Evening star., 1937-02-19
S.A. R. HEADASKS
COURT PLANE FIGHT
Kendall Calls on 10000
Members to Combat
Roosevelt Proposal.

nOOSevcit fTOpOSdI.
Calling upon the 10000 members OF
the Sons Of the American Revolution
TO combat the efforts Of President
Roosevelt to reorganize the Supreme
Court, President General Messmore
Kendall yesterday sent q memoran-
dunn to all chapters criticizing the
proposal as inimical to the best inter-
ests Of the country.
The members throughout the coun-
Cry have been urged to communicate
with their representatives in Congress,
expressing their disapproval of the
plan. Mr.. Kendall also Is planning a
personal tour through several Southern
States to address the State organiza-
Mons In opposition to the proposal
The text of the memorandum issued
yesterday follows:
"One Of the purposes for which the
National Society of the Sons of the
American Revolution was founded was
the preservation of and respect for
our form Of government We cannot,
therefore, sit by at this moment when
the basic principle of so-called checks
and balances on which our Govern
Anent Is founded Is in danger Of being
upset by disturbing the functions of
the judicial branch and casting dis
respect upon it. This issue is in no
sense partisan or political and is para
mount to parties or individuals. No
body Of men nor court in the world
has enjoyed the respect and confidence
which the Supreme Court Of the
United States has had since the days
Of Chief Justice Marshall. The
trainers of the Constitution in order to
remove the court from politics and
70 prevent their decisions on the con-
stitutionality of laws being swayed by
expediency or coercion made the ten
ure Of Office for life or during good
behavior. It became and is their duty
70 interpret every law in its relation
10 the Constitution and If that law Is
In derogation of the Constitution, it
Is their duty to reject it. Opportunism
and even expediency should have no
part IN their decisions. This court has
been the bulwark of our liberties when
threatened by hastily conceived laws
passed by thoughtless or negligent
congresses.
Cites Care Of N. r. A.
mo one will contend that the vari-
Gus acts of Congress which were
passed during the last few years, for
reaching in their import, received suf-
dcient consideration and deliberation
at the hands of Congress to establish
either their workability or whether
they conceded with the theory under
which our Government has been es-
tablished. The decision on the uncon-
stitutionality Of such acts as the N. r.
A. Is the best example Of this. 1t is
not venturesome to say that many
legislators who voted for acts hurried
~ passed in the last few years did so
with the feeling in their hearts that
Il these acts were not in accordance
with the theory of our Government
the Supreme Court would do their
thinking for them. Madison once said.
In framing q government which is
30 be administered by men over men
the great difficulty lies in this: you
must first enable the government to
control the governed and in the next
place oblige it to control ITSELF
Having obliged the Government to
Sontrol itself the members Of the Su-
creme Court as . consequence are
threatened with the alternative OF re-
firing or losing their independence.
BY reason of the agitation for change
a the court the unthinking and un-
tltored in this country are probably
wondering what wrong the Supreme
Court has been doing that makes it
necessary for the Executive to reform
them. This breeds disrespect where
only respect is due.
1.-THE trainers of our Constitution
realized that the concentration Of
power in any one department or one
man means tyranical Government
and to provide against that they
framed the three departments Of Gov
ernment and for $50 years there has
been no necessity to change this basic
principle. In making the Executive
the most powerful executive in any
republic it was not intended that he
should be other than one Of the three
branches of the Government; and to
keep him within his proper powers
&he trainers wrote into the Constitu-
tion the form of oath which he should
take: I do solemnly swear Cor affirm)
that I will faithfully execute the Office
Of President Of the United States and
will, to the best Of my ability, preserve,
protect and defend the Constitution
Of the United States
I'm creating Congress, certain pow
Sss were definitely delegated and GER
tain other powers as definitely denied.
Powers Of Judiciary.
1.-THE trainers of the Constitution,
By vesting the power in a court to
determine when the limits Of the Con-
stitution had been transgressed by
either the executive or legislative
branch, conceived a new theory Of
government which has not been i'm
proved on since. This judicial su-
premacy is balanced by the fact that
both the legislative and executive
branches Of the Government possess
powers with which the courts cannot
interfere, and the courts should be
as independent and fearless of re-
prisals as the other branches are in
theirs.
"When the Nation desires to appeal
from q decision Of the courts, it can
Do it through the orderly process Of
amendment and it is not necessary
% bring about disorderly proceeding.
1T has been truly argued that the
Constitution does not limit the num-
Der Of judges Of the Supreme Court.
Et ID also true that the Constitution
does not say for how many terms an
Executive may be elected President.
But through custom established by
pl,r first President IL has been limited