Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-13
Continued From First Page)

announced it was hailed with approval
throughout the country. This approve!
| came from Democratic sources as well
Is Republican.
There was no doubt that supporters
OF the nomination were nervous today
when the Senate met. Reports nad
! come to them Of q number Of Senators
who had been pulled OF by the oppo-
sition. One report was that Senator
King, Democrat, Of Utah, who was ex-
pected to vote for confirmation, would
now be aligned against it. :.
It was estimated by prominent
Democrat, however, that about 10
Democrats would vote for confirmation:
The Republican progressive bloc Will
not be entirely solid in opposition to
Mr. Hughes, it was said. Senators
Pine of Oklahoma and Schall OF Mime
sofa are expected to vote for Mr..
| Hughes.
Senator Nye, member Of the Re-
publican progressive group, in opening
debate against Mr.. Hughes when the
Senate met today, took the view that
there is grave objection to Mr.. Hughes
| return to the bench after he has had
an active participation in politics. The
Senator said 1t may be that Mr.. Hughes
has no further political ambitions, but
| he declared that the nominee left the
Supreme Court once for a political
career.
will he do it again?" Senator Nye
asked. who will venture to say?"
La Toilette Joins in Attack.
Senator Robert M. La Toilette of Wis
conSin followed Senator Nye in the de-
bate in opposition to the confirmation
of Mr.. Hughes. The list Of speakers was
growing with Senators Couzens of Mich
igan, Borah of Idaho, Smith of South
Carolina, Norris and several others ex-
pected to speak against Mr.: Hughes.
Senator La Toilette attacked the uslr-
patton Of power by the Federal judiciary,
declaring the Supreme Court has grad
ually taken more and more legislative
power into its hands. He said that the
court has in a number of instances held
law enacted by Congress unconstitu-
tional, because "a majority of the courts
did not agree with the social and eco
nomic ends sought to be attained by
Congress"
The court has done this, he said, al
though 1t has been frequently held In
the past by eminent members of the
Supreme Court itself that the court
should not declare a law unconStttu-
tional except when 1t was actually re-
pugnant to the terms Of the Constitution
Itself.
1.-THE issues involved in this case"
said Senator La Toilette, referring to
the nomination of Mr.. Hughes, far
transcend the character of the man and
his ability, which, Of course, no one
In the debate has questioned. The
question involved goes to the heart Of
the power usurped by the Federal
judiciary"
Senator La Toilette quoted Thomas
Jefferson In criticism Of the Federal
S.rdf nAass TAE -
usurpation of power by the courts. The
Wisconsin Senator said a study of court
decisions revealed a constant growth of
the usurpation Of power by the
judiciary.
In defending his contention that the
Senate has right to inquire into the
views Of a candidate for Chief Justice
on economic questions, Senator La Fol-
lette declared 1t was justified because
the Supreme Court in recent years
usurped power and put itself in the po-
sition where it defeats the popular will
as expressed in legislation.
Attacks Railroad Decision.
"In view of this situation" Senator
La Toilette declared, will Senators get
up here and question the right of rep
resentatives Of the people to inquire
into the economic and social views Of
candidates for this court?
81 submit to any impartial mind In
this chamber that 4 review Of the de-
cisions Of the last Is years on social
and economic cases viii show that they
have divided, not on questions of facts
and law. but as to whether a majority
agreed with the theory of the legis-
lation enacted"
Senator La Toilette reviewed the part
his father, the late Senator La Toilette,
took in bringing about legislation for
the valuation Of railroads, after which
he attacked the recent decision of the
Supreme Court in the st. Louis and
O'Fallon railroad valuation case. He
said the court held that the Interstate
Commerce Commission had not taken
into consideration the reproduction cost.
He also complained Of the Supreme
Courts decision In the Baltimore street
railway case, in which the court dis
cussed what would be a reasonable re-
turn to the railway company.
Unchecked, that power may chain
future generations in economic bond
age as effectively as chains OF slavery"
Senator La Toilette argued. He said II
the Baltimore railway case was carried
to its conclusion 1t would mean the
commissions"
Responsibility TO Public Cited.
In conclusion, Senator La Toilette
commended that in acting on the nominal
ton the responsibility of Senators Is not
to the President or to Mr.. Hughes, but
to the rank and file Of the citizens Of
your respective States"
Senator La Toilette took the position
that 1T is not sufficient to say ne Is an
eStimable gentleman and an able law
yer" referring to MIR. Hughes. THAT Is
not the issue here"
The issue is whether the Government
| is going to regulate these vast aggrega-
tons Of capital" he asserted.
Nye Opens Debate.
Before debate was resumed today
Senator Glass had read into the record
newspaper editorial which, he said,
sets forth the view held by some Sena-
tors that in recent years the court has
gone far afield from legal questions and
has become court in economics"
Senator Nye of North Dakota, who
opened the debate, devoted more than
an hour to reading an account OF the
career of Mr.. Hughes as set forth by one
historian in history of the Supreme
| Court.
Senator Nye said his first intention
had been to appeal to the Senate to send
the nomination of Mr.. Hughes back to
the judiciary committee for further con-
sideration of questions developed during
debate, but said it was apparent the
Senate would be called upon to act now
on the nomination and he proceeded to
give his reasons for opposing confirma-
| ton. He said it Is not easy to say mo"
| when a nomination comes from the
President that is not pleasing, but he
argued that the Senate has q respon-
sibility equal TO that Of the President.
In expressing his own opinion Senator
| Nye said: I'VE had a right to expect a
| more fortunate choicen