Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-14

ton, even If it means rewriting the
Constitution.
This is not said in threat" said Sen
ator Dill, but in warning. The Su-
preme Court will be in politics depend
ing upon the judges themselves. This
thing has started and nobody can stop
it." He pointed out that constitu-
tional convention to rewrite the Consti-
tuition or to write new Constitution
could be called through action of two
thirds OF the States, and he added that
no one knew what would be done to
American institutions If such a con-
vention were called.
Senator Vandenburg announced a
~counter-philosophy of far greater i'm
portance" to the philosophy of those
Senators including Senator Dill who
have sought to impose upon the Judici-
AIRY the opinions of the legislature.
Nothing New About Issue.
1.-THE Senator from Washington speaks
as though the issue were new" said
Senator Vandenburg. There Is Moth
ing new about it. 1t is the same at
tack which has been made upon the
divided powers of our Government in
the United States for lao years. 1t is
only a new phase of an old question;
the effort to force the Judgment of the
legislature on the judiciary. The Sen
ator from Washington referred to the
bred Scott decision. Abraham Lin
coin, although he did not believe in
that decision, said it was better to
yield to it than to resort TO revolution
The independence of the judiciary Is
far more important than any transient
question which may arise"
The Michigan Senator said that the
Federal courts had stood in the days
Of reconstruction as ulwark against
the establishment of complete mill
tarism in the South. He said that when
the majority in Congress had been
unable to gain its end in those days
1t had sought to pack the Supreme
Court by increasing the number of
members of the court. He said that 1t
had also sought to reduce the number
of judges to gain that end.
Those Senators who believe in the
independence of the judiciary and who
have taken the position that the Senate
must pass its judgment onto the
Supreme Court in economic questions
are not CONSTANT" he said.
Dill Quotes Lincoln.
Replying to Senator Vandenberg SEN
ator Dill insisted that Lincoln had said,
1--WE can change the judges of the Su-
preme Court" in order to get proper
opinion in connection with the bred
Scott decision. Senator Walsh of Mon
tana denied that the Supreme Court
had stood against military rule In the
South during reconstruction days and
said that Georgia had appealed in vain
to the court for relief at that time.
Senator Vandenberg replied, however,
he was confident he could find instances
where the Federal courts had helped
the South during reconstruction days.
Senator Norris of Nebraska insisted
that the issue which has been raised
In connection with the debate On the
Hughes nomination will not down.
This ghost will be like BanQuo's
ghost" said Senator Norris, land will
return until the people get absolute
Justice This tendency of the courts
to write law is a living thing. Manv q
poor laboring man today Is behind the
bars, sent there by judges and without
a jury trial. 1t is the tendency OF the
Supreme Court to legislate that has
been attacked on the floor OF the Sem
ate. Not for years has there been open
criticism Of the Supreme Court. We
have made idols of the members of the
court. man who criticized the SUI
preme Court was himself subjected to
criticism. No one on this side has tried
to make this personal issue. The
Presidents of the United States, In max
appointments W IIlc supreme SOuAG
have considered the economic views OF
their appointees."
Should Consider Views Of Man.
Senator Norris said there was every
reason why the Senate of the United
States In passing upon these appoint
ments should give consideration to the
economic views of the men appointed.
Senator Norris next declared that
there is nomination pending now of
"a railroad attorney to be a member
of the Interstate Commerce Commits
sion." The Nebraska Senator said that
man may turn out to be absolutely
perfect on that commission" but the
Senator said he did not believe in
selecting railroad attorneys to pass on
railroad matters.
Senator Tess, Republican, of Ohio,
interrupted to suggest that 1t should be
considered that when a man assumes
a public office he may have an entirely
different attitude than when he was
an advocate.
A discussion of the earnings of some
Of the public utility companies in the
District of Columbia was injected into
the debate in connection with what
had been said previously about court
decisions on rate of return.
d. c. Traction Firms Cited.
Senator Mcclellan. Democrat of Ten
nessee. asserted that the street railway
companies in Washington, after begin
ming in small way, have gradually
increased their rates and their incomes
He declared that they have placed some
of their income in the capital account,
which, he said. goes into the rate base.
Mr. Hughes will take ONCE on Mon
day, February "a, becoming the eleventh
Chief Justice of the United States.
A fiery, four-day denunciation of the
distinguished statesman and jurist as
the very personification of the spirit of
"big business" ended last night in a vote
of So to 26 for confirmation of his NOM
nation, The roll call follows:
FOR CoNFIRMATIoN-5a.
Republicans-3S.