The Waterbury Democrat., 1936-01-13

the scenes they nave been against the Supreme CouI which the New Dealers from the president down namely, that f. they do not defeat the Supreme Court, the Supreme Court will do feat them.
 The resultant strategy they have evolved, % for, takes the following lines:
 Il. sit tight until the court
 has, aroused public opinion by
 throwing out more New Deal protects.
 3. Later, move either to
 grant police powers and to In.
 crease the general welfare pOw-
 fare powers of congress by
 amending the constitution; or,
 on the other hand, to Abridge
 the power of the Supreme
 Court So far the latter iccks
 easter.
 2. Meanwhile, stage an edu-
 catt6hal campaign on the bat- ties between congress and the
 court during the entire history
 0s the United States.
 Considerable work already has been done on No. 3. As Q result, the public may hear something about the proposal of James Mad- isos to enable over-ruiing Q veto of the court by three-fourthS vote of congress.
 Abraham Lincoln
 Also the public may near much of the Dfed Scott decision, may enjoy the unique spectacle of q democratic president hurting into the teeth of the republican party the words of that party's most famous president-Abraham Lin. coin. Lincoln, commenting on the decision, said the Supreme Court had got the doctrine of popular sovereignty down "as thin as homeopathic soup that was made by boiling the shadow of c pigeon that had starved to death."
 other powerful arguments made by Lincoln in opposition Co the Supreme Court have not escaped the boys who have been researching for the presl. dent, especially where Lincoln sald, "It is not resistance, it Is not fsctious, it is not even dis- respectfully to treat lt (thc decisionD as not having yet es. tabiishcd . settled doctrine for the country"
 There k just one flaw in bringing up tho Dred Scott case. This is tho fact that Chief Jus- tlce Fancy, who handed down the decision which helped prc- clpitatc the Civil War. was ap- pointed by the democratic president whom Roosevelt paid $50 Co honor ct the Jackson Day Dinner last week.
 Roger Brooke Fancy was a Maryland lawyer and slavesholds or who first won fame by defend. ing John dooding, notorious Bal- timore slave snatcher, caught smuggling 200 Africans up the Chesapeake. Later President Jackson made Fancy chief jus- tice of the Supreme Court.
 AAA Similarity
 Aside from this, the New Deal. CTS have dug Up some striking points of similarity and disgims ilarity between the Supreme Courts decision in the Dred Scott case in 1857 and tho AAA deci. sion lest week.
 It will be recalled thaC DFed Scott was . negro taken by his master from Missouri, . slave state, to Illinois. . free state, snd to what is now Minnesota. where for f0ur years he lived in territory that was free by the terms of the Missouri com. promise oe 1890. Later he was taken back to Missouri, but he claimed that residence in . state and territory prohibiting slavery made him c free man.
 Scott sued for his freedom, won in the lower court, was re. veFsed in the Missouri supreme court, and finally appealed to the United States Supreme Court. The entire country waited for the decision. Upon 1t hung the question of slavery's extension in. to the new territories of the United States.
 Taney's Decision
 By . 2 to 3 vote, the Supreme Court threw out the case. Chief Justice Fancy stated: "The Me- gro race ig regarded as SO far inferior that 1t has no rights which the white man is bound to respect, and the Negro may Justly and lawfully be reduced to slavery for his benefit" Horace Greeley urged that the Supreme Courts ''usurpation" of power must be met by revolt" Justice Black of the Pennsylvania eu- prefS1e Court called Fancy "a iatsh toad spotted traitor to the constitution."
 Lincoln immediately made the Dred Scott case his campaign issue. And his speeches give the New Dealers some vitriolic afn- r1unitIori.
 By the Dred Scott decision the court said, in effect, that congress