Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-07-09
INSULT TO COURT
SEEN BY BORAH
Scores Talk of Selecting
Presidential Candidate
From High Tribunal.
BY the Associated Press.

Senator Borah believes the Repub-
hcan party would make serious
blunder'' if it sought to pick presi-
dental candidate from the Supreme
Court.
The Idaho Republican expanded to-
day the views he expressed in a letter
to the New York Herald Tribune, in
which he said it was low political
strategy" to talk of grooming a men,
Der of the high tribunal for the nomi-
nation because of recent opinions
against New Deal measures.
Il feel very deeply that at this par
ticular juncture it would be a serious
blunder to talk about the court in a
political way" Borah said.
He said his letter was prompted by
articles mentioning Justices Harlan F.
Stone of New York and Owen J. Rob-
erts of Philadelphia as possible candi-
dates to oppose President Roosevelt.
Recent Opinions Cited.
Without naming Them in his letter.
Borah said two justices had 'undoubt-
edly been mentioned because of recent
opinions. which opinions happen to
coincide with what the fertile brains
of the political StrategistS think will
make for party advantage
Delving back into history, Borah
cited the case of Chief Justice John
Marshall, and said there was 40
seam" in his granite character save
when his foolish friends were urging
him for the presidency"
During this period, it is claimed.
one of his opinions bears the faint
of partisan bias" Borah added.
The Idahoan compared present-day
talk of limiting the courts power to
similar attempts during the Civil War
reconstruction period, when, he said,
the Constitution never was more
''brutally trampled upon" by Congress.
The text of the letter to the New
York Herald Tribune follows:
Those who have any proper con-
ception of the true function of the
Supreme Court in our framework of
government. or those who have regard
for the high place it must at all times
hold in the hearts and minds of the
American people-if it is to perform
with effect that function-will deeply
regret the talk about going to the
membership of that tribunal for
presidential candidate.
And those who have any apprecia-
ton whatever of the delicate. but in
evitable and stupendous task which
awaits the court in dealing with the
problems which must of necessity come
before it in one of the most onerous
end difficult periods of its existence.
will look with contempt upon the low
political strategy which would seek to
rebuild party fortunes by any such
sinister maneuvers.
Names of Two Mentioned.
The names of two members of the
Supreme Court have been particu-
larly mentioned. They have un-
doubtedly been mentioned because Of
recent opinions, which opinions hap
pen to coincide with what the fertile
brains of the political Strategists think
will make for party advantage.
I'VE can pass over the chagrin and
humiliation which must come to
judge when singled out for political
advancement because of the solemn
discharge of his duty as justice of
the Supreme Court.
But there is something more in
Volved than this. 1t is not only for
suggestion of political recompense for
deciding the question in particular
way, but it is a subtle suggestion to
all members of the court that in rem
dering opinions on constitutional law.
they should keep in mind not only
the law, but also the reward which
awaits those who-while interpreting
the ConStitution-alSoi interpret popu-
lar sentiment.
Must Be Free From Bias
1T is not only indispensable to the
worth and dignity of the court that
it is, in fact, free from party bias but
second only in Importance is that the
people should believe it to be free from
party bias
After the Civil War COngresS-Still
saturated with war passion and still
moved with sectional distrust-under-
took to establish what amounted to a
permanent military government over
the Southern States.
Never was Constitution more
brutally trampled under foot than
during this so-called reconstruction
period. Some of these laws finally
reached the Supreme Court
1t was the only tribunal left for
those whose liberties had been denied
them. When the court passed upon
some of these measures and held them
unconstitutional, the court was bitterly
essailed
Finally. the Congress Withdrew
jurisdiction in some respects ana,
having no power to secure relief. men
remained In prison with no more
remedy for relief than had the prisoner
of Chillon.
Reform Proposals Followed
Then came proposals for reform.
The court was to be made amenabla
to political control. 1t was proposed
that the membership of the court be
changed; that the court be denied
power to pass upon the constitu-
tionality of the acts of Congress: that
no statute could be held unconstitu-
justices. and finally. that particular
statutes were to be exempt from con-
sideration by the court.
Some of these proposals met the
approval of one or the other branches
of Congress. The opinions of the
Supreme Court written in those days
are now regarded as the bulwarks o.
American liberty.
1.-THE sorry record of Congress-and
, large part of the press-in attacks
upon the court constitutes a rather
sad record in the political history OF
the United States.
1.-THE point is that in every great
crisis of our history realization comes
to us of how plain is our duty to keep
the courts as free from party politics
as 1t is humanity possible
There are many different ways to
draw the court into politics. One is