Evening star., 1937-05-08

II " e . cIlCldlly
different from what 1t has been during
the past IL weeks. During that whole
period many Democratic Senators
have told the President it would be
dangerous for him to insist, and have
recommended various compromises.
All that has happened has been merely
confirmation of what the Democratic
Senators told him. The danger Of his
losing his measure has now become
apparent to all
Whether the President has the kind
Of temperament that compromises
when faced by danger. or whether he
is one who insists on showdown,
will shortly be seen. He may conclude
that even II compromise must be, the
time for it is not yet. Probably the
best judgment is that the President
will not retreat and that in due course
there will be showdown, a roll call
in the Senate on the court measure
in its original form.
As respects the Senate committee,
the measure in its original form is
lost. There are 18 members Of the
committee. Ten are opposed to the
measure as 1t stands. Several have
alternatives which they propose.
Others are against it, against all Of
1t and against any variation of it.
With 10 out of 18 opposed, it is
obvious the measure cannot get a
favorable report from the committee
This. however, makes no material diff
ference The eight who. favor the
measure, or less if they are less. can
send the bill to the Senate with q
minority report.
OF the eight who favor the measure
the most outspoken is the chairman,
He says he insists on "a clean-cut VIC
tory or a clean-cut defeat: I don't
want two justices or three or five,
want six justices" BY clean-cut
decision, Senator Ashurst means de-
cision in the Senate as whole. Sen
ator Ashursts position alone. unless he
changes it by request from the Presi-
dent, would seem to assure the Presi-
dents measure going on the Senate
floor and there being voted on.
In the Senate, would it be Clean
cut victory or clean-cut defeat?" In
dications point toward defeat of the
measure in the form the President
asked. Senator after Senator. among
| the Democrats who at first Endorsed
| the measure, now say they favor a
| compromise. Some eight Democrats
have put forward alternative measures
| others have indorsed one or another
| Of the alternatives. That does not
look like clean-cut victory for the
original measure
tives may give rise to an interesting
parliamentary situation. Let us say
there are half dozen small blocs
each favoring some change about the
court, but each favoring It's own
| alternative over the original and over
all other alternatives. And let us say
there is fairly large bloc who don't
want any change in the court what
ever, who will vote against the original
measure and against each and all
! alternatives. That would be some
thing like the League OF Nations fight
In the League controversy, like in
the present court fight, there were
blocs of Senators who favored the
League, but favored it only with vary
| ing reservations. The sum of those
| blocs was for long time majority
| of the Senate-a majority of the Sen
ate favored the League in one form
or another. Against them was a bloc
larger than any one of the others, who
wanted no League whatever. This
latter bloc was, in the beginning, q
comparatively small minority Of the
Senate as a whole. The group Of
Senators who in 1919 opposed any
League whatever was much smaller
than the group who today oppose any
court change whatever. But in the
end that little 1919 battalion Of
DEATH" by their personal force anc
by astute management of the parlia-
mentary situation, with the help o1
time and growing popular opposition
to the League, defeated the League
and all variations of it.
| Essential in the defeat OF the League
however, was President Wilson's un.
willingness to accept any compromise
Had he been willing to accept reser-
vations proposed by Senators faithful
to him, he could have won. But he
rejected all notifications. As the
fight in the Senate began to &C
against him, he looked forward te
| the then approaching presidential,
election of 1920 That election, Will
son said, should be "a great and SOL
emn referendum" ON the League. In
that 1920 election the Democratic can
didate, ex-Gov. James M. Cox Of
| Ohio, running on . platform Of whole