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h \ tM er Mb ale ee ‘ament Which has 6-19 fRevw, 16-28-57} _s ‘Congress Urged to Check ‘On Supreme Court Clerks“ Sa ar r the being considered in Congress to curb the exossnes of the @u- preme Court are the remult of the same sort of oufery heard from spectators at a baseball game who shout, “Kil th o . Sut what the erties of the Suvreme Court really want ts for the “umpire” to stick to his job of watching the ball and abiding by the rules. They don't think it’s the umpire’s duty to make new rules or to tell the manager of the club, for in- -stance, just when he can put in a dif- ‘ferent pitcher. They don't Hke to see an : umpire deciding that, when @ ball drops outaide the fou) line, it is a fou! for one’ | team, but when the other team hits the ; ball into exactly the same spot it isn’t a | foul at all. In other words, the fans don't want to see the umpire moving the foul line around to suit himself. . That's essentially what the dispute ts ‘ about as the Supreme Court ignores the rules of the game repeatedly and makes Lawrence | up its own rules that sre then proclaimed as binding on every-! ‘body—even to the point of telling Congress what questions. ‘may be asked in formal hearings through which its commit-! |tees week to get information to guide them in writing new laws. 4iso, in a baseball game)” everybody knows who the um, (So-called. “intellectuals.” The pire is. He appears in full uni-|*Tticle sald: form and be has a» rule book! “Law clerks, then, generally Court's work it isn't alwaye|i0 searching the law books and ! ‘ . other sources for materials possible to know who the ym- } t f ‘pire happens to be. relevant to the decision of cases Thus every justice has two before ume rout “ee ' law clerks. and the chief jus-|/"7he clerks often present the tice has four. These assistants |{Tults of thetr searches to their don't have to be confirmed by |/UStices along with thelr recom- i. tent, fF (mendations. They go over dratie nosed te be hee yet they of opinions and may suggest perform some of the work of changes. “hustle ot en oe the Supreme Court justices, reat de i wich th And the especially in connection with oT is mostly bout Je 4 what are known as “writs of tases abou Ww an rtiorari.” These are petitions; * + * to the Supreme Court ree grant: “What is more important, the an appeal from the Jower/*¥8¥ to’ the justice's mind was rts. If the writ is denied,|@/Wa@ys open. There was always te’a no appecl. it means # (S0Meone—fresh from the tm- a) judicial decision so far as!™ersion-in ideas that marks « the citizen is concerned. The|'#*-school and law-review ca- Postice himself signs the denial ("FO —bolsed at the justice's of the writ, but the basic judg- elbow, willing and able to do iy |imtellectual combat.” atten comes from m young law! In baseball, anybody making elerk imbued with al] sorts of|decisions on the ficid of play jiieas 3 to the role of the/must appear fi uniform es an Supreme Court in the nation/umpire und thas to be agen. todas. here are ho invisible umpires. Jum & week ago, “The New} Certainty when 2 lswrer hes’ York Times." in its Sunday jargued his case and subnitted @aterine, had an article by aj}! w the Bupreme Court jge-' ‘u-mer law clerk to a Supreme jtices, he ought to hate @ Cy art justice who discussed|right of rebutia)l against eny cowry Iraniiy the role pleyed by|[mew poinis rained by “lew ‘t ¢ inw clerks. many of Whomicierks,” exspectally some of ‘wore fram the law achools im-ithose yvemarkalle “footnotes” Rose with the viewpoint of the{ii Gupreme Court opinions [Today in National’Atfatre «2 the clerks as a group was 'to the ‘left’ of either the nation or the court, “Bome of the tenets of the ‘liberal’ point of view which commanded the sympathy of a Majority of the clerks I knew Wee: extreme solicitude for the j¢laims of Communists and other, criminal defendants. expansion of Federal power at the expense of state power, great sympathy toward any government reg- uation of business—in short, the political phibsophy new eapoused by the oourt under Chief Justice Karl Warren.” Burely the Senate of the - United States ought to examine ‘the whole law-clerk system to |determine whether perhaps these “elerks” should be gtren “umpire status,” or at least clas- afied as “masistant justices.” Perhaps, nstsad of letting them change from year year, Con- gress should provide permanent assistants fo the justices and require that among their qualf. fications should be actual ex- pertipce on the beach in trial coucte. For if the “lew eleriy” Play auch a vite] part in the makizg of the “supreme law of | the land.” womeiring more, oughs to be known by the Benate Judidiry Committee as to the metho! of thelr sslection and the Yeats of their “Judicial” ‘activ sez, ¥ Cis N.Y. Meraid Pribuns Me. ENCLOSURE f eo oo Tolson Boardman _. Belmont Mohr Nease Parsons —.— Rosen Tamm Trotter Cleyton —__ Tele. Room Holloman __ Gandy Wast. Pest ond _ Times Heralc Wash. News _. Wash, Star .. N.Y, Herald d. 7 Tribune N.Y. Journal-__ American N.Y. Mirror N.Y. Daily Neo: N.Y. Times .W. Daily Werker —_. The Worker New Lecde: —__.