The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1935-06-03
BORAH DEFENDS
COURT RULING
ENDING MIRA
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on his stand that the Supreme
Courts decisions have returned
the Federal Government to the
"horse -and-buggy days." Senator
William E. Borah said:
"The Ox-cart system may pass
out, under the demand of a
different civilization and of
greater leaders, but they should,
and will, hold a high place at
the bar of history"
In a vigorous defense OF the
Supreme Courts decision holding
the National Recovery Act uncon
stitutional, Senator Borah said;
eff the people wish to wipe
out State lines and consolidate
the Union into one unbrOken
empire they have the power un.
der the Constitution to do So"
WOULD LET PEOPLE DECIDE
"The political philosophy Of
General johnson, Mr.. Richberg
and DIR. Tugwell may supplant
the political philosophy of Gen
eral Washington, Madison and
jefferson. but the only thing
that 1 shall urge is that in the
matter of the change the people
be consulted. 1t should not be
changed in Washington. 1t
should be changed by the people
alone"
e.. The Constitutional pow
ers which have been sufficient
to deal with the great emer'
gencies of the past we still enjoy
unimpaired. and they are
equal to all the demands of a
powerful nation in distress if
faithfully and patiently en-
plOyed. They seem to be ample
now, as they have been at all
times, to sweep away all OBJ
stacIes which stand in the way
of their Constitutional exercise"
Emergency Theory" Raped
Senator Borah noted that in
recent years there has grown up
a theory that when an emergency
exists, or one is declared, the
powers of Congress and the Presi'
dent are enlarged. Declaring this
theory is wholly at war with
American principles" he said:
"A decision of the court
based upon the theory that the
court could consider anything
other than the terms of the
Constitution itself would create
a complete judicial Oligarchy.
at would leave the question
of the extent of power to the
determination of those exercis-
ing pOwer-a complete defini-
ton of despOtic power"
Mr.. Borah assailed the "riotous
power" sought to be given the
President in the recovery act, and
then quoted phrases from a speech
made by Mr.. Roosevelt when gov
ernor of New York that preserva-
ton of State home rule is "a
fundamental necessity if we are
to remain a truly united coun.
try" He added:
STATE INTEGRITY UPHELD
1.-THE integrity of the State
80 ably outlined and defended
by the man who was soon to
become our President and to be
intrusted with the duty of pre-.
serving our free institutions is
the same doctrine embodied in
the recent decisions of the Su.
preme Court now so OadIy mis-
understood or so unjustly de.
nOunced."
The American way, if the Ad-
ministration wishes to amend the
Constitution, is to take the mat
ter to the people for a vote, Sena.
tor Borah said, explaining:
1.-THE constitution of Italy is
the fertile and restless brain of
MusSOlini. The constitution of
Germany is the daring and re-
SOurceful character of Hitler.
The constitution of Russia is the
iron will Of Stain. The COnSti-
tuition of the United States is
the will and character Of the
American people crystallized
into a written document binding
upon rulers and people alike.
Everyone appreciates the Sc
rious tasks facing the Govern
ment now, Mr.. Borah said.