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Show Illllllimmi the ENTERPRISE For nearly three decades, the late, controversial Willis W. Ritter was either the sole or the chief federal district judge for Utah. He died some weeks ago, our Congressional delegation appointed an 11 member Judical Selection Commission to screen applicants for his as is evidenced by all five finalists post, and nominated to the President the Commission determined that virtually every aspect of would expire with him. -- Rit-teris- m From his 1949 appointment on, Ritter provoked severe contention. His temperment was passionate, biased, personal, mecurial, petty, and imperious. Best understood as an Elizabethan figure, his behavior brought to mind Winston Churchills descriptions of Elizabeth Regina herself: Quickness of mind; liveliness of repartee; fits of melancholy, which alternated with flamboyant merriment and convulsive rage; and often brazen and even coarse in manners and expression. In his last years, Ritter became something of a national celebrity. CBS's Sixty Minutes accorded him a segment. Joseph C. book, The Benchwarmers, Gouldens 1974 corded his bad temper... fired by age and labeled him ecumenically mean, whiskey, Positively offensive re- and noted his judicial whiffleness. Goulden quoted a California attorney who called Ritter the meanest son of a bitch east of the Pacific Ocean, and a Ralph Nader study group which observed his dubious distinction of being one of the few district judges ever to be removed from a case by a Supreme Court opinion. Based upon its recommendations, the Commission strived (perhaps too much so) to avoid another Ritter. It perceived the five lawyers and judges it nominated to be patient, tolerant, constant, moderate, and fair. Accordingly, those applicants who had been Ritters buddies at the bar fared badly, as did those who had engaged in recent partisan political contests and those who bore a reputation for minds moulded by incessant advocacy. It does not surprise, therefore, that those who championed Ritter in life would denigrate the Commissions product. To the extent it rejected Ritterism, it blackened them. Hence Enterprise columnist Parker M. Nielson-w- ho once editorially lauded Ritters obdurate avoidance of judicial precedent twice (May 8, 22) pilloried both the Commission and its nominees. Lesr understandable are Nielsons expressed :io,,.ds, for he knows as well as I that the pub. shed guidelines for judicial selection treated to a During the past week Utahns were positive thinking rally, featuring, among other motivational experts, radio commentator Paul Harvey. I certainly am in favor of positive thinking, even if it is derived from the dubious religious revival atmosphere of these events sponsored even though it is for the monetary gain by Humaneering, Inc. of its principals. Nevertheless, the inclusion of Paul Harvey in such a program raises serious doubts. I have been exposed to Paul Harveys brand of positive thinking for many years now, albeit against my will. It seems that my favorite radio station puts him on the air at times when it is inconvenient to follow my urge to flip the reject switch, such as during my morning shower, my lunch break or while caught in rush hour traffic. A classic example is Harvey's positive thinking approach to the proposal of establishing a government agency to condemn the Snail Darter to extinction, for no reason better than it got in the way of someones plan to build a dam. Harvey, who professes to be opposed to all forms of bureaucracy, nevertheless, applauds this scheme. He says the Snail Darter just doesnt matter, because more than 50 species become extinct every century by natures process anyway. With such positive thinking we can say goodbye to the majestic Golden Eagles, Whooping Cranes and California Condors, not to mention the once mighty Grizzly Bear or Elephant Seal, along with countless other protected or endangered species. The century may come when nature falls one short of Harveys quota, and presumably man must then exterminate himself--i- f others. a -- 7 1 1 pragmatic dogmatics The Ritters, the anti-Ritter- s, and judicial selection by Kent Shearer federal practice requirements as to sitting judges. Lest this column be misconstrued, a caveat is in order. So far as I am aware, the Commission (of which my wife was a citizen member) adopted no formal or informal criterion nor did it consciously disqualify Ritter cronies. Moreover, few if any individual Commissioners prevailed as to all, or even the bulk of, their personal preferences among the applicants. Rather, the consensus of their whole achieved the objective result here identified and analyzed. The Utah federal bench unquestionably will be less colorful absent Ritter and Ritterism. Whether it will better serve the public weal remains to be seen. waived anti-Ritt- er he has not already fallen victim to the expediency of With such positive thinking, extermination camps such as Auschwitz might have been converted into noble experiments and Dr. Mengele a hero. And Harveys positive thinking is not confined to environmental issues, nor are my objections confined to moral values. His rasping voice expresses thoughts so out of step with time that it is painful to listen, particularly as his captive. Take his recent revelation, delivered in solemn tones suggesting that he had solved one of life's great mysteries: that sex therapists are coming around to the conclusion that men think themselves into impotence. Masters and Johnson, and hosts of others who have demonstrated sex to be a mental function scores of years ago were evidently expounding in the forest where Harvey could not hear. Billed at these rallies as a flag waving, super American, his concept of Americanism is exemplified by that well known institution to the south, which is one of his more frequent forums, and where individual expression, personal styles, speech and entertainment are suppressed as in a concentration camp. 1 know a great deal less about the other motivational experts featured at Messrs. Handick and Coopers rally, but if Paul Harvey is any example, my advice is to save your contribution to the five and six figure income it will help generate for them as its sponsors. Better positive thinking you could get at the monster movies. And in conclusion, Mr. Harvey, good-diar- y |