The Washington times., 1935-12-14
New Sapping
Expedition
Launched
By James T. Williams, Jr.

| NAdl NC Va bAAO oAC law OCIIOOlo
a recent critic Of the Supreme
Court of the United States, had a
hand in the fantastic proposal Of
Senator Lonergan of Connecticut
to set up q second" Supreme
Court, Mr.. Lonergan has not yet
revealed to the public. He simply
says that among those" whom
he consulted about this scheme
were several university presidents
and several law professors at
Yale, one of whom was DR.. Clarke.
Mr.. Lonergan halls from the
home State Of the Attorney Gen.
eral Of the United States, Mr..
Cummings, and was an unsuc.
ceSSful candidate for the United
States Senate about the time that
Mr.. Cummings was chairman of
the Democratic national commit.
tee. This leads to the belief that
Mr.. Cummings may have been
among those whom Mr.. Lonergan
consulted in the formulation of
his proposal.
Should Congress adopt this pro-
IpoSal the President and a major
ity Of the two Judiciary Commit.
tees of Congress would select the
nine members of the second"
Supreme Court who would pass
upon the conStitutionality of all
legislation before case brought
by a citizen was submitted to the
Supreme Court.
SUBTLE SCHEME
OF the many schemes to coerce
the Great Tribunal" established
by the Constitution the Lonergan
scheme is the most subtle. It
would supplant the Judiciary Com.
mitteeS of the two houses of Con.
gress as the agents of the Con.
gress in the study of constitu.
tional questions.
1t would supplant the Attorney
General of the United States as
the chief adviser of the President
upon the conStitutionality of legis.
lat1on recommended by him. It
would enormously increase the
power Of the President to mobilize
public sentiment against the Su.
preme Court. It would also en-.
able him to handpick subservient
Federal judges who had shown by
their service on his second" Su.
preme Court that they could be
counted upon to "go along with
him" in upholding the constitu.
tlonality of any legislative pro.
posal concerning the constitution.
al1ty of which he wished Congress-
10 disregard reasonable doubt"
Suppose the Congress should
aoopt the Lonergan proposal and
tne Lonergan second" Supreme
court OF nine members should
take over the impressive Supreme
Court chamber in the CapitcI
early next year. 1t is not unrea.
Sonable to suppose that Prof
Fenx Frankturter, the Harvard
radical, would be one of the
members Of this new body and
That he would handpick the Re
publican who would be the other
Presidential appointee.
The majority members of the
judiciary committee could then
select as their four representa-
tlVeS those members of the two
Houses who are already on rec.
ord as favoring Administration
proposals Of doubtful constitu-
tionality.
Then the three Federal judges
to complete the membership of
the Court could be selected from
those who have shown by recent
opinions that they are in favor
OF New Deal legislation declared
by the Great Tribunal" to be
unconstitutional.
The more the Lonergan pro-
poSal is examined the more it
appears to be the latest blow in
a sapplng expedition to weaken
the independence of the Supreme
Court, increase the power Of the
PRESIDENT and political majority
in Congress and thereby under
mine what cannot be directly
overthrown" in the American sys-
TEN of government.
A SAFEGUARD?
1t will be interesting to see what
such able constitutional lawyers
as Senator Borah of Idaho, Sena-
tor Austin of Vermont, Senator
George of Georgia, Federal Judge
!, McDuffie Of Alabama who re-
; Gently retired from Congress, and
another former Congressman of
i, great ability y-the Honorable
; Swagar Sholey Of the District OF
. Columbia and the State Of Ken"
/. tucky-really think of the extra
: ordinary proposal OF Senator
Lonergan.
:, This scheme would interpose
: the judgments Of a handplcKeo
second" Supreme Court between
the petitions of citizens appealing
: for their rights and "the Great
! Tribunal established by the Con-
u stitution to safeguard the constr
t tItional rights of every citizen.
> In a speech at Galena, III, Au'
gust /, 1856, Abraham Lincoln
e said: