The Waterbury Democrat., 1935-12-16

Washington, D. C., Dec. 16.-Pre- dieting that an increasing amount of legislation touching upon con- stitutional questions will be consid- cred by congress during the next several years, Senator Lonergan, democrat, Connecticut, has an- nounced that he will introduce resolution at the next session to create constitutional legislative court or commission to act in ad- visory capacity to congress and the president.
 The court, he said, would be com- posed of nine members, the same as the United States supreme court. The president, and the house and senate judiciary committees would each name two members of the court, 8 republican and demo- crat in each instance, and the three remaining members would be selected from a list of federal judges who had served for at least ten years and who would have the bal- ance of power.
 All legislation introduced in con- gress bearing upon the constitution, the senator explained, could be re- ferred to the court upon vote of one third of the members of the house or senate. The president could submit legislative proposals originat- ed by himself or by his cabinet of- ficials. Decisions of the court would be advisory and not binding, and functions of the could would not in- terfere in any way with cases and controversies arising within consti- tutional jurisdiction of the United States supreme court.
 Reports Obtained
 Senator Lonergan said that he had originally given consideration to a plan which would confer upon the supreme court constitutional au- thority to render preliminary opin- ions upon legislation referred by congress, or to create a special court for that purpose whose de- cisions would be binding. He ob- tained reports from eminent attor- neys and educators throughout the country, including pr. Nicholas Murray Butler, Dr. James R. Angell, president of Yale University, Dr. Charles Edward Clarke, dean of the Yale Law school, Professor Edwin M. Morchard of the Yale Law school and James M. Beck, na- tionally known attorney and former solicitor general of the United States Most of these reports indi- cated. he said, that the present supreme court should be left as 1t is-a representative of the people in cases and controversies that any additional powers conferred upon 1t which tended to link 1t with the legislative branch would subject 1t to criticisms from which it should be immune.
 The senator said that 1t is pos- sible he may supplement his resolu- ton with a proposed amendment to to the Declaratory Judgments Act of June IA, 1884, to provide that all declaratory judgments shall go to the head of the calendar in supreme court eases, and that an appeal shall lie directly from the districw court to the supreme court, thus avoiding the circuit court of appeals and greatly expediting decisions on qu"stions of law.
 In becoming sponsor of such leg islation Senator Lonergan seems to be in good position to obtain &C., tion in the coming session. He has served in the house and senate for more than ten years, is a friend of the administration, and an ex- perienced attorney who comes from a state deeply embedded in consti- tutional principles. For it was in Connecticut that government by a written constitution was first con- ceived.
 Caution Essential Like most of the people of his state the senator believes constitu- tional changes should be approach ed with caution. but he believes that changing economic and social | conditions call for liberal thinking and that creation of an advisory | court will serve to keep the people | and the administration and con- gress more level-headed in dealing i with constitutional questions. He