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» Futire Cast étTttbunal Is ray Court Retains. Liberal-Gains “By Joht John P. MacKenzie 1. i Washington Post Stat? Writer When the Senate con- firmed homination of Thurgood “Marshal! to the upre esterday, it also nailed down the liberal gains of more than a decade of the “Warren Court.” But on the question of | what new developments in constitutional law Marshall might help to bring about, : only his Southern epponents ! were willing to predict. i They were certain that Mar-' shall, replacing the slightly | right-of-center Tom Cc. Clark, would fortify the liberal or “activist” Court majority. Marshall himself was not saying. While his Senate de- tractors were talking them- selves out, the folksy, 59- year-old Solicitor General was sticking to President Johnson's advice to make no statements “to anybody about anything.” His nomination, hardly a practical idea just a few short years ago, had been made to seem quite logical once he stepped off the Fed- eral bench to become the Johnson Administration’s chief representative in the Supreme Court. Combats Complaints Whether by spoken agree- ment or by tacit understand- ing between old pros, Mar- shalt and the President, Marshall set about systemat- ically to argue the widest variety of cases-~-even enter- ing the antitrust thicket-—to answer complaints that his legal experience was limited to civil rights. Supporters on the Senate floor emphasized the haz- ards of predicting the. judi-. cial conduct of a new Jus- tice, but it would surprise everyone if the first Negro on the Court turned a con- servative corner. His career as the Nation’s top civil embraced ward Sade xf grimy “can “Ft Pee es tor aeee ‘coe forrorie rights oF Eater ties His swearing-in at the Oct. - 2 meeting of the Court how- ever, will come at a time when Marshall must appear ta be a conservative figure in the minds of many disaf- fected Negroes. The Presi- dent chose Marshall precise- Wcbeaaige he had b sym f- orderly seca hrough process, atid the isaalese) has given no encouragement ° to the latter-day militants, Only a few years ago, be- fore the focus of racial un- rest turned to Northern cit- ies, Marshall was asked why he was not working in Selma, Ala. He replied that ' he had toiled the Black Belt “before you were born.” Could Make Difference Marshall has left to others the task of championing the rights of ghetto residents amid the hostility born of urban rioting. The men who replaced him on the legal staff of the NAACP Legal Defense Fund are now ask- ing Marshall and his eight colleagues to curtail the “stop and frisk” powers of city police because of the ghetto climate of mutual suspicion between Negroes and the authorities, His vote could make a sharp difference on a Court that has divided closely aver poliee search powers. Police insist that they need the awn tS stop suSprttous” persane_and frisk them in self-defense, Liberal Dayar? say the technique is often used to get evidence by cir- cumvyenting the constitution- al rights of citizens. Marshall's approach could well reflect his experience both in ghettos and amOnE “3 the affluent. He tells astory'7 ~ of two encounters with New York City police, one in Har- jem and the other in down- town Manhattan. A Harlem officer stopped him on the street and de- manded his identity and Marshall told him it was none_of, his busi The downtown officer ae him and Marshall tiveisidostified himself—he doesn’t know why to this day. The new Justice takes a practical view of the rights of citizens under arrest, He is fond of saying, “If I’m in a room with you and you ask me some questions, that’s one thing, but if ’'m in a room alone with Joe Louis, all I want to know is: what does he want me to say?” Attitude Indicated foxeball’s actions on the Second Circuit Court orp Peals hetween 1961 and 1965 indicate that he wou ave voted with four dissenters in recent cases where funda- mental relationships be- tween state and Federal courts were at stake, The majority refused, in a case from Mississippi, to make it easier for civil rights work- ers to remove criminal pros- ecutions against them from state courts to the more friendly Federal forum. Senate Judiciary Commit- tee Chairman James O. East- land (D-Miss.) said yesterday that he was sure Marshall would vote to reverse the decision, but it fs not un- common for Justices in Mar- shall’s position to abide by a decision so recently handed down, Tolson DeLoach Bishop Casper Callahan Conrad Felt Gale Hosen Sullivan Tavel Trotter Holmes Gancly But another Mississippi ease before the Coan raises a related, unsettled ques- tion; whether Federal Judges should move in to enjoin prosecutions allegediy brought to harass civil rights workers. Just by not saying “anything to anybody about anything” since his nomina- tion, Marshall has won the right to help the Supreme rast .depide that issue and many ers, oot The Washington Post The Washington Daily News get “ Times Herald ‘The Evening Star (Washington) —__ The Sunday Star (Washington) Daily News (New York) Sunday News (New York) New York Post The New York Times — The Sun (Baltimore) The Worker ~ The New Leader — The Wall Street Journa) — The National Observer People’s World _ } NOT RECORDER YW SEP S 1967 “ad t ma) : . med afer a ~