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A, fi | Oe ee By TED LEWIS 4 Washington, July 20—For two weeks, off and on, the Senate Judiciary Committee has held hearings on the iqualifications of Thurgood Marshall to be the first Negro ‘Supreme Court justice. , | There will be another hearing next week and then, in its own good time, the committee will send the nomination te the Senate where ‘confirmation is considered certain. This interrogation of Marshall at. : length has been almost entirely by | ‘ Why Marshall Southern members of the committee, in : : particular Chairman James ©. Eastland |i‘ - (D-Miss.), John McClellan (D-Ark.),| Is Receiving. a Sam Ervin (D-N.C.) and Strom Thur- \ mond (R- S.C). hs hs : ' -In’ each case, ‘the individual AS | Southern Frying simply. wanted to probe Marshall's . “judicial philosophy” and capacity for ‘judicial restraint,” - There has been constantly a flow of eareful expressions by the’ ‘qu restioners that: the fact that Marshall is a Negro has. absdlutely nothing to do with the interrogations. § @-—=2_9 - This is a good line. It carries “the admirable connotation that ‘members of the Judiciary Com- niittee must probe carefully to de- itermine whether a Supreme-Court inominee is worthy-of the job. New Marshall happens to be President Johnson’s second nomi- ‘nee for a Supreme Court vacancy —that resulting from the June 12 resignation of Justice Tom Clark. ‘The first was Abe Fortas, nomi- inated by the President on July 28, 1965, to take the place of J ustice ‘Arthur. Goldberg. This same Judiciary Commit- tee on Aug. 5, 1965, at 10:35 A. M., opened a hearing to determine [Fortas’ qualifications. It was -all jover at 1:15 P..M. In less than three hours, the ynembers had been 'Inble to decide that Forias was ‘admirably qualified and, on Aug. 11, the Senate similarly agreed ‘without even going through the motions of a roll call’ vote... . What is the difference be- tween the Fortas and Marshall f (cases ? Well, it probably was sig- 4 nificant that Fortas, back in - J lAwgust, 1965, had been “like that” with Johnson. He also had been a : friend of Walter Jenkins and Fortas’ law firm also had pepresented ; {Bobby Baker in one facet of Baker's: legal-financial entanglements, 1 So presumably there was no question about his judicial philos- tophy ox judicial restraint. The record of those Fortas hearings shows, iia example, that Sen. Ervin, who now wants to know in detail how |. [Marsha}l’s judicial mind clicks, was totally disinterested in what “Thucgoad Marshall 9-19,{Rev. 12-9-68) s a . oath : : ' wt 4 en = Callahan if Sullivan Tavel Trotter Tele. Room Holmes a Gandy The Washington Post Times Herald The Washington Daily News The Evening Star (Washington) The Sunday Star (Washington) Daily News (New York) : Sunday News (New York) — New York Post _ The New York Times World Journal Tribune (New York) The Sun (Baltimore) The Worker The New Leader The Wall Street Joumal | The National Observer ‘JUL 24 1967 People’s World Date NOT RECORDED 428 JUL 24 1967 % oy 4 went on iiside Fortas’ head. é > Gibb ia ph WW ee a |