Evening star., 1937-03-09
Member Of the Associated Press.
Cracking Down.


new yardstick is about to be adopted
to measure the fidelity of Democrats.
That yardstick is the support given to
President Roosevelt in his effort to re-
make the Supreme Court of the United
States. What will happen to Democratic
Senators and Democratic members of
the House who fail to measure up has
not yet been fully disclosed. The chair
man of the Democratic National Com
mittee, however, that dispenser of DEM
ocratic patronage, is speaking today at
Chapel Hill, North Carolina, in support
of the Presidents court bill. 1t happens
that North Carolina possesses a recall
citrant Democratic Senator on the sub
ject of the Supreme Court, one who be-
lieves in the independence of that tri-
bunal from executive or legislative at
tack, Senator Josiah W. Bailey. Senator
Bailey was reelected for six-year term
last November. He seems, therefore, rea-
sonably safe from any reprisals that
might be made in an early party primary.
How he will fare henceforth in the mat
ter of patronage" is another matter.
Cracking down on Democrats who do
not see eye to eye with the President
is not entirely new. 1t has happened in
the past. In view of the very consider
able number of Democrats in the present
Congress who do not propose to abandon
their own ideas of the independent posi-
ton which the judiciary should main
tain, the administration may be under
taking very considerable job. That
is, if the administration endeavors to
drive these Democrats into line.
The President himself, in his victory
dinner speech last week, called upon all
Democrats to rally in support of the
court bill. His Postmaster General, Mr..
Farley, is on the stump today, urging
the same thing. Secretary of the In
terror Harold Ickes is to speak later
in North Carolina, presumably with the
full acquiescence of the administration,
on the subject Of the Supreme Court, If
reports be accurate. Mr.. IckeS' appear
ance will be at delayed victory dinner,
q substitute for that which was held in
Raleigh last Friday. At the first dinner
Senator Tydings of Maryland, another of
the Senate "recalcitrants," was the guest
speaker, at the particular suggestion and
invitation of Senator Bailey. The
speech which Tydings made was old
fashioned democracy, with special plea
that the country continue it's traditional
policy of three independent branches of
government. especially an independent
judicial branch. 1t irritated the admin
istration. 1t certainly sounded note
quite different from that sounded by
the President in Washington.
Senator Tydings is up for reelection
In Maryland next year. So are twenty
six other Democratic Senators, and some
of them, like Tydings and Bailey, are
In open and vehement disagreement with
the President on the Supreme Court
issue. What is to be the attitude of the
administration, of the party organiza-
ton, toward them when the dates of the
primaries roll around?
The Supreme Court issue is funda-
mental. 1t rises entirely above party
politics, although administration sup
porters apparently think differently. If
they have their way, all Democrats must
toe the line, or else! This may be the
part of wisdom, from the Democratic
point of view, or it may not. 1t raises
a question, at least, to which the Roose-
welt high command might give study.
The country today is witnessing an
unusual campaign, campaign OF great
magnitude, staged by supporters of the
Presidents plan to remake the Supreme
Court so as to obtain decisions favorable
to legislation which the New Dealers
desire. The real aim of the President
has been frankly stated by him. There
Is no longer any pretense that it is the
age of justices of the Supreme Court or
that the work Of the court is behind
that makes the proposed legislation nec-
'essary. There is but one major purpose
to obtain decisions that satisfy the
administration. This may or it may not
be q worthy purpose. If it is attained,
any semblance of independence on the
part of the judiciary vanishes. There
will be nothing to prevent, no moral
scruple against future additions to the
court, If the Executive and Congress
find that even the new court fails them.