◆ SpookStack

nn eileen a ss — 3 - Rev. 7-1-58} ore t © contkeD woh Section Tolson Boardman a Sap RSI OE gape cab Belmont i Supreme Court Chan Mohr ‘ “) Supreme 0 MN . . ease Prasident Nisenhower now has -_ { BRA A Re aS TE a RE Parsons | his fifttHsuprem t appointment, F Rosen + choosing Federal Circuit Judge Potter Tamm _ Stewart“to repl Justice Harold Ho Trotter : ho will retire Monday. Thus, W.C. Sullivan — f assuming Judge Stewart's confirmation, ; Tele. Room — -. those who have been speaking critically Holloman of the “Warren court” should refer ~Gandy henceforth to the “Eisenhower court.” — EO Justice Burton, for 13 years, has been a diligent, competent and_con- scientious member of our highest tribu- , nal. His role has not been a spectacular | one,.and it is'not an easy thing to pin a label on him. For whatever meaning- EF fulness such characterizations may have, | however, and it is not great, Justice ; Was Burton would haye to be considered a member of the court’s “conservative”’ wing. On the whole, he has thrown his weight on the side of holding the court *. to its traditional function—as a judicial ~ and not a policy-making body. Thus, is retirement. forced by considerations f health, raises important questions - oncerning his successor, - p | Judge Stewart has had four years ' Of experience on the bench of the Sixt Circuit. He is a Republican and 2 Ohioan, which means that his selectio maintains the political and geographica balance on the court. Since he was recommended for the vacancy by Ohio’s Senator Bricker, it may also be assum#i that Judge Stewart, in the general sense at least, is a conservative. However, the Senate, -in considering confirmation, Wash. Post and should be more concerned with Judge Times Herald Stewart’s concept of the proper role of Wash. News the Supreme Court. The serious criti- Wash. Star 22 cism of the current court is directed N. Y. Herald toward its allegéd tendency to exceed Tribune proper judicial bounds, to exercise ‘ aa peeneenn ms ; N. Y. Journal-____ through its decision-making power in a a broad range of cases a legislative, as dis- American tinguished from a judicial, influence. It Ai, Y. Mirror was this trend which resulted in the last JAN. Y. Daily News — congressional session in numerous leg- | . ( he s N. Y. Times detat¢ian .fFrnwt Brews es esa saen FE ASAULVE ENOL, some successful and sqgme L bal } 3 Daily Worker “unsuccessful, to “curb the court.” At 4 The Worker ‘ best, however, this is a difficult and un- _ , New Leader wy satisfactory remedy. What really is i? ° TT oY needed is a careful and dispassionate of ————_—- a - examination of a nominee’s fudictal oe sp‘ wr G J “philosophy before and not after he has Date ~ J. — ; . 4 ‘been confirmed. Presumably, this will fae eters ce) Ne wu } be forthcoming in the Senate in Judge | ‘Sa - - ot _ | we 4 StEWATT's case. “——~ NOT RECORDED 143 AT 11, 108¢e wel aw Iw hoo. a