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‘Circuit J udge, . - o-19 (Rev. 7-1-5868} 7’ aM RD - . Shedd he Ray ano 43,_ Is . ‘Ohio Republican, Described as t “Right of Center” | By a Wat STREET Jounnal Steff Reporter WASHINGTON — President Eisenhower | named Circuit Judge Potter Stewart, a “right of center” jurist from Ohio, to the Supreme - Court. t The White House announced that Mr. Stew- art, under @ recess appointment, will succeed to the High Court when Justice Harold #..! Burton retires next Monday. Mr. Stewart’s © ‘nomination will have to be confirmed by the. Senate next session. Government officials described Mr. art, a Republican, as a “‘right of center” conservative in his judicial philasophy but probably not as conservative as the retiring Mr, Burton. However, Mr. Stewart's appoint- , ment was recommended by Sen. Bricker (R.,? Ohio), an outspoken critic of the High’ Court’s| | increasingly liberal complexion, and was en-| dorsed by the Americar, Bar Association, | which has aharply criticized some recent | Court decisions. With the e Supreme Court under its severest, attack in two decades, side waa under heavy pressure to find a replace- ment to match Mr. Burton’s conservative leanings. Whether the 43-year-old Mr. Stew- art will fill the bill ig hard to predict. aa President Eisenhower one Government official put it, “Once a man puts-cn-tha-biact robe, it'a almostetrposstele to tell what be’lj do,” og $3 Re oh: . . 66 OCT 14 25 ates srers- eet ep ec A ae mine Dattar a ident Names: Potter 5 Stewait |" o. High Court ta Succeed Burton “K Btew- j ; How often Mr. Stewart lines up with this a cart ae! "CN rk 7 ited Sn ‘lope ee rte i aint: 4 hh how ‘Stewart's Views Described =‘) © AW AME to Sen. Bricker ‘deacribed | Mr.” _ Stewart's views thusly > _ “Be ig a conservative in the pense that | ne values -individusl liberties and rights above | ‘everything else. In the sama tradition, a property right is an individual liberty.” The nominee's votea on iasues of individual liberties’ undoubtedly will conie in for close tiny by conservative critics of the Court. | For it ia on these questions, more than any- | thing elst, that the controversy over the tri-/ buna! has centered. Critics in Congress, the | bar, the presa and the public charge the Court | has paid too much attention to individual | rights at the expense of law and order. The impetus for this liberal -phil hy omes from a four-member Court bloc. Chief’ ustice Warren heads the group and on most important decisions can count on support from : ustices Douglas, Black and Brennan. bloc-in his future voting will provide the key. to hia judicial philosophy. Mr. Stewart, who attended White House Pregs Secretary Hag- erty's news conference to ‘announce his ap- pointment, refused to shed much light on his philosophy. ~ | As a judge of the Sixth Cirenit Court of: Appeals, Mr. Stewart eaid he participated in only one school integration case—a particu- larly explosive issue at this time. He ssid that case involved a situation in Ohio and integration was upheld, Ho recent opinion by My Stewart ould s¢em to indicate that he believes in H ' | i NOT RECORDED 33 0CT 14 1958 Sa ws be Of iy bi Wash. Post and —_— Times Heraid Wash. News ———— Wash. Star N. Y. Herald Tribune N. Y. Journal- American N. Y. Mitror ——_ N. Y. Daily News — N. Y. Times Daily Worker The Worker New Leader —-——- tiott J ented Se Date —g8%—8-495