Evening star., 1923-04-03
CAPITAL KEYNOTES
BY PAUL Y. COLLINS

Senator Fess, republican, of Ohio,
who has always been rated as a con-
servative. comes forward with a pro-
posal to limit the powers OF the SUI
preme Court SO that 1t will require
a vote Of six justices out Of the nine
to declare a law unconstitutional. He
claims that that would stop the one
man power, under which some i'm
portant legislation has been set aside.
by vote Of five to four justices. and,
in some cases, reaffirmed as constitu-
tional later when a new justice sue
tfce succeeded to the bench.
The power Of Congress to control the
acts OF the Supreme Court in this way
rests upon the provision of article 3,
section 2, which provides that in all
cases in which ambassadors, minis
ters. consuls or a state is q party
the Supreme Court shall have origi-
nal jurisdiction. "In all other cases
before mentioned the Supreme Court
shall have appellate jurisdiction, both
as to law and fact. with such excep-
tions and under such regulations as
the Congress shall make"
Clearly, then. Congress may make
such regulations as 1t deems proper
limiting the appellate power Of the
Supreme Court.
Ihat Is very different proposition
from the idea advanced by Senator
La Toilette, that in case the Supreme
Court shall nullify a law as being
unconstitutional, then Congress NAV
repass that law. much as it is now
empowered to override a presidential
veto. In that case it would stand
as law, regardless OF the Constitu-
tion. That would be an enlargement
OF the powers OF Congress as well as
q curtailment of the powers of the
Supreme Court, and, as held by law
yers, would not be possible except
through constitutional amendment
Senator Fess contends that the La
Toilette proposal is vicious"
y 4 = X
Some pessimists of the churches
have bewailed the coming OF the
automobile. the wireless telephone
and general amusements, which, they
interest away from church attend
snce. The statistician of the Coun-
ell OF Churches reports that during
| the last year the churches have had q
| net increase OF 1.22e,42S members
an average of 3.346 increase Of mem
bers daily. The total church mem
bership now is 47461,15s. which is
| nearly half the population Of the
country.
| The use of wireless telephony for
| broadcasting sermons and church
| services. instead of drawing people
, away from church attendance, is
| found to arouse interest in churches
| and increase the local attendance.
| Who can say but that the automo-
bile has not been unjustly accused of
| being anti-church in its influence?
1t certainly takes less effort to over
come the inclination TO stay at home,
| when one may ride comfortably to
| church. than if the trip meant a long
walk or an uncomfortable street car
| ride.
! Whatever may be the causes of the
growth Of churches, the fact stands
and il suggests that the churches are
| fulfilling q popular want. In some
\ denominations the tendency appears
to trend toward consolidation-fewe
but larger and better churches.
| Even with the preliminary scratch
| ing Of the surface, the current in
vestigation of the Veterans Bureau
| by Maj. Gen. Organ and his staff,
on behalf OF the senatorial commit
tee, is discovering wild extrava-
gance and irregularities in the spend
ing OF hospital moneys, inefficiency
in the rehabilitation division and a
general failure effectively 20 carry
out the government program Of aid TO
1 the disabled veterans" There appears
! to have been gross negligence in
4 ;rc~ l;oL~
by the bureau" says Maj. Gen.
tO'Ryan