The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-02-19

Attorney and member of the New York
and New jersey bars.
NEW YORK, Feb. 19.-The
failure of the Supreme Court
of the United States to act prompt
ly in the pending gold clause and
devaluation cases stresses the in
adequacy of the present grant of
power to the Supreme Court under
the judiciary code.
In fact, the present law is an in
centive to SpeculatiOnS and guess
work for or against the government,
which may be partially responsible
for the build-up of group action OF
speculation in the markets of the
United States, whether they be stock
or commodities, each one trying TO
outguess the other in the various
analyses of what the Supreme Court
may do in given case.
Many Guesses Possible
Since the four cases now under
decision by the Supreme Court III
volve at least three separate deci-
Sions. there are three major gueSseS
out of which there may be a dozen
smaller ones, all linked up with a
speculative tendency or frenzy to
make gambling of smart money out
of the right guess, long" or short"
Il follows that the wrong side of
the speculative guess results In
losses of millions Of dollars and in
duces the sort of newspaper pub
licity which finally finds its express
sion in the use of such words as
chaos, riot, upheaval, bloodless revo-
luton, etc., each time the Supreme
Court is met with decision OF
prime Importance concerning the
economic or financial stability of
the nation.
Would Provide Advice
Congress should pass bill
Amending the judiciary act) under
which the Supreme Court of the
United States will give to Congress
or to the President, upon call, an
advisory opinion concerning the in
tended congressional enactment, so
that Congress and the Executive
may have it's decision prior to the
legislation being made into law.
The Constitutions of seven states
impose the duty on their highest
courts to render advisory opinions
on important questions when re-
quested by the Governors or either
branch of the Legislature. They are
Colorado, Florida, Maine, MasSachu-
sets, New Hampshire, Rhode Island
and South Dakota.
In performing this function, the
Judges act not as a court, but as
constitutional advisers of the other
departments of the government.
Loughran VS.. Portland, Ill Me. 406.
In re Op. of Justices, 126 Mass. 557.
Acting in this capacity, therefore,
questions may properly be pro-
pounded to them in this way that
would not be cognizaDle by them in
their judicial capacity. In re OPP.
of Justices, 1876 Mass. 557, supra. In
re Justices Answer, 122 Mass. 600.
Have No Judicial Force
Such provisions do not extend to
the determination of questions of
fact. The opinions are given in the
nature of advice having no force OF
judicial decision. Ill Me. 486, SIS
Mo 497. 70 Nebr. 523. But in 1875
Mass. 557; 10 inn. 1903, and 81 N. H.
7O6, the courts are under no duty to
render such opinions in the alb
Sence of constitutional provisions,
and as to the Supreme Court of the
United States, it has only such pow
err as is granted to by Congressional
declaration.
AS a matter of fact, Congress
would be wise Immediately to put
into law a repeal of the delegation
of authority to the President to re-
value the dollar, so that it shall be
it's act and not the act OF its dele
gated agent, and at the same time
empower the Supreme Court to give
to it advisory opinions so that as
to the pending legislation amending
the bankruptcy acts, banking bill,
housing bill and other major meas
ures, the country does not go
through the same travail that it has
and now is going through in refer
ence to the delay in the gold clause
cases