The Waterbury Democrat., 1936-10-09
BEHIND
 THE SCENES IN THE |! CAMPAIGN
Supreme Court
 Edges Into The
 Campaign Picture
BY RODNEY BUTCHER Democrat Washington
 COrreSpOndent

BY RODNEY BUTCHER
 Democrat Washington Correspondent
 Washington, Oct. 9-The United States Supreme Court has been rather effectively kept out of the election campaign and if it finds itself now involved it has only itself to blame.
 The justices aren't passing on any more New Deal legislation before election day. But their an- swer to petitions for a rehearing on the New York state minimum wage law will generally be taken as approximately equalling in im- portance the 5 to 4 decision against the law which the court handed down early in the summer.
 The original decision had a pro- nounced influence on the two poli- tical conventions and probably on the campaign as well. Popular re- action was such as to bolster some what the administration as against the court and to cause Governor Landon to suggest a possible consti- tutional amendment-the inevi- table effect being to blur what many politicians had figured would be clean-cut issue.
 Looms Again as Issue Lately the politicians have again been figuring. New Dealers decided that if the court should grant the rehearsing asked by New York, Ill., inois, and other states which have minimum wage laws, they would be able to cry out that even the su- preme court itself had recognized that it wasn't infallible.
 On the other hand, if the peti- tion were denied, they would again be able to picture the five conserva- tive justices as hard-jawed biased reactionaries.
 Republicans, in the first instance, felt they could make point of say ing the court had proved itself flex- ible but fair, and in the second con- tingency could point to Landon's suggesting a possible amendment.
 New York and II other states have undertaken to continue en- f0rcement to their minimum wage
 laws for women and children
 since the decision. They have
 taken the position, outlined in the
 petition for rehearing, that the
 court didn't really pass on the va
 lidity of the New York law, but
 had enormously assumed that
 New York wasn't asking it to re-
 consider principles asserted in the Adkins decision in 1923.
 New York, Illinois, and other states came back with the emphatic request for such reconsideration, claiming that the reasoning in the Adkins case had been offset by sub sequent court decisions.
 The petition tended to put Jus tice Owen J. Roberts in hole, Although he was able to stand with and make-the majority last sum- mer against the law, he declared in the Nebbia case that "so far the re- quirement of due process is con- cerned 8 state is free to adopt whatever economic policy may req sonably be deemed to promote pub- lie welfare and to enforce that pol icy by legislation adapted to its purpose"
 Hughes Balks Cameramen
 NEA and other photographers went out after the justices for individual pictures just before the court went into session again, with verying results.
 Chief Justice Hughes refused to come out of his house as long as cameramen stayed on the front walk and they were told to go away He didn't travel the short distance to his automobile until his secre- tary and two colored servants had made reconnaissance up and down the street.
 Next day photographers rushed
 up as he was leaving. "NO pie
 tures!" exclaimed Hughes. What,
 no pictures?" echoed the boys.
 "No pictures!" repeated Hughes
 firmly.
 Justice VanDevanter posed
 ObligingIy and Justice CardozO
 made no complaint about a sur
 prise shot.
 Justice Roberts was out of town but the doorman at his home was found to be wearing big Lan- don SunfloWer. Mrs. Justice Stone was very nice and was sure photo could be arranged later Justice Sutherland sent out word that he was ill. Justice Brandeis was on-co-operative. Justice Mc- Reynolds refused.
 Justice. Butler became enraged at an attempt to snap him in his automobile. He poked his cane under the photographers nose and cried, You get out of here!"
 Court May Stay Intact
 One table says the oldest of the justices has a life expectancy oi more than four years and so it might be deduced that Roosevelt would have no chance to fill a court vacancy if reelected.
 On the other hand, since 1789 no five years have ever passed without the occurrence of a vacancy, The last one was in 1882, when Justice Oliver Wendell Holmes resigned and was succeeded by CardoZo. moe MIA C~u.xson Hx~n \