Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-12-23
MORE CONFIDENCE
IN SUPREME COURT
is URGED BY BECK

NEW YORK, Dec. 2O.-Now that
presidential campaign proposals to
curb the powers of the supreme
court have been stricken by the
lightning Of public Indignation, it
is all important that public conf
Idence in the court be strengthened, ="
James M. Beck, solicitor general of
the United States, told the Pennsyl-
vania society, in annual session at
the Waldorf Astoria, tonight.
Mr.. Beck suggested two days of
attaining the desired end; First, the
resurrection of such public interest
in deliberations of the supreme
court as was manifested a century
ago; second, the creation of a CO.
Operative arrangement between the
court, the executive and the legis-
lative branches of government,
whereby preliminary opinions upon
the constitutionality of proposed leg
islation might be handed down. to
Save such legislation from later
branding as unconstitutional.
A real crisis in the life of the SUI
preme court was survived in the last
ELECTION when "a distinguished SEN
ator made his chief objective the
impairment of this balance wheel of
our governmental machinery, ac-
.cordinG to Mr.. Beck.
Like Dagon. in the Old Testa-
ment," he said, the La Toilette
party put an impious hand on the
lark of the covenant, and like Dagon,
lit was stricken by the lightning of
public indignation"
-Four Million Dissenters
Nevertheless, Mr.. Beck pointed
Iout, 100000 citizens supported La
Follette's proposal, and such a dis
sent to vital part of an inStitu
zion cannot be ignored by thought
full men, for nothing is more certain
than that. this is not the last as
Isault upon the supreme court"
Greater public interest must at
tend the courts deliberations; the
court itself must cease becoming
more and more a monastiC institu-
ton and it's judges must not he
expected to he political recluses. -
said the solicitor general.
AS evidence that the lCUrt haG
once been the republics greatest
forum of intellectual discussion. -
whose doings were widely reported
by the newspapers and Just as wide
ly read, Mr.. Beck cited the steam
boat case" of century aEO. involv-
ing the right of New York state to
grant monopoly of tnn r-ght Of
navigation over the waters of the
Hudson river
BY way of contrlst, Mr. Beck told
how last he argued for two days
before the supreme court 4 case
of similar nature, in which the gov
eminent sought to restrain the city
of Chicago fl ON diverting into the
Mississippi watershed S64 900 ,00o
cubic feet per day of Lake Michigan
waters.
I Few Paid Any Attention
at was a clash of gigantic inter
ests," he said. Hundreds of nil
lions of dollars were involved. Vet
not an eastern newspap per 1ppar@ 1t
ly made the slightest reference t.
this notable case
In submitting his second suggcs
ton for strengthening ublic inter-
est in the supreme con-, .Ir. Peck
said:
IF congress. by a ioint lesolu-
quested the court to give an ad-
visory opinion as to whether a p"o-
posed law is within the competence
Of the government, is it clear that
the court should decline its a1I?
Il recognize that if a bare ma
iority of congress could THUS drag
the supreme court into any current
political controversy. is prestige
would be in danger. But If congress
of both parties, sincerely dubious II
their power TO pass 4 Jaw, could
by a resolution passed. by a largely
preponderating majority OF congress
say two-third5 and signed by the
president, request such advice, ] am
not SO clear Is others are, that such
an advisory opinion. under great
circumstances and resting solely in
the discretion of the court, would
be prejudiciaI either to the govern
ment or the country"