Evening star., 1936-10-13
FORUM DISCUSSES
SUPREME COURT
Richardson Praises and
Richberg AssaiIs Acts
.0f Justices.

Functions of the Supreme Court
under the Constitution were both de-
Tended and criticized last night in q
debate between Seth w. Richardson,
former Assistant Attorney General,
and Donald r. Richberg, former N.
r. A. administrator, in the opening
Legal Forum session Of the George
town Law School Alumni Club.
Eulogizing "those nine old men" as
the champions of humanitarian as
well as property rights under the Con-
ytitution, Richardson, member OF
the local bar, told the 400 assem-
bled attorneys that the court, by
bringing about a decrease Of short
cuts to Utopia" stood as the safe
guard against despotism in the ex-
ecutive branch and absolutism in the
legislative department of the Gov
ernment.
Richberg lashed at the Supreme
Court, terming it super legisla-
ture" that is ''thwarting the will OF
the people" and called upon the bar
TO help create such power OF public
opinion as will make the tribunal cor
rect its errors.
THE Supreme Court" he said,
''has recently acquired such power
as to nullify legislation as has never
before been exercised. but, on the con-
trary, has always been denied.
The forum was inaugurated by E.
Barrett Prettyman, former corporation
counsel, who is president of the alumni,
as a means for general discussion OF
current legal problems. 1t will be held
monthly.
Richardson, who made the opening
address, contended that the specific
power Of the court to declare acts OF
Congress unconstitutional is not an
usurped power, and that the court had
not departed from its sphere as judi
cial body. He denied it had lost touch
with the people and had become "a
rich mans court"
He also opposed criticism of the ma
tority rule by which the court has
rendered its famous 5-to-4 decisions
contending that any change would re-
suit In the court being controlled by q
minority.
"I know nothing more peculiarly
American than the decision OF our al
fairs by majority rule" Richardson
said. ANY change, She said, would
make the Supreme Court the creature
Of other branches of the Government.
He defended the justices in thell
attitude on human rights, pointing te
the Scottsboro case and saying
"Those nine old men! stand aghas'
at the suggestion that they are cold
inhuman, unsocial and senile.'
Richberg, who touched upon the re-
cent overthrow of New Deal admin
tstrative agencies in contending that
the court had usurped legislative au-
thority, said:
such a transfer of the control OF
Government from the elective legis-
lators to a judiciary appointed for life
If permanently accepted, would be the
most far-reaching and radical change
m our institutions since the adoption
Of the Constitution.
1T do not believe that this change
Is being consciously or deliberately
brought about by members OF the Su-
preme Court. But I do believe that
the spiritual heirs of those who. in
the birth of our Republic, distrusted
popular government, are doing all in
their power to subject the legislative
branch Of Government to the control
of a judiciary not responsive to public
opinion.
"And I am convinced that our great
experiment in popular government is
being thwarted and ultimately will
fail If the legislative power is not
soon released from such paternal-
istic control"