Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-12
.D|LLLEADSATTACK
:ONNAN|NG HUGHES
Urges "Senate Rise in Mai.
eSty of Power" and Decline
Confirmation.
Continued From First Pasa.)

to be considered In selecting our
JudgeS?"
Senator Dill said that as young man
he had approved what Hamilton said
about keeping the judiciary free from
all influence, and that he had approved
on that account the appointment OF
judges for life.
But, as the years have gone by
continued Senator Dill, land 1 have
observed the decisions of the court re-
writing the law, I have changed my
view" He said that the election OF
judges in some of the States had the
merit of compelling judge to submit
his decisions to the approval OF the
people.
"I have become sick of a sacrosanct
judiciary" said Senator Dill. Il no
longer think of the judges as different
that the people have in passing upon
appointments to the Supreme Court is
In the Senate"
Attacks Administration.
Senator Dill said that it was not
necessary in order to be a good lawyer
to be engaged in corporation practice
to the extent that Mr.. Hughes has been
engaged. He said that there were men
on the supreme bench who had not
been SO engaged, although there were
too few of them. Turning his atten-
ton to the Hoover administration, Sen
ator Dill said that it might have been
expected of President Hoover that he
would appoint a man who held the
belief of Mr.. Hughes. Senator Dill
said that men must be placed on the
Supreme Court who hold economic
theories that are fair and just to all
the people and not of benefit merely
to the interests.
Senator Walsh of Massachusetts,, a
Democrat, interrupted to ask Senator
Dill if the election held yesterday in
the second congressional district of
Massachusetts, had not been a protest
against the leadership in Washington
on economic matters. The Democratic
candidate for Congress defeated the Re-
publican in that election.
Senator Dill covered at length the
views of Mr.. Hughes on the General
Electric case, in which, Dill declared,
put into operation acquires property
right of which 1t may not be deprived
: without compensation.
He argued that this was nothing more
or less than the doctrine of "sQuatter
sovereignty"
Cites Radio Control.
Senator Dill declared that every other
great resource in this country has been
b0hCA ONCI p9 pIlHdGc anu
that the same thing would occur with
regard to the radio channels of the air
II the theory of Mr.. Hughes should be
upheld.
Senator Shortridge, Republican, of
California, interrupted to say that he
thought wrong Interpretation was be-
ing placed on the term property
rights by those opposing the nomina-
ton of Mr.. Hughes.
When Senator SbortridCa ipterr,Irtad
Senator Dill few moments later, SEN
ator Dill said he presumed that Senator
Shortridge was favorable to the nomi-
nation and said he wanted to remind
the California Senator that his State
had voted against Mr.. Hughes for Pres
tdent in 1916.
Senator Shortridge replied that he felt
warranted in saying that he is repre-
senting the mature judgment of the
people OF his State in the consider
alton OF this case. He added that the
1915 election had nothing to do with
the pending question. Senator Short
ridge predicted that the people Of Cali
forn1a would vote by half a million TO
put Mr.. Hughes on the bench.
Brookhart Joins Attack.
Senator Brookhart of Iowa, Repub,i-
can progressive, followed Senator Dill
IN the attack on the Hughes nomina-
ton. He divided the Supreme Court
justices into two parties One, the pro-
greSsive party, he said, was headed by
that grand old humanitarian, Oliver
wendell Holmes" and included Justices
Brande1S and Stone. The other menu
bers OF the Supreme Court, he said,
belong TO the conservative, or reaction
airy parties.
The division in the Supreme Court"
sAlo Senator Brookhart, represents the
real political situation in the United
States today to a greater extent than
any other alignment. When we vote
on this nomination of Mr.. Hughes we
viii determine whether the progressive
group will be added to or not. There
Is no logic in the alignment of the
political parties today. They are d.
vlded IN name and then redivided and
Subdivided in principle"
Senator Brookhart declared that it
was case of property rights against
humanity. He declared that property.
represented by various blocs and inter-
ests, was obtaining the attention of
the supreme Court. He said that these
bIocs OF property represented one-fourth
OF the capital of the United States. and
mat through decisions of the Supreme
Court these property blocs were getting
one-half OF the net income of the
United States.
Divided Into Two Glasses.
THE American people are divided
INTO two classes" said Senator Brook
who must serve"
He insisted that through the opinion
OF the Supreme Court the public utility
corporations are given the right to
produce net returns, which are twice
what the American people can earn,
when the rates of return are considered.
Inc supreme Court, he said, in a re-
cent decision in the Baltimore street
car case declared that the corporation
must have such return and that the
establishment Of lesser rate would be
conhscation.
THAT is monstrous idea" said Sem
ator Brookhart. THE court itself be-
comes the greatest confiscator of prop
erty IN the world, under such condi-
tons"
Senator Brookhart devoted a con-
siderable part of his speech to discus
sion OF decisions of the Supreme Court
In the early days of John Marshall
The Iowa Senator said that the setting
aside of acts of Congress by five-to-
four decisions in the Supreme Court
has created a situation that lis unreal
sonable." He said the trainers of the
Constitution failed to say where the
final authority should rest in passing
on law and that there has grown UP
gradually from early decisions the prac-
tice OF setting aside acts of Congress
in the court.
Pulling Democrats Out Of Mud.
Senator Brookhart. in reply to cues
tons by Senator Tydings of Maryland
as to why he had not supported former
Gov. Smith of New York for President,
whom Tydings described as more pro-