Evening star., 1935-02-20

Now that 1t can be told, there was
an amazing consensus at Washington
within the administration, in Con-
gress and among lawyers-that the
Supreme Court would divide on the
gold clause cases exactly as 1t did.
The preponderant prediction was that
the three liberals" Justices Brandeis,
Stone and Cardozo, and the middle
of-the-roader," Justice Roberts, would
sustain the Governments contentious;
that the conservatives" Justices Van
Devanter. McReynolds, Sutherland
and Butler would dissent, and that
Chief Justice Hughes. siding with the
pro-Government group, would cast the
deciding vote in support of the New
Deal. All of which happened. Some
authorities, never doubling q Govern
ment victory, thought that the bench
might divide eight to one, instead of
five to four. Others foresaw a six-to-
three division. New Dealers doubtless
would have liked a more substantial
margin in their favor, but are jubilant
over the result. There is q disposition
to feel that there are now no more
constitutional hurdles which the
Rooseveltians will not be able to take.
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Sectional and political backgrounds
Of the nine justices who have just
made American history might have
justified the expectation that in the
gold cases they would be found lean
ing, respectively. in exactly the op-
posite direction. The five members Of
the court who were for the New Deal
are all from the conservative East, and
three of them-Hughes, Stone and
Roberts-are Republicans. Two Of the
four dissenters-McReynolds and But
ler-are Democrats and the entire
group halls from the liberal West.
This demonstrated freedom from po-
litical bias testifies anew and eloquent
ly to the Supreme Courts non-par-
tisanship and unquestionably strength
ems its popular prestige.
II 4 4 \
Mr.. Hughes handed down the epoch
making gold decision approximately
on his fifth anniversary as Chief JUS
tice. He was confirmed by the Senate
on February 13, 1880, and took his
seat on February "a, 1880. Apropos
his appearance once again in the Su-
preme Courts liberal lineup, this
observer recalls a bit of typical Hughes
repartee when a friend two or three
years ago asked the Chief Justice how
he was bearing up under the bouquets
that were being showered upon him
for having "blossomed out" as a lib
eral. With merry twinkle in his eye
and characteristic chuckle, the Chief
Justice retorted: II blossomed out
long time ago, but the trouble is that
1t never bore fruit!"
The gold decision plants q bright
new feather in the cap Of Attorney
General Homer Cummings, who made
the principal arguments for the ad-
ministration before the Supreme
Court. The cases were based upon
measures which Mr.. Cummings, as
chief legal adviser Of the Govern
ment, was called upon to approve be-
fore their enactment into law, as well
as all other Roosevelt monetary meas
ures which eventually received con-
gressiona1 sanction. Rendering opin-
ions on New Deal innovations kept
Cummings burning the midnight in
candescent In the dizzy days Of the
New Deals birth. In connection with
late proceedings in the Supreme Court,
the Attorney General shares the
laurels with Stanley Reed, general
counsel of the Reconstruction Finance
Corporation, and Angus D. MacLean,
assistant solicitor general Of the
United States. Mr.. Cummings would
mainly have borne the brlnt Of any