his opinion and he has not
helped matters in critical time by
projecting one, which the Spokesman
Review says was set. forth in press
releases in advance of his speech and
constitutes an interference with the
legislative as well as the executive
operations of the United States Gov
ernment.
If either of these branches attempted
to interfere with the Supreme Court.
the popular resentment, as was demon
strated when Franklin D. Roosevelt
tried to pack it. would be very great
indeed. The fact is that while Justice
Douglas may be darling to the CIO
and the ADA. he is something less than
that to his colleagues on the court.
who cherish its dignity and treasure
its traditions-and to a good many
others.