Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-13
Attacking the Supreme Court.

Attacking the Supreme Court.
The assault upon the Supreme Court
Of the United States, delivered In the
Senate Of the. United States, since the
nosninstion Of Charles Evans Hughes
to be Chief Justice was taken up for
consideration, is both astonishing and
unfortunate. The debate, which might
have been confined to the qualifica-
tons OF the appointee of President
Hoover, has gone far afieId. senator
Brookllart Of Iowa said In the Senate,
''The Supreme Court Of the United
states is now divided into two political
parties" He went further and said
that the Supreme Court today repre-
ssntS the only real political division
in the country. Mr.. Brookhaft has
favored the organization Of a new, pro-
gRessive party ever since, or perhaps
even before, he joined with the La
toilette Wheeler movement in 1924.
And now he has discovered that the
formation of such party has been
achieved, not where political parties
are expected to be formed and found,
among the people and the politicians,
hut on the Supreme bench. His only
complaint, apparently. is that the new
progressive party now found in the
membership Of the Supreme court Is
not in the majority. Mr.. BrookhArt
clearly Is not one n those Who would
keep politics out Of the Supreme Court.
Mr.. Brookhart finds that the men,
bers Of this new political division In
the Supreme Court are Associate Jus
tices Oliver wendell Holmes, BTandeis
and Stone. The conservative or 're-
dictionary party Is the remainder Of
the court. 1t would be interesting to
hear what the justices Of the Supreme
Court, particularly those assigned to
Mr.. Brookhart's new political party,
have to say on the subject. The men,
bars Of the court are human beings.
They have been members or political
parties. They are not prevented from
casting their ballots In political cleo
tons. But on the bench 1t Is expected
that they win put politics aside and
determine the cases that come before
them according to the law, not politics.
Yet the plea Of Senator Brookhart Is
that they shall determine cases ae-
cording to politics, ana he proposes that
the party which he supports shall
always have q majority on the court.
This is a strange doctrine to come
from the Senate. or rather from O
Senator Of the United States.
But Senator Brookhart has put more
bluntly just what other opponents Of
Mr.. Hughes have said with more ctr
cnmspection during the Senate debate.
In the final analysis, it Is Just what
Senator Borah Of Idaho, Senator Norris
Of NebraskA and others have said. They
wish the Supreme Court TO be nlted
with men who look IS they do upon
economic questions, and econoanic ,ques-
tons in this country are Translated into
political questions so quickly that the
puzzle Is which came first. II the
method Of considering the nominations
fcr the Supreme Court adopted bysthese
Senators Is continued, It viii not be
long before the Senate Is voting for
or against nominees because they are
Republicans or Democrats.
Indeed, Senator Dill Of Washington
progressive Democrat, In his discus
sion OF the Supreme Court Yesterday
suggested that the time has come for
the people to elect the Judges, rather
than to have them appointed. He
wants the judges responsive to the will
Of the people. II they are not 50 re-
sponsive, he wishes them thrown out
The theory has been that the members
OF the Supreme Court viii be guided
not by the cries Of the multitude ir
cases which come before them, even
though these cries come from q ma iority
OF the people, but by the law, and that
they will deal even-handed justice, ever
though 1t be a corporation that seeks
1t. The theory now advanced is con.
trary to that upon which this Govern
ment Of the United States Is based.
S "0SAAAA8NDh 9GAAOON ALSO o4lC
that the Supreme Court, by its decision,
In cases dealing with public utilities, ha.
helped to pick the pockets Of the people
In other words, he makes Of the court
nothing else than a thief This Is g
severe arraignment Of the country.
highest judicial tribunal.
The attack on the nomination Of
Mr.. Hughes to be Chief Justice has be.
come more and more question Of poll.
tics. And it is because of politics tina
the opposition has been able to roll VI
something akin to q SNOWFALL. A franl
plea to the Democrats Of the Senate Il
align themselves against MIR. Hughes a.
Democrats was made by Senato
Wheeler Of Montana. He warned tn,
Democrats that their party would neve
be considered a progressive party Of tn
people unless they voted as a part,
against such nominations as that o
Mr.. Hughes. He pleaded with his col
leagues to win partisan favor with tn
people BY opposing Mr.. Hughes nomina
ton.