Evening star., 1935-01-20
GOLD ACT VICTORY
BY5T04|SSEENBY
COURT OBSERVERS
Five "Progressives" Hold
Animated Discussion After
Formal ParIey.
DECISION MAY BE READY;
BECOMES KNOWN LATER
Brandeis Leaves Meeting Early,
but Sutherland Remains, Confus-
ing Observers of Procedure.


Copyright 1884. by the Associated Press.)
Nine high justices of the Supreme
Court, although guarding their secret
closely, left surface signs after a pro-
tracted conference yesterday that they
had reached decision in the historic
"gold-clause" cases.
In the purely physical actions Of the
court, trained observers saw hints of
the possibility of another of the ia
nous 5-4 decisions. The justices them
selves were silent as always. But of
the six who remained closeted together
after the conference broke up, five
have been labeled as "progressives."
If their actions yesterday were sig
nificant, and If the "progressives" fol-
low lines to which they often have
hewed in the past, some observers held
it possible that the court might divide.
to 4, for sustaining the validity of
the act suSpending gold payments.
There we're signs that after the nine
filed into their austerely furnished
conference chamber in the Capitol,
their discussions became animated
The question before them was one of
the most important governmental is
sues to arise in recent decades.
Billions Involved.
Directly involved was the question
of whether Congress acted unconsti-
tutionally in abrogating the clause in
many bonds and contracts guarantee
ing payment in gold or its equivalent
Should the court say it had. then
about 100000, 100000 of public and
private bonds would have value Of
$169 9.00o. .0O0, 900 in the present devalu-
ated currency.
Despite indications that the deci-
sion might have been made. there was
no assurance whatever that the YER
dict would be made known when the
court meets tomorrow. Precedent has
been found for the court to hand
down its decision and deliver an opin.
ion later, but unless this is done the
will of the court cannot become known
until February 4 at the earliest, as
recess intervenes
The first members of the court to
withdraw from the conference room
were three so-called conservatives, :"
to be followed shortly thereafter by
one so-called progressive The first
three were Justices Vandevanter, Nc
Reynolds and Butler.
They were followed later by Justice
BrandeiS, classified as a progressive.
This left in the conference Chief JUS
tice Hughes and Justices Sutherland,
Roberts, Stone and Cardozo.
Progressives Meet.
Sutherland has been classed as a
conservative and the remainder as
progressiveS. Justice Sutherland did
not remain long, withdrawing to leave
the Chief Justice and Justices Stone.
Roberts and Cardozo together. They
remained closeted for some time.
No explanation was available for
the early withdrawal of Justice Bran
deis except that it is known that he is
conserving his strength Nor would
any one venture why Sutherland re-
manned after his old associates, JUS
tices Vandevanter, McReynolds and
Butler, withdrew
While Chief Justice Hughes and
Justices Stone, Roberts and Cardozo
were present there were intimations
that much active discussion prevailed,
with the Chief Justice indicated rs
doing most of the talking.
If no particular significance can be
attached to the comparatively early
retirement of Justice Brandeis, expert
observers saw additional ground for
a belief that the court might divide
five to four.
Guessing on Brandeis.
While some observers felt that
guessing might be warranted in at
tributing the early withdrawal Of
Brandeis to his health, none found 1t
easy to explain why Sutherland re-
mained with the four members of the
court claSsed as progresSives.
It was suggested as possible that
Sutherland, although normally con-
servative, may find himself aligned
with the four who remained. He was
Senator from Utah before going on
the bench and it was further ad-
vanced that because of his long con-
gressional experience his views may
be the same as those who remained
in the conference room with him.
The best informed were of the opin-
ion that Justice Brandeis would line
up with the other progreSSives whether
they are in the majority or minority,
and that his early withdrawal had
no significance as to whether the
conservatives or the progressives we're
in the majority.
About O'Clock Justices Stone and
Cardoza left the conference room, the
Chief Justice and Roberts remaining
in it for a few minutes longer for
further discussion.