The Birmingham age-herald., 1924-12-28
SOLICITOR BEcK,s PROPOSAL

James M. Beck, solicitor general of the United States, speaking as guest of honor at the Pennsylvania Society dinner in New York recently on "The Problem of the Supreme Court" suggested it would be in the interest of public policy for the country's highest tribunal of justice to give advisory opinions in advance of lit igation under certain conditions.
 His proposal was that when congress by joint resolution signed by the presi- dent should request from the supreme court an advisory opinion on proposed legislation, the constitutionality of which is in doubt, the court should comply. He said the courts power to refuse such aid cannot be questioned and it must be left to the discretion of the justices whether they would comply with the request of congress. Aid should not be declined, he said, when a clear question of the power of congress to do a certain thing was involved in concrete case and the pro- posed law was not political issue in the partisan sense.
 He did not suggest any new law to &C., complish this result and cited an instance Iof 100 years ago, when President Monroe asked the supreme court. for advice as to the power of the federal government to make appropriations to be expended wholly within one state. The court, he said, for the first and only time in it's history, authorized one of the justices to advise the president as to it's views, which in this case was favorable.
 "I recognize that the constitution i'm poses no duty on the court to give such advisory opinions" MT. Beck continued, "but it does not forbid such useful CO., operation, and the great end of our con- stitutional development should be to bring the three departments into closer CO., operation, and not widen the gulf that now separates them"
 The solicitor generals proposal came, says the New York Times in its report of the proceedings, as the peroration of speech that had been devoted to a dis cussion of the supreme courts place in the governmental system, which he said was inspired by consideration of the at tack on the court in the last election by Senator La Toilette.
 The proposal seems simple and easy to be carried into practice, but the su- preme court may and probably will, de- cline the office, explaining that 1t should not form and express opinions upon sub- JeCCS lHlOrHldlly pEeSShCSO Io Aeo AAoIlIC The court undertakes to act only after what may be termed judicial hearing and may be of opinion that action upon 8 lesser showing is beyond its province. Congress, however, is not without re- course; for it could create a committed with instruction and authority to con- slider and give judgment as to the legal ity of all bills offered for passage. Ii is true such judgment would not be fina as to any bill, for after its passage il would still be subject to consideration or appeal to the supreme court; but the same would be true as to bills submitted to the supreme court for opinion priol to their passage. The supreme court cannot by it's own act relieve itself ot the duty of passing in formal manner upon the constitutionality of acts of con gress.
 A committee of the kind, however would be of much service, in pointing tC defects in proposed legislation and il .lessening the number of congressiona acts that are condemned because of un constitutionality. The proposers of leg islation are not likely to persist in th'