Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-05-09
BY MARK SULLIVAN,

oen6ue COKIlmlItee on Judiciary
will vote upon the Presidents
L court proposal. A Majority Of the
committee is opposed to the proposal
in the form In which the President
sent 1t to the Senate. Some are
against the proposal in any form
whatever. Some favor q variation OF
the Presidents proposal-for example,
two new justices, instead of six. But
there are in the committee minority
who support the proposal in the form
in which the President put it. These
Senators, presumably, will bring in
minority report. That is, the Presi-
dents proposal in its original form will
be before the Senate-but only as
minority report from the Senate COM
mittee. This will take away some
prestige from the measure and from
the Presidents whole position.
With the Presidents measure before
the Senate, there will ensue a debate
which Will command the best talent
the Senate possesses. This talent is
more elevated than Is commonly sup
posed.
There is no reason to say that the
Senate today Is inferior to past Sen
ates. The late Senator Thomas J..
Walsh OF Montana, who knew Amer
lean history we'll, said that Senator
Borah. at his best. is fully equal to
Daniel Webster. And the radio speech
that Senator Glass Of Virginia made
about the court measure a few weeks
ago contained passages which could
stand comparison with Webster's re-
ply to Hayne on the issue OF secession,
which McGuffey Readers made IA
mlllar to generations OF American
school boys. Anyhow, whatever the
present Senate's talent may be, the
Presidents court measure is an issue
elevated enough to bring it out.
will Enlighten Country.
The debate in the Senate, and the
final roll call, will enHghten the coun-
try on sereval matters. We shall dis
cover, among other things, how many
Democratic Senators are willing to
subordinate conscience to party dis
clpline. There are observers who say
that out Of the rs Democratic Sen
ators, there are not over IS, If that,
who in their hearts believe in the
Presidents proposal in the form in
which he made it, or who would vote
for the measure II they were free
from White House pressure and the
sense Of party discipline.
And it Is possible we may discover
something about the private views,
and the private code, of one who is
more elevated than Senator, name
ly, Vice President Garner. Ordinarily
Ike, As presiding officer OF the Senate
Is not called on to vote, or to reveal
| his position. But suppose that on
the crucial roll call the Senate is d.
vided exactly evenly, 40 for, 48 against
In that case the deciding vote would
lie with Vice President Garner. How
would he cast it? Nearly everybody
would assume that Mr.. Garner in his
private conviction is probably appalled,
by the court proposal. But as the Sec
ond ranking Democrat in the Nation
II he had the deciding responsibility
how would he vote? Probably the
answer is he would prevent himself
from being put in that position. Prob
ably, If the vote were going to be ex-
| actly even, he would foresee it and
| would go to the President and per-
suade him to accept compromise o,
| let the proposal die
Attitude Of Republicans.
OF all the matters about which w
shall shortly learn. one Of the mos,
vital is the attitude Of the Repub.
ncan party. Not merely its attitude
on the Presidents court proposal
IS to that We know the Republican.
are opposed. And not merely the at.
titude of the Is Republicans who
are in the Senate-they, we know
are all opposed. But just how fal
is the Republican party willing Il
go in order to defeat proposal which
in effect, would make the Supreme
Court subservient to the President,
For that exalted purpose, are tn,
Republicans willing to go to what
ever extent may be called for, ever
If it requires a certain degree OF sac,
rifice Of party identity? That tn,
Republicans should cooperate for
mally with that wing of the Demo
cratic party which opposes the Pres
dents measure is recommended il
many quarters. One suggestion goe
so far as to propose a new party
to be made Of Republicans and anti
New Deal Democrats, and to be known
as the Constitution" party. Ger
tainly the Republicans are in a posi-
ton that suggests the desirability O
novel and extraordinary steps.
Here. is the Presidents propose
that he be given the privilege o
naming six new justices of the Su
prene Court-a proposal described
commonly and correctly, as the out
standing issue Of the time. And her
is the Republican party. The ques
ton is, how can the Republican
party best help defeat that proposal
I say help defeat it'-for the Re
publicans can only help; they can
not, as party, defeat it. There ar
too few Of them. In the Senate Their
are only 16 out of 96; in the Hous
only 48 out Of 1875.
| 48 or ~ Votes Required.
| To defeat the Presidents cour
measure either 48 or 40 votes are re
quired-depending on whether an
how Vice President Garner votes. As
sumo the number needed Is 40. O
these the Republicans can provid
only Is. The Democrats would meet
to provide 80. That is, to defea
the Presidents proposal, the Demo
Gratis must provide two votes for ever,
one the Republicans can furnish AM
one more. Clearly, in any defeat o
the Presidents proposal, If that i
to be the outcome, the Republican
can play only a minor part.
As 1t happens, literally every Re
publican Senator Is against the pro
posal. All the regular Republican
are against 1t; all the irregular ant
frequently uncertain Republicans ar
against 1t. Senator Borah is agains
it. Senators Frazier and Nye o
| North Dakota are AGAINST il SenatO