◆ SpookStack

NATIONAL AFFAIRS the present liberal trend might well lend strength to its opponents in Congress. There was a grain of truth im the famous saying of Finley Peter Dunne's Mr. Dooley: The Supreme Court follows the election returns. The present not afford to ignore public opinion, its reflection in Congress, at the of having its powers cut and the belance of power in government upset. ——— 5 z Newsmaker Mr. Justice Stewart cs | Back in the harried, frantic days after Pearl Harbor, a midshipman samed Potter Stewart in the Navy's V-7 course at Northwestern University used to keep his fellow students awake by stomping up and down his quarters, singing out: “Hup, tup, trip, four, hup, tup...” Midshipman Stewart was teaching himself to march. His instructors agreed that in class, Stewart was a brilliant stu- dent—but when it came to military drill, he was all left feet. And Stewart had decided to do something about it. “That's the kind of guy he is,” a friend of Stewart's said last week. “He's the most single-minded man you ever saw. If he has to do something, no matter how trivial it may be, he buckles down to it and does it.” The ex-midshipman he was describing is now Judge Potter Stewart of the US. Sixth District Court of Appeals, and President Eisenhower's latest appoint- ment to the Supreme Court. in 1949, following in the family tradition. His father, James Garfield Stewart, now a justice of the Ohio Supreme Court, was ance mayor of Cincinnati. Stewart served three years (serving one year as vice mayor), and he was appointed to the Federal bench in 1954. First_a Lawyer: Stewart has trouble defining his own_ political phil y- When he was asked last week if be “conservative,” he replied: “I really can't. I don’t know what I am, except that_] like to be thonght of as a lawyer.” Stewart, now 43, is the youngest man -with the exception of Douglas—to be appointed to the Court in 105 years. He is a tall (5 feet 11), slim (160 pounds) man with dark hair gray- ing slightly at the temples, with e warm and flashing smile, and full of life. He's not averse to a drink or two, he’s a good man on a fishing trip,_be's an‘ excellent mimic. (in law is imitation of the distinguished lawyer Tharpan Amold was renowned.) He is married to the former Mary Ann (Andy) Stewart's singleness of purpose has | 1 been _evident_all_ through his life. From Hotchkiss Schoo] in Lakeville, Conn., he went on to Yale (from which he was Associated Preag The Judge's family; Potter Jr., 10; Mrs. Stewart; David, 7, and Harriet, 13 38 times, Jimmy Bymes, now 79 and tirement, has played an important sometimes dominant role. = ri ze BE ak bs cE Y . the day, almost 50 years later, he left the old Covernor’s Mansion. And of all the historical revelations he makes, none is more significant than his own detailed story of why Harry S&S. Truman, and not James F. Byres, be- came 33rd President of the U.S. upon the death of Franklin D. Roosevelt. Beviens BDeinge: Byres says he ran for the Democratic Vice Presiden- tial nomination im 1944 at President Roosevelt's urging. Yet, as the conven- tion approached, he kept getting dis- turbing reports that Mr. Roosevelt really preferred, first, Sen. Harry $. Truman, and second, Associate Supreme Court Justice William O. Douglas. Byrnes con- fronted the President with these reports, and the President scoffed at them. He kept encouraging Bymes to run. Two days before the convention, Mr. Roosevelt passed through Chicago on his way to San Diego, and Democratio National Chairman Robert Hannegan and Chicago boss Ed Kelly boarded his special train to find out who he wanted “All in One Lifetime.” 421 pages. Harper. La O Newsweek, October 20, 1958