The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1935-09-26
A Momentous Session

On October 7th the United States Supreme Court
will open in its new ten million-dolar building what
may prove to be one of the most momentous sessions
ever held by the nations highest tribunal For the
fate of much New Deal legislation will be at stake
During the past several months we have heard
considerable about changing the constitution to meet
the demands of changing times. Much of this talk
has been fostered by the politicians following the
cent decisions of unconstitutionaity of of the
major measures of the New Deal The Constitution is
not sacred document is it perfect for all times
yet any suggested changes should be studied with
care lest the guarantees Of personal freedom be
thrown to the winds.
In this connection Senator William E. Borah, of
Idaho, who has been mentioned possible can
didate for the presidency the Republican ticket,
in a nationwide radio address Sunday night, demand
ed freedom for the Constitution and the Supreme
Court from partsanship and maneuvers for party
advantage. He flayed dictatorship both in this
try and abroad and struck at the historic records of
both major parties in deserving constitutional guar
antees at crucial times in the interest of irrespon
sibe partisanship His warning, that it is not the
changes which come as the result of experience and
dspassionate consideration upon the part of the peo
pie which should be feared but the changes which
brought about and put through defeated in
the midst of party rage is timely.
The granting of greater power to Washington
with corresponding weakening Of authority Of the
states is dangerous and would create positive die
tatorship which is not to the liking Of American cit
liens. There is danger of the changes mentioned,
which has been brought about for reason that the
Supreme Court has declared recent legislation
constitutional and that it may declare of 1t
constitutional. Much of this legislation passed
without even thought to whether or not 1t COIN
cided with our form of government The Supreme
Court has acted check against legislation which
may have been dangerous to democratic form of
government and it should continue unhampered in
that capacity Several worthy amendments have been
made to the Constitution in the past, and some
amendments have been repealed, all by the will Of
the people, but amendment which would take
away power from the Supreme Court would be dan
gerous indeed
We believe that following the controversies rela-
tive to the Supreme Court and inasmuch the men,
bers Of this august body of urists but human it
would be interesting to note how they classified
This classification is made in the light Of their past
records on the bench and elsewhere and it may be
said that broadly speaking the personnel of the court
Is divided among conservatives and liberals, fol-
lows:
There are four conservatives: Associate Justices
James c. McReynolds, Willis Van Devanter Pierce
Butler and George Sutherland. There four liber
ais Associate Justices Louis D. Brandeis, Harlan F.
Stone, Owen ]. Roberts and Benjamin N Cordozo.
Chief Justice Charles e. Hughes votes sometimes
with group and sometimes with the other, but he
most often Is found taking the liberal side.
The above classfications, however, do not give
a very definite clue to the probable vote Of the
court constitutional questions Although the MIRA
doubt essentially liberal measure or at least
was intended to be, it was knocked out by unani-
nous decision Of the court, on the ground Of I'M
constitutonaity.
In view Of the unanimity of that decision which
wrecked Of the most sweeping instrumentalities
Of the New Deal it is widely believed that much 9th
er legislation to be tested by the Supreme Court
will be thrown out, by majority decisions II not
aninously.
Some Of the best legal talent Of the nation will
be employed both to attack and defend the laws
der scrutiny and Of the most spirited court bat
ties in the history Of the nation may be expected