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~ cr O-19 (Rev. 7-18-58) ‘ j ery Al ae =e fy 4 oan ‘Focus on Warren: e pl by a Marq ids WH, "A OLD AS gov ent itself is: the _ effort to find a tribunal-—a man or gvoup! pot snip end goa pre ‘passions of parti P sanship preindices of the na s is the institu- j tion to which Amer- icans have. looked ‘Since the founding of ¥ the republic for the ~ high endeavor of im- ~ partial judgment. ‘ Yet "the Supreme Court is a political in- stitution, And in times of national strife and . Childs’ Btrain the Court and tn particular ‘the " i | Chief Justice become. the focus ore angry political attack, = § Earl Warren, the 14th thier Justice © L " of the United States, finds‘ himself, at - ;? the climax of a career"in which contro- 5 it versy has had little part, the center of * @ gathering storm. On May 17, 1054, ;, be read two opinions of a unanimous | 4, # court, holding that segregation of the; races in the publie achools waa uncon- ” stitutional This reversed the doctrine ce 7 of the Constitution for equallty under \ " law was met by “separate but equal” nt _ facilities for the two races, :°.- “ _ “Tn the field of education,” the Chiet 4 Justice sald, “the doctrine of ‘separate . but equal’ has no place. Separate edu- equal” facilities are inherently un- ae the South this meant a complete j Teversal. of ancient custom and the opinion was the signal for a new out- break of the feud between. the North ‘and the South that fs nearly as old ag! the Court itself, In the drive of the ‘Southerners’ in Congress, abetted. by ome Northern conservatives, to curly the jurisdiction of the court, Warren ig ithe villain, He has been denounced sagain and again in demagogic fanguage iby Sen. James 0. Eastland of Missis- me pi who has made himself leader of movement to whittle away the juris, ‘ laid down in 1896 that the requirement i+ if four or™ five opinions, +. 2." * Ray ta heer lime=ivienlg & serene temperdme ae his rise in politics has almost inv. rably been marked by reasonable moder * The people of Calffornia threé times elected him Governor ,of that tate because, although he was a Re ‘publican, he appealed to Republicans Fand Democrats alike as one who would follow a middle-of-the-road course. First ‘as Attorney General and then as. Goy- ercor he had a great deal to do with “directing the fantastic growth of his: Hative state into constructive channels. ; “Warren was named Chief Justice by i President Elsenhower five years “ago, ' ;and. the appointment was widely “praised. Here was a man who could. "preside over the court with dignity and. ilead ~it toward moderation and away : pfront bruising controversies resulting Holloman’ Gand yest As the crisis over integration ‘devel oped into a great national issue this be- came the heart of the matter—whether t the Chief Justice and the other eight justices, have the judicial equipment and judicial temperament ‘of = whether they are legislating their views Fo in opinidns on the Constitution.” eg: R “oF THE nine justices 0 ‘on the court t day only three had prior judicial exper- b jence before coming to the tribunal¢ val and they were all appointed by Presi. Hident Eisenhower. John M. Harlan had: So one year on the Circuit Court of Ap-' #, _ _ peals in New York. William J. Brennan LQ A 2S f c= = Tr. was an Associate Justice of the Su- NOT RECoR preme Court of New Jersey and held, 167 SEP ECORDED lower court positions in that state,+ 9 1958 Only. Justice Charlies Evans Whittaker followed the course many lawyers be- lieve is the best preparation—he served 9 “~~ -—~ - ~ / ‘ aS 2 Federtt Distt ake na then Wash. Post and /} on the Eigh ‘ire ‘0 of Appe | ‘The American Bar. Association hag Times Herald Just recommended that Federal judges Wash. News be removed from, palitics. But the res- Wash. Star olution making this recommendation N. Y. Herald did not say how it was to be done,- aed eof However desirable it} may -be. Tribune theory, it is highly unlikely that Cor N. Y. Journal- ‘gress would approve such a change. Foe. American in the selection of Federal judges, ‘in ' cluding the justices of the high court, both politics and the law have played : ,& part While there have been dis N. Y. Mirror N, Y. Daily News — ‘tinguished legal scholars on’ the co N. Y. Times ‘such as Justice Fellx Frankfurter oan Daily Worker "the norm: has mo men like -Wart The Worker ho come to the law through the pr "tice of politics, And while he is‘ toda hated symbol for many ‘Americang when this constitutional crisis has bee presolved, as others have before it; thy oderate| lawyer poltean dromlses ontin New Leader ——-—__-__ NN nn Ne Sn Date ———_—________- cage neo w7 3 (38