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a Q-19 (Fev. 71-58} C ) ye | ETON aL ee de ed de n Promoting J udges- Q Ly For the fourth time President Eisenhower i gone ¢ io a i0Wwer mt for ai Associaie Justge “of the United State’ Supreme Court. His appoint- ment of Judge Potter Stewart of the United States + Court of Appeals, Sixth Circuit, to succeed Justice’ « Burtén thus gives practical emphasis to the Ad- & ministration’s policy. of preferring men already ‘under judicial discipline for advancement to the T highest berich. Judge Stewart will be the third ‘-member of the Supreme Court promoted from “the Courts of Appeals, the other two being Jus- sfices Halen and Whittabter JVusties Brennan wae selected from the Supreme Court of New Jersey. Only Chief Justice Warren among the Eisen- shower appointees went to the Supreme Court ithout judicial experience. Apparently the Presi- ent feels that somewhat different qualifications Bare needed in the case of the Chief Justiceship— that the head of the Court should be a figure of Rational reputation as well as-an eminent lawyer. As we understand the President's policy, it does : Not preclude the appointment of practicing law- * yers, law school professors and Government offi- “cials to associate justiceship, but only gives a ’ preference to men already on the bench. ' -Thé wisdom of this policy depends in large part upon the kind of men who are available in ‘the lower courts. If there is a systematic policy - of recruiting the ablest legal minds in the country . for the lower courts, promotion of the best of these would be at once essential to morale and A logical extension of the practice. * Justice Frankfurter insists that “the correlation between prior judicial experience and fitness for the functions of ‘the Supreme Court is zero.” he séarch for Justices, he has written, shoul e made among those men “who give the best, romise of satisfying the intrinsic needs ef tha ourt, no matter where they may be found, no A Re NPE ¢ G6 OCT 16 1958 | er-in what professional way they ‘tin | ad Tolson Boardman Belmont Mohr Nease Parsons Rosen Tomm Trotter WC. Sullivan . Tele. Roam _ Holloman Gandy é needed qualities.”- The history Court emphatically. sustains the wisdom of 2 fonclician Intellactual eanasity lee oR SRA SE OS VR VPOLILT, sVGl dg Abb LUD ;law, understanding af ‘eur constitutional system t and judicial temperment are far more im ‘portant than -experience in a lower court. iv At the same time it is well to Temembey that -‘most of the. qualities which fit a man for the Supreme Court are also highly desirable in the _ Courts of Appeals. So long as talented lawyers with a genius for untangling legal dilemmas and reconciling the demands of libert¥ and order are appointed to the Courts of ‘Appeals, it is certainty” “no mistake to ddvatice the best of them to the: highest bench. In the years ahead the Justices who have. gone to the Court by this route must expect to have their work. carefully compared with that of the many other Justices who have come oyt of the executive and legislative branch Judge {tewart’s high standing at the bar and _ goad wrk on the bench suggest that he will gife a good account of himself in this competition. Wash. Post and £ Times Herald Wash. News Wash. Star N. Y. Herald Tribune “Nn. Y. Journal- American N.Y. Mirror __ N, ¥. Daily News — N. Y. Times Daily Worker The Worker , New Leader ———— be mh oy Irie Je*-82274 E00 ao NOT RECORDED 133 OCT 15 1958