The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1923-05-18
'PROGRESS|VES
PLAN To PAD
COURT
LincoIn's Method Now Seen as
Easiest Way to Curb Dis
puted Power.
BY WILLIAM HARD.


checked and undiminished. Even II
the ''Progressives" who are now de-
handing a curb on the court should
get two-thirds majority in Con-
gress, they would not curb the
the court. They would reach their
ends by shorter and surer route,
Such were the findings of an in.
quiry made today on Capitol Hill
in view of certain speeches made
in the National Conference of
Social Work. .,.
WOmen's Wages Cut Half.
Mrs. Florence Kelley, general
secretary of the National Con
sumers' League, said that the
recent decision of the Supreme
Court against minimum wage legis-
lation had resulted in cutting the
wages of many women workers in
Washington by one-haf and she de.
clared that the paramount question
for social workers today in America
is as follows:
How can the United States Su.
preme Court be modernized to meet
the needs of industrial life in the
United States at the close of the
first quarter of the twentieth
century,"
Members of the conference. dis.
cussed the various plans brought
forward by Senator Fess of Ohio,
Senator Borah of Idaho and Sena-
tor La Toilette and Congressman
Frear of Wisconsin, for multiplying
or moderating the power of the
court over the constitutionaIity or
unconstitutionality of new laws.
Protests Are Wasted.
Meanwhile. torrents of protests
against all such plans were received
in Washington from the National
Association of Manufacturers, from
Chairman Hooper, of the Railroad
Labor Board. and from numerous
other influential and alarmed or
CARNATIONS and individuals
Inquiry on Capitol Hill, however,
showed that their alarm is a waste
of time; or. at any rate, it showed
that it is headed in a wrong direc-
ton.
A Senator who summed up the
prevalent view of the situation, as
seen and known by political insid-
ers. remarked:
"Of course, every project for any
thing will be welcomed as theme
of debate by those in both houses
debate on anything rather than any
action on such politically difficult
propositions as the world court.
Congress is full of gentlemen who
would rather debate the Supreme
Court than vote on the world court.
Padding Is New Plan.
But that is just exactly as far
as 1t will go. No plan for curbing
the Supreme Court will pass. The
National Association of Manu-.
facturers is using up a lot of, good
anxiety on the wrong spot. If
anything happens to the Supreme
Court, it will not be curbing. 1t
will be padding"
Inquiry in progressive" circles
revealed what this Senator mea Mt
by padding" The shrewdest PRO.
gressives." it can be confidently
stated today, have no intention
whatsoever of stalking their pro.
gressive" future on any Constitu.
tlonal amendment for restricting the
powers of Supreme Court judges.
They have dragged out of Ameri-
can civil war history scheme
which they like very much better.
The historical storm-center of
the whole controversy, it was
pointed out today, Is Abraham
Lincoln. Mrs. Kelley today in.
voked the memory of Abraham
Lincoln when she denounced the
Supreme Court minimum wage
decision as "a new bred Scott
decision" Lincoln, it is remem.
bered, denounced the bred Scott
decision in terms OF the most
extreme "radicalism," saying:
Lincoln as Model.
III the policy Of the Government
upon vital questions is to be fixed
by decisions of the Supreme Court.
the people will have ceased to be
their own rulers"
A month ago the "Progressives" In
Washington were going along with
Lincoln to that point. Today the
political fact is that they have read
book about the history of the Su-
preme Court and have gone along
with Lincoln one step farther.
Lincoln, as President, it is now
noted, did not curb the Supreme
Court. He simply increased it's mem.
bership by act of Congress and ap.
pointed new judges who were known
to agree with his administration on
various disputed subjects, such as
the legality of the blockade of the
ports Of the South and such as the
suspension of the writ of habeas
corpus.
1T is the same thing all over
again. said an authoritative PRO
gressive" spokesman today. Lin
coin out of office denounced the Su-
preme Court. In office he made his
own Supreme Court. That is what
the present 'Progressives' will do.
Simplifies Program.
In order to curb the Supreme
Court by means of a constitutional
amendment, the 'ProgressiVes would
need to have a President and a two
thirds majority in both Houses of
Congress and a majority in each of
the legislatures Of three-quarters of
the States
I'm order to increase the mem.
bership of the Supreme Court, they
would need only a President and a
majority in each House Of Congress
They would therefore be able
to pad and pack the Supreme Court
long before they could curb it and
when they had got it padded and
| packed their way, they would not
want to curb 1T; because 1t would
be already theirs and deciding their
L way.
"All this worry backwards and
forwards therefore about shearine
the court of it's Constitutional pow.
ers 10 idle worry over scissors
which will never be used. We will
Il | 81