Evening star., 1937-07-26

elonS are derived David v~,.,..
from study of
the remarks of Mr. Roosevelt in his
first conference with the press after
his court packing" plan was re-
tected by new majority in the Sen
ete-a coalition of independent Demo-
Gratis and Republicans.
What did the President say? Here
are the principal points:
First, he recalled that there was a
lot of feeling about the time Of Theo-
dore Roosevelt for judicial reform
and that it took form in 1912 in the
campaign of the Progressive party for
all kinds of things like the recall of
judges and the overriding of decisions
by popular vote, and that this demand
had very great effect on the courts
and that the courts listened.
Second, during the Coolidge and
Hoover administrations. the courts
tive instead of judicial position and
that he, Franklin Roosevelt, revived
the agitation and submitted his mes
sage to Congress on February S.
Third. the President has received an
interesting check on what happened
in the last term of the Supreme Court,
that before the 5th of February the
Supreme Court held the A. A A. un-
constitutional limiting the spending
power and that after February 5,
through the social security act de-
elsion, the A. A. A. ruling was re-
versed; that before February 5 the
Guffey act was held unconstitutional
but after February 5 the Wagner act
was held constitutional. He COM
pleted the list with reference to the
fact that before February the court
held the New York minimum wage
law unconstitutional and then after
that date reversed itself in the Wash
1ngton minimum wage case when he
insists the New York minimum wage
decision was overruled.
Views on Objectives.
Fourth, the President feels that the
net result is that we have obtained
certain objectves talking in the large
that the country still wants insurance
OF the continuity Of that objective and
the country wants more and better jul
dlcial mechanism for getting the max
Inum justice in minimum of time.
Fifth, that the people have been more
court conscious and they are more
constltutlonally minded since 1910 and
1912 and the country understands
pretty thoroughly that the Constitu-
ton is not intended to block social
and economic reform through court
legislation for those reforms are nee
essary to the Nation for the general
welfare with changing times.
Sixth, when asked if the President
Is satisfied with the progress thus far
made. he declared We were getting
somewhere and we have a long way to
60, and he thinks the country pretty
well understands what it is all about.
Careful examination of what the
President communicated to the press
In his characteristically informal fash
ION leads to a query as to why if the
courts were listening last Spring, it
was necessary for him to pursue his
court-packing plan through June and
July. The answer was given by the
President himself when he indicated
that the country still wants insurance
Of the continuity of the objective he
has expressed and that this is just
as true after majority Of the Senate
has rejected the court-packing plan
as 1t was before that event occurred.
II Mr.. Roosevelt feels he has a long
way to go on the issue, and if he is
confident the country understands
what 1t is all about, the only con-
cluslon that can be reached is that the
President intends to keep the issue
alive and using public agitation as a
means OF controlling the decisions of
the Supreme Court of the United
States and carrying out his objective"
also by filling Of future vacancies on
the highest bench with men who will
conform to his idea of what is
Legislative" and what is judicial"
"Stampeding" Disputed.
Mr.. Roosevelt's comment on whether
the Supreme Court was stampeded
into deciding certain New Deal cases
In his favor as he would now like the
Nation to think, will be sharply dis
puted, Not only is it reflection upon
the dlsinterestedness of the court, but
IN at least one instance the claim has
no foundation in historical fact.
Thus the Washington minimum
wage case was argued during the week
OF December IA last and a vote of the
court was taken the following Saturday
showing 4-to-4 division. Writing of
the opinion and the final 5-to-4 vote
was delayed till the return in March
OF Justice Stone, who had been i'll
But since MIR. Stone had voted previ-
ously to uphold the New York State
minimum wage statute, it means that
TO all lntents and purposes as a
matter OF historical fact the Washing
ton wage law was actually upheld bv
the Supreme Court last December and
not after February as Mr.. Roosevelt
contends
Likewise, the President has been
misinformed if he thinks the A. A. A.
decision of January. 1885, limited the
spending power whereas the social
security act did not. The truth is, as
was pointed out in January, 1895, in
these dispatches and in the writings
OF others at the time, the A. A. A.
ruling paved the way for exactly the
kind OF ruling which later appeared
in the social security act.
The same lack of accuracy may be
charged to the President with refer
encs to his contention that the Wag-
ner act opinion reversed the Guffey
case opinion. The truth is the court
held that Congress in the first Guffey
act had set up 4 compulsory mecha-