Evening star., 1936-01-08
R|CHBERG CHARGES
PERIL IN COURTS
Tells Lawyers Jealous De-
Tense May Undermine
Constitution.
Special Dispatch to The Star.

DpfClal DlhpaLCh 10 Inc GtaT.
NEW YORK, January s.-The zeal
with which the Constitution Is being
defended by conservatives threatens
to undermine its very foundations,
Donald r. Richberg, former N. r. A.
administrator, told 500 lawyers last
night in the auditorium OF the Asso-
citation Of the Bar OF the City Of New
York
Although he did not refer directly
to the Supreme Courts decision on
the A. A. A. program, he warned his
audience that the authority of courts
and popular confidence in their JUS
tice and impartiality were in grave
danger at the present time.
The notification Of popular legisla-
tion by judicial decisions, he pointed
out, has resulted in extensive support
Of three proposed types of constitu-
tional amendment any one of which
he belied would be injurious to Amer
ican institutions of government. One
would extend broadly the Federal
power over interstate commerce; an
other would widen the general well
fare" clause; the third would restrict
or deny the power of courts to in
validate legislation.
Fears Popular Demand"
I'VE should realize" he said, that
in few weeks or months We may see
popular demand rising and storm
ing across the country, against which
the arguments of lawyers and the
warnings of political scientists will
have the gallant futility Of soap bub-
bles blown into a hurricane"
Blame for this situation RichberL
placed equally on sections Of the bar
and of the bench, on certain editorial
policies Of parts of the press, and on
the promoters Of panaceas for eco
nomic distress.
The power of a single Judge in a
lower Federal court 70 declare legisla-
ton unconstitutional was singled out
for his most direct attack. 1T is a
travesty upon popular. representative
government" he declared. Ito EN-
power one man, even temporarily, to
annul a law which has been enacted
by body of 53l men Constituting the
supreme legislative assembly Of the
Nation"
Cites Power OF Congress.
Congress can terminate this power
in the inferior Federal courts" he
pointed out. by enacting law deny
ing to such courts any Jurisdiction
either to enjoin or 10 refuse the en-
forcement Of Federal law on the
ground OF its alleged unconstitution-
ality. 1t might provide for the taking
of evidence, and the certifcation CT
such a question promptly and directly
to the Supreme Court and thrs T.
sure its early an fina 6etermin tisn.'
After declaring nimoe.4 opposed 10
communism and to much milder
form of state socialism," he struck
out at newspaper publishers who vio-
late, he said, the freedom of the
press by repeated outbreaks of red
batting"
''In this manner" he warned, "a
sound public opinion is being under
mined, because millions Of bewildered
people, sorely tried by adversity, are
beginning to lose faith in a natural
leadership Of brains and experience,
and to distrust the integrity Of either
the facts or arguments which are
furnished by newspapers and maga-
zines. They are thus prepared TO
listen hopefully to any political dema-
gogue or economic charlatan who Of
fers some panacea, some simple rem
edy that will cure all their ills"
Fears Fanatic" Sweep.
Conditions are already ripe" he
said, for a national debauchery Of
public opinion. The methods for Or
ganizing a fanatic movement and
steadily expanding its force have all
been worked out; and a successful
technique has been established in
such campaigns as those of the Klu-
Klux Klan and the Anti-Saloon
League. Today series of such move
mentS is in progress, of which the
most menacing is the Townsend plan"
After outlining the details of the
Townsend plan, Mr.. Richberg
described it as "a preposterous pro-
posal." A program to take one-third
or more of the earnings of the entire
working population" he said, in order
to support 8 per cent of the people
in comparative luxury, cannot be seri-
ously advocated by any sane person
who understands it,"