Evening star., 1937-04-02
COURT WAR ECHOES.
At |. c. c. FETE.
Roosevelt and Wheeler Mes
sages Touch on Re-
vamping Plan.

new forum last nlgnC Wnen tHe
semi-centennial celebration of the
Interstate Commerce Commission re-
ceived messages from President
Roosevelt and his one-time ally,
Senator Wheeler, Democrat, of Mon
tana, now leader in the fight on
the Presidents plan to revamp the
court.
Without directly mentioning the
court, President Roosevelt in a let
ter read by Commission Chairman
Carroll Miller emphasized his belief
that a liberal Interpretation of the
Constitution is necessary to meet
changing conditions. He said that the
commission is fortunate" that this
has been the guiding principle under
which it has functioned.
Wheeler declared the plan to change
the court threatens its independence,
and served notice that he proposes
also to fight the governmental reor-
ganization program advanced by
President Roosevelt which would
subordinate the Interstate Com
merce Commission and similar
agencies 10 CdDlDel COnlrOl.
Text of Roosevelt Letter.
The text of the Presidents letter
follows:
when one takes account Of the
good work donc by the Interstate
Commerce Commission since its Gre
alton so years ago one smiles a. the
dire predictions made by certain
obviously selfish interests when the
law providing for the regulation of
interstate commerce was enacted.
The president of a great Eastern
railroad declared the law would de-
preciate the Western farm lands by
one-half. On the Pacific Coast another
magnate predicted panic. This
prophecy was re-echoed by another
railroad president in the Middle West
and, not to be outdone by his brother
prophets, yet another great railroad
executive foresaw the ruin of or
foreign and domestic commerce.
Fossils Always With Us.
"Those were the opinions of hold
overs from the old public be- damned
days-economic fossils which like the
poor, are always with us. Of course
none of these dire prophecies was
fulfilled. On the contrary, the rail-
roads and the country went forward
to happier and more prosperous times,
The program for the semi-centen-
nial exercises of the commission is
a full one and its mere persusal shows
FrI
years during which it has been func-
tioning. l want to congratulate the
present members of the commission on
the performance of duties which haze
fallen to them in difficult times. With
singular ability and foresight tney
have met the problems which nave
confronted them. Their opportunity
for constructive service is as great
today as when Grover Cleveland
named the first Interstate Commerce
Commission in the Spring of 1887.
II am reliably informed that when
the founding fathers created that
social, economic and political system
Of government, which they hoped
would be permanent chaftei OF
liberties, they were wholly ignorant
of the terms railroads and automo-
biles,' for the very good reason that
the first did not come into existence
until half a century later, and the
second were not manufactured until
over century later The Interstate
Commerce Commission is indeed
fortunate that inetrpreta tions of our
charter of liberties have allowed it
to function during the past half
century, through recognition of the
fact that an obviously national need
can be met only through obviously
national action"
Wheeler Message Is Read.
Wheeler, chairman of the Senate
Interstate Commerce Committee, was
out of the city, and his address was
read by another Democratic member
of the committee, Senator Minton of
Indiana.
The dig at the court plan came in
the course of discussion of the COM
missions present status. He recalled
that Commissioner Joseph B. East
man, in a recent address, had said
L
missions members, but otherwise has
no more control over its acts than over
the deliberations of the Supreme
Court
Mr.. Eastman may still be of the
same opinion, but if certain pending
proposals are adopted fear he might
be forced to find himself another and
more striking analogy than that of
the Supreme Court" the Montanan
said
When applause greeted this state
ment, Minton interjected:
May I recall that these words are
Senator Wheeler's-not mine do not
share his fears, nor join in his lamen-
tations"
Would Preserve Independence.
On the subject of departmental re-
organization, Wheeler said he is "un-
alterably opposed to diminishing the
independent, bipartisan character Of
the Interstate Commerce Commission
or Of similar independent agencies by
placing them under executive domina-
ton, indirectly, as has been the case
through budget control or directly as
in pending proposal"
The court and reorganization also
were referred to by Representative
Rayburn of Texas, the Democratic
leade .
Hes declared the courts opinion i'm
the celebrated O'Fallol. valuation case
forbade the commission, in effect, to
find how much capital is really EN-.
ployed by the railroads.
This opinion" he continued. "had
the unfortunate result of striking
down in moment the effort through
an entire generation to work out rule
which would protect the investors on
the one hand and the users of railway
service on the other"
AS to reorganization, he said, II do
not believe that anything is contem-