Evening star., 1937-02-03

Every day brings fresh evidence that
the battle of the century-the struggle
over the Supreme Courts just around
the corner. In fact, the bugles have
already sounded the call to arms. Sena-
tor Borah's brilliant defense of the court,
featured by the demand that there be
no tampering with constitutional powers
except by popular mandate, fires gun
likely to lead to general bombardment
on both sides of the fray. Except for
veiled references in recent public utter
ances, Mr.. Roosevelt has not yet taken
the field. Various congressional actlVl-
ties and developments anent the court
are widely believed to have White House
approval. though they may not be OF
presidential inspiration. Before making
major moves of his own. F. D. RS ap-
parent strategy is to let public senti-
ment crystalline in favor of ways and
means. legislative or otherwise, to as
sure an enlightened" judicial attitude
toward the more abundant life.
Borah's demand for independence OF
the Supreme Court and integrity OF the
Constitution is proverbial. 1t is one of
the cardinal tenets of his political creed.
There never was any doubt that at the
right moment the Idahoan would take
up the cudgels vigorously for those twin
ideals. His recent broadcast signals
that his sleeves are rolled up and that
he's ready to join that other rugged
defender of the faith, Senator Carter
Glass. in a fight to the finish for con-
stitutional traditions. Capitol Hills
stage is set for combat bound to leave
an indelible mark on American history
and political alignments.
Attorney General Cummings evidently
doesn't share the views of his antitrust
aide, Assistant Attorney General Jack
son, regarding the role Of judges and
lawyers in these times. In an address
at New York the other day, obviously
with current events in mind Mr.. Jack
son reminded the country that there's
nothing in the Constitution requiring
Supreme Court justices to be lawyers. In
his recent book, Federal Justice" At
torney General Cummings observes:
"' A government of laws and de-
veloping Federal administration are con-
for Sound legal opinion. Interpretation
of the laws for purposes of public ad-
ministration must be placed somewhere,
and $50 years of law and practice have
confirmed the view that it belongs with
separate officers, in the words OF the
still operative judiciary act OF 1789,
learned in the law"
X
It looks as II the State Department
might soon be up against the delicate
proposition of deciding whether Leon
Trotzky should be temporarily admitted
to the United States. where he was once
briefly domiciled. The American Com
mittee for the Defense of Trotzky," con-
sisting of nationally known liberals, Is
considering the possibility OF bringing
a libel suit in New York against certain
Communist publications and leaders in
this country who have been denouncing
Trotzky as an assassin" and agent OF
Hitler" Max Shachtman, described as
the American editor of Trotzky's works,
has Just returned from a visit to the
famous exile in Mexico City. He says
Trotzky Is eager for an impartial in
vestigation of the Moscow trials, and IS
ready to appear In person at such an
inquiry with a devastating mass OF
documentary evidence. Mr.. Shachtman
indicates that libel action, which would
afford Trotzky the desired forum, will
be brought If Washingtons permission
can be obtained to let Stains ARCH
foe enter the country in order to testify.
-
Ambassador Hinghau, who has dashed