The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1923-04-10
PrOgressives to Seek
Limiting of u. 8. Court
BY Action in Congress
BY VIM. X. HUTCHINSON.



Progressive circles in Congress
mands for a. Constitutional amend
ment designed to curb the present
unlimited power of the United
States Supreme Court to declare
legislation unconstitutional by the
barest of majoritieS.
Congress Aroused.
The latest decision, overthrowine
the women's n1inimuu1-wage law,
follows closely on the heels Of an
other famous decision declaring the
child labor law unconstitutional. In
the child labor case 1t was flve.to.
four decision: in the minimum wage
case II was five to three, and only
the fact that Justice Louis D
Brandeis refrained from voting
prevented 1t being another five.to-
four decision.
Both these decisions have aroused
congressional ire to a point where
legislation to limit the courts power
is virtually certain Of introduction
in the next Congress.
Senator William e. Rorah rep.
OF Idaho. told the international
News Service today that as soon
as the next Congress conyenes he
will introduce a bill compelling q
before II can declare an act Of
Congress unconstitutional.
La Toilette Has Plan.
Another plan, sponsored by Sena.
tor La Toilette (Republicanl of Wis
consin, would give Congress the
power to re'enact laws by a two
thirds vote over an adverse deci
sion by the Supreme Court. This
plan, necessitating a Constitutional
amendment, would give Congress
the same power to override the
Supreme Court as 1t now possesses
in setting aside a Presidential
veto
I'm going to study fully this
latest decision of the Supreme
Court" said La Toilette today. lit
raised another serious question and
when have completed study OF
all the courts adverse decisions,
shall have something to say"
A third plan, proposed by Sena.
tor Tess Republican, of Ohio.
would require two-thirds vote Of
the nine Supreme Court Justices
to make effective any decision hold.
ing an act Of Congress unconStitu.
ttonal All three plans drew ardent
supporters today as result Of the
minimum wage decree.
This seems In effect to be an
other 5-to-4 decision said Borah,
"on an exceedingly vital question.
OF course while II was actually
8 to 8, in all proba bility If the full
court had voted, 1t should have
been to 4. The 5.to-4 decisions,
Of course, technically have the same
effect as an unanimous decision.
but I doubt il the wisdom Of per.
hitting a law. which has been ap.
proved by both branches OF Con.
gress and by the Chief Executive.
to be overruled by one vote on the
Supreme Court can long commend
itself to the American people.
Confidence Is Shaken.
There have been some seven or
eight vital constitutional questions
in the last few years determined by
6'to'4 vote OF the highest court.
Such record shakes the conf.
dence Of the people in the machinery
Of the Government ] feel that the
remedy for this---if it is in our
power TO do it and ! believe il is-~
is to provide that in all questions
WHeTe the conStltut1onaltty OF an
act OF Congress or of a State leRis.
lature is involved, II should be
necessary TO have seven members
Of the court join in the finding Of
unconstitutionality before the law
becomes unconstitutional
Il am going to reintroduce NV
bill to amend the Constitution IN
this respect as soon as the new
Congress conVeneS."
The movement was given addi,
tional impetus by farm bloc" Sen.
ators who looked upon the mini,
mum wage decree as closing the
door to price fixing legislation. A
half-dozen bills to stabilize wheat
crop conditions by fixing minimum
prices were pending when Congress
adjourned in March and will he re-,
introduced in the next session.
BY MISS ETHEL NJ. JOHNSON,
Associate Commissioner. Department. Of
Labor and Industry. Commonwealth
Of Massachusetts,.
Written for Cosmopolitan News Service.
BOSTON. April 10.-If 1t is Con.
stitutional to protect the workers