Monday, Mar. 14, 1938

Success & Successor

"In our rational and sophisticated age, the devil and hell have become very complicated. The true faith is capitalism. Its priests are lawyers and economists. The devil consists of an abstract man called a demagogue." Last year's defeat of Supreme Court reorganization constituted "a way of taking away from a great popular majority the fruits of their recent victory at the polls." The effect of anti-trust laws has been "to promote the growth of great industrial organizations by deflecting the attack on them into purely moral and ceremonial channels."

Sardonic comments like these are fairly characteristic excerpts from a volume called The Folklore of Capitalism which, published last November (TIME, Jan. 3), has since sold 20,000 copies. Author of The Folklore of Capitalism is an irreverent, eloquent 46-year-old Yale law professor named Thurman Wesley Arnold whose previous career included a term in the Wyoming Legislature, legal work for the New Deal as a trial examiner for the SEC, consultant to Department of Justice's Trustbusting Robert Houghwout Jackson.

Last week in Washington the Senate Judiciary Committee, after a month of intensive investigation of its subject, handed in a favorable report on the nomination of Mr. Jackson to the post of U. S. Solicitor General. Not in the least perturbed by the committee's minority view, that the characteristically Rooseveltian opinions Mr. Jackson has expressed in recent speeches and in Committee hearings made him unfit for the job, the Senate heard Nebraska's Norris say that he wished Mr. Jackson were being nominated for even higher office, shortly confirmed him, 62-to-4.

Next day, after the Jackson appointment had thus been crowned with success, it became apparent that the Senate would presently have a chance to investigate another appointee, compared to whom Mr. Jackson is a hidebound Tory. As the new Solicitor General was sworn in. Attorney General Cummings announced his choice for Mr. Jackson's successor in the Department of Justice : Thurman Wesley Arnold.

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