Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1934-11-15
u. S. Supreme Court

A few weeks ago eight black rob-
ed figures walked slowly into an an
cient, chamber in Washin gton, d.
C. They sank down in age-polished
leather chairs while crier raped
his gavel and announced: "Oyez,
oyez, oyez! All persons having busi-
ness before the Honorable the Su-
preme Court of the United States,
are admonished to draw near and
give their attention. God save
the United States and his Honorable
Court"
These eight men-the ninth was
absent for opening day, due to i'll
ness-represent the highest power
in the land. Theirs is the court of
last resort-theirs is the power to
settle. finally and for all time. ar
guments concerning the constitu-
tionality Of laws and judgments.
Their combined age comes close to
900 years-yet, according to observ-
ers. all of them, including famed SS
year old Mr. Justice Brandeis.
patriarch Of the court since the re-
tirement of the venerated Mr. Jus
tice Holmes. appeared to be in ex-
cellent health. Observers also said
that, normally, two or three of the
oldest justices would voluntarily re-
tire-but none, apparently. will do
that; for the present session of the
court promises to be one of the most
and perhaps the most-important
in living memory. On its docket
are some 400 cases, of which about
800 will probably be eliminated on
jurisdictional grounds. Among the
hundred remaining are three cases
which will destroy or revitaliZe
some of the most extraordinary leg
islative-judicial acts in American
history. Two of these cases involve
the power of the Recovery Act to
restrict production. The third will
test the constitutionality of the law
abrogating payment of contracts in
gold. In addition. it is possible
that other cases, now in lower
courts, which involve New Deal leg
islation, will come before the jus
tices before the session closes.
1t seems that every Washington
correspondent is speculating on
what the attitude of the court will
be. No one knows-but there are
grounds for making guesses. The
supreme court does not deal with
ordinary evidence, as do courts of
inferior jurisdiction-it deals only
is constitutional Four members of
the court have. in the past, shown
themselves to be instinctively Con-
servative: Justices Sutherland, But
ler McReynolds, Van Devanter.
Four lean to the Liberal side; JUS
tices Brandeis, Stone, Roberts, Car
dozo. The more or less unknown
quantity is Mr.. Chief Justice
Hughes. who has sometimes been
with one group, sometimes with the
other. Many believe, however that
he is more Liberal than Conserva-
tive-and if that is true. New Deal
laws are likely to stand the acid
test. During recent years more and
more supreme court decisions have
presented five justices on one side
with the other four dissenting
shift of but single member could
revolutionize the general trend o1
decisions.
Whatever the results, decisions O
the court will be final-and they
| will not be questioned. Senator'S
congressman and governors are
damned and reviled; even presi
dents are subject to strong criti-
cism. But the supreme court
whose members, in the words of Mr.
Justice Holmes, "Take the VEIL" il
above such mundane matters. M
other institution possesses the al
most unqualified admiration, respec
and faith of the American people
Shortly after opening. the cour
made a decision which, while it die
not affirm or deny constisutionalit,
of any major administration mea-
sure, is of wide interest 1t threw
out the case of an airline which
held that the government had il
legally abrogated air mail contracts
and refused to review the decisions
of lower tribunals. s.Industrial New.
Bureau.