The Washington times., 1936-06-25
CONTINUANCE
OF NEW DEAL
SECONDARY
BY EDWIN c. HILL
Copyright 1885. by international
News Service)

ES111AOGhEI I11kA, OuI1C HO'-- AAO
issue of the preservation Of the
power and authority Of the Su-
preme Court will be to the presi-
Dental campaign of 1885 what
the issue of the preservation OF
the gold standard was to the cam
paign Of 1896.
This is the firm conviction of a
great many thoughtful Democrats
here after GigeSting the plain hint
given by Senator Barkley of Ken
lucky, spokesman for the Presi-
dent ana the New Deal.
James A. Farley, national chair
man, has laid down the major is
sue as continuance of the New
Deal. But it is recognized, Of
course, that there can be no con-
tinuance Of New Deal policies if
the Supreme Court of the United
States continues to destroy one
after another of the New Deal
agencies.
Denunciation Avoided
A great deal of quiet thought is
being given to this momentous
subject. Every effort has been
made by the responsible leaders
to Soft-pecial anything like out
right denunciation of the High
Court for wrecking the NRA, the
Triple A, the Guffey coal act and
Sundry other Administration agen-
cieS.
Keynoter Barkley's language
was restrained and most care
fully chosen, though none could
doubt the thought between the
lines. None could mistake the
threat to reform" the court and
clip its authority to nullify acts
Of Congress unless it mended the
errors of its ways.
What engages the attention of
many here is the possible method
that will be employed to bring
the court into subjection to the
New Deal and it's present willing
instrument, the Congress.
Ways to Curb Court
There are three possible meth
DDS Of subordinating the Supreme
Court to the will Of the EXecu-
tive and the Congress.
Two are slow. One is swift. A
constitutional amendment, such
as has already been proposed
by various New Deal leaders and
by labor spokeSmen, requiring a
two-thirds vote of the Court to
nullify a congressional act, would
take a couple of years at least;
probably much too slow to suit
those who so sorely resent re-
cent Supreme Court decisions and
fear the Courts attitude for the
future.
They could rely on death to
clear the way for the appointment
of more liberal" justices. But
death has a way of striking impair
TALLY, and while it might ter
inmate the career of a conServa-
tive justice, it might turn the
other way and remove one of the
liberals.
The third method, only sug-
gested as yet by the most rabid
and resentful New Dealers, is to
enlarge the personnel of the court
by appointing to its bench men
known to be in entire sympathy
with the social and economic aims
of the administration. But that
method has never been popular
with the people and on one occa-
sion brought about a storm Of
diSapproval.
BarkIey'S Warning
Senator Barkley'S warning-if
It can be so construed-that the
people will know what to do with
the Supreme Court if it becomes
necessary, was plain expression
Of the resentment of the Admin
istration.
However silent the platform
may be on the subject, or even
if it is referred to in guarded
language, New Deal oratory in
the coming campaign will GER
tainly be loose, and the expec-
tation here is that the High
Court will be attacked right and
left as tory institution, moss
covered and devoted to the inter
ests of property rather than
people.
Therefore, the issue may we'll
rank with the gold standard fight
of 40 years ago when Bryan
made his unsuccessful battle
against Mckinley.
Robinson in Spotlight
In a convention of transformed
Democracy, of new leaders, the
spotlight turns today to the per-
manent chairman of the conven-
ton, Senator Joe T. Robinson of
Arkansas, leader of the major
ity in the Upper House of Con-
gress. Square-shouldered, square
jawed and square of character,
Robinson stands as one of the
most admirable leaders of his
party; a Rock Of Gibraltar for
loyalty, a fighter who is always
in the front line.
His great ambition, as is well
known, is to end his career on
the bench of the Supreme Court.