Evening star., 1936-01-14
ASSA|LS
SUPREME COURT
Historian Declares Consti.
tuition Does Not Provide
for Interpretation.

The Supreme Court was upbraided
last night by Charles A. Beard, con-
sidered leading historian Of the
United States, for throwing itself
athwart the major currents Of the
national interest" by It's recent deei-
sions on New Deal lavs.
The Pulitzer prize winning scholar
told a select group Of politicians, his
torians. economists. pubhcists and
labor leaders that q continuing or
recurring economic crisis will result
In reversal Of the tribunals findings
on Roosevelt legislation.
He spoke after an Independent
Legislative Bureau dinner at the Co.'S
mos Club. At the closesof hts historic
survey of the powers Of the court q
chant Of whittier now" and plans
for curbtng the courts power were
offered by men in DR.. Boards audience.
Fiction Created by Jefferson.
DO you think it Is safe for this
Government to be the only one in
the world which does not enjoy
powers adequate to the exigencies Of
government" the historian asked.
Nov there Is not a word In the
Constitution that expressly or by i'm
plication declares that the Constitu-
tion must be interpreted by anybody" !"
he said in casting doubt on the Su-
preme Courts assumption of the
right Of Interpretation. That is q
fiction largely created by Thomas
Jefferson when he was trying to un-
horse Hamilton"
At the opening of . question and
answer discussion Of the problems
raised by the current question of con-
stitutional limitation, DR.. Beard de-
clared:
I'm inclined to agree with the late
Justice Holmes that the country would
not be hurt If the Supreme Court
lacked the power to pass on the con-
stitutionahty Of any acts"
Lewis Flays Congress.
Indignantly biting out his words.
John L. Lewis, president OF the
United Mine Workers Of America and
q leader In the fight for passage Of
the Guffey coal act, in the shadow
now of unconstitutionality as a re-
suit Of the A. A. A. decision, said:
Congress is IN the position now Of
abdicating its power to the courts.
You have power to enact legislation
for the good Of the country if the
Supreme Court will permit you to.
We now dwell under Q negative au-
tocracy of the judiciary. It would be
better to abolish the Congress and
let the Supreme Court rule afirma-
tiveiy rs well as negatively.
The arguments before and the
opinions Of the Supreme Court mean
as much to the persons in the hinter-
land whose time is occupied with the
serious business Of living as the in
carnations OF witch doctors in dark
est Africa. Change the situation by
amendment? don't say the people
can endure their distress until an
amendment is agreed to-"
Black SEES Cause for Cheer.
Senator Hugo Black, Democrat, Of
Alabama saw cause for cheer in the
majority A. A. A. opinion. He ex-
planned:
THAT opinion is a real extension
of the central power. 1t adopts for
the first time in history the Hamil-
tonian theory Of the general welfare.
In that opinion you win find the
greatest grab Of power ever seized by
any agency Of the United States since
its founding as . Nation The theory
was granted. even if the court did not
agree in this instance that the par
ticular law under consideration was
included in the general welfare"