Evening star., 1962-08-30
Supreme Court Chonoe

While not unexpected, the retire
ment from the Supreme Court Of Mr..
Justice Frankfurter will be widely re-
ceived with mingled sense of regret
and disappointment. 1t is diSappoint-
ing because, despite the doubts, 1t had
been hoped he would be able to resume
his place on the bench this fall And
it Is an occasion for regret because the
influence exerted by his intellect and
his personality will be greatly missed.
1t Is quite in keeping with the Frank
furter character, however, for him to
write: TO retain my seat on the basis
Of a diminished work schedule would
not comport with my own philosophy
or with the demands Of the business of
the court"
For what labels are worth, which
IS not much, Justice Frankfurter was
the leader of the conservative wing of a
closely divided court The justices, of
course, did not divide according to any
fixed pattern in all or perhaps even
in most cases. But on certain funda-
mental principles, involving generally
the proper role or function Of the court,
to division, with Justice Frank
furter In the majority, was reasonably
practicable. He believed that the duty
Of the court was to apply the law, not
to make it. He felt strongly that the
Judiciary should not invade areas re-
served by the Constitution to the legisla-
tive and executive branches. He de-
plored what he regarded as an excessive
tendency Of the court to overturn
precedent and to accept too many cases
for review.
These statements, Of course, are
generalitieS. There is no pretenSe that
they describe Justice Frankfurter's
viewpoints comprehensively or with
precision. They convey some indicati
however, Of what Judge Learned Hand
meant when he said: Il regard him as
the most important single figure in our
whole judicial system" The Justice had
his detractors, and they will dissent from
this evaluation. But we have no doubt
that his retirement is a serious loss to
the court and to the country.
Secretary Goldberg, the Presidents
choice as successor, comes to the court
with background that is quite different
from that Of the retiring justice. Most
OF Mr.. FrankfurterS adult life was spent
teaching law at Harvard, in various
aspects Of Government service, and,
FOR the past % years, on the Supreme
Court. Mr. Goldberg, until joining the
kennedy Cabinet, had been essentially
labor lawyer-an ardent, aggressive
but always intelligent partisan. AS
counsel for the CIO and for the United
Steel Workers, he has been in the thick
OF laborS battleS-So much so that his
capacity for detachment and objectivity
after becoming Secretary of Labor was
truly remarkable.
There will be those in the business
and industrial community who probably
will look with apprehension on Mr..
Goldbergs accession to the high court
But we suspect that they do not know
their man. 1t IS hazardous, perhaps
even foolhardy, to try to predict the
course man will follow when he dons
the robes Of Supreme Court Justice
when there no longer is any real re-
straint upon him except that which may
be imposed by his conscience and his
sense Of duty. Our guess, however, is
that Mr.. Goldberg as a member of the
court, will turn out to be a conservative
In the true and meaningful sense Of
the word. For the benefit Of those who
may doubt this, we recall the dismay
with which so many received the word
Of Justice Frankfurter's appointment
back in 1899.