Evening star., 1937-04-03
COURT PLAN FOES
NEED UNTIL 17TH
Senate Committee, Recess
ing to Monday, Plans
for Long Siege.

Members of the Senate Judiciary
Committee, which has recessed ltS
hearings on President Roosevelts
court bill until Monday. were pre-
pared for a long siege OF testimony
today as opponents of the measure an
nounced they would not finish the
present stage of their case before
April IT.
After that, the proponents will go
on" said Senator Burke, Democrat, OF
Nebraska, a leader OF the opposition,
land when they are through we will
resume I can't say how much time
we will need at that stage
Some of the administration Sena-
tors, however, were becoming restive
after four weeks of testimony.
Senator McGill, Democrat, of Kan
sas. one of the members still uncom-
mitted, said he believed the testimony
should be brought to quick close.
Chairman Ashurst still was pursuing
his policy of delay, hesitation and
postponement," arguing that the
longer the hearings lasted the better
the bills chances.
Any attempt to curtail the hear
ings will be resisted by some Of the
leading opponents of the bill.
Dean Sommers to Testify.
Dean Frank H. Sommers Of New
York University Law School will carry
on the opposition cause Monday, fol-
t,,y orricn Willard
editor emeritus of the magazine Ma
ton.
Shift of Senate interest to the de-
bate over declaring against sit-down
strikes as public policy accounted
for some OF the suggestions for limit
ing the testimony.
When yesterdays committee session
closed only three of the l8 members
were present
They heard John A. McSparran,
one-time Democratic candidate for
Governor of Pennsylvania, declare the
bills purpose was the continuance of
the practice Of paying out Government
checks so that the party in power may
continue to have the subsidized back
ing Of the Nation"
William B. MacDowell, Detroit at
torney, said the Roosevelt bill would
ieopardize the independence OF the
courts. Walter F. Dodd, Chicago
lawyer, and Canon Arson Phelps
Stokes of the Washington Cathedral
had expressed a similar view earlier
In the day.
Threat to Democracy"
Canon Stokes characterized the
Roosevelt bill as "a serious threat to
democracy, both because of its po-
litical disadvantages-to which too
little attention has been given-and Of
Its political implications, which are
generally recognized as momentous. !"
Noting that the bill calls for the
possible appointment OF six new
justices, he asserted:
Nothing approaching such a large
increase in membership has happened
since the foundation Of the court, and
1t seems highly inadvisable to pro-
vide the possibility Of having 40 per
cent OF the members Of such body
added in a few months.
The trainers OF the Constitution
had this general principle of prevent
Ing sudden waves of public opinion
carrying too much weight by the
provision that only one-third Of the
Senate should be subject to election
every two years"
He proposed, instead of the BILL a
constitutional amendment requiring
Federal judges to retire at IS. In
addition he was favorably disposed to-
ward an amendment requiring that
two-thirds Of the court concur, if an
act OF Congress is to be invalidated.
He expressed the opinion that
making an issue of little-studied
plan sprung by the administration
for meeting what it believes to be an
emergency has done more than any
recent decision Of the Supreme Court
10 encourage a lack of confidence in
our courts in the public mind"