Evening star., 1937-02-16

gathering" And that apparently Is
what 1t turned out 10 be-
Some of the members later expressed
the opinion that administration
leaders had determined 10 let Mr.
Roosevelt's judiciary bill and the con-
troversy over it simmer for a while
As they viewed it. the administration
strategy was to allow the present flood
Of protests against tampering with
the Supreme Court spend itself Then
the President and the administration
leaders would go to work on the men,
bers of the House and Senate In an
effort to get favorable action.
Representative Celler Of New York.
who has expressed strong opposition
to the Supreme Court plan. said he
hoped the Senate would take favor
able action on the voluntary retire.
ment bill. II that bill becomes q law,
he said. several Of the justices may
retire. He said the information from
the committee year or two ago when
the retirement bill was first offered
was that Justices McReynolds and Van
Devanter had desired to retire If Con-
gress should enact the retirement law.
Meanwhile, after 10 days of of the
floor discussion OF Mr.. Roosevelt's
recommendation for enlarging the su-
preme Court the lineup in Congress
was becoming more apparent.
Representative Cox. Democrat, of
Georgia summoned House Democrats
opposed to the proposition to confer
about strategy. He was appointed
chairman OF the group last week.
After Senator Glass. Democrat, OF
Virginia. yesterday called Attorney
General Cummings arguments for
the program "evasive." Senator Min
ton. Democrat, Of Indiana said the
1885 election gave the President and
Congress q mandate to go ahead"
Minton spoke in the National Radio
Forum. arranged by The Star. in an
endeavor to present both sides Of the
court question, on which Senator
Borah gave his views two weeks ago.
Under our system of government"
the Indiana Senator said, "as it now
operates. five men on the Supreme
Court have an absolute veto power
over the legislative policy of the
peoples elected representatives.
Five men on that court exercise
more power than 435 Representatives,
96 Senators and the President, and
that in field where they have no re-
straint except that imposed by their
own consciences.
If you were given an opportunity
to do so would you put all the power
OF the Government in the hands of
five men? Would you do it where
you had nothing to do with the selec-
ton Of any Of the men? Would you
do it where you have no power to
remove them?
However. that is exactly what has
happened in this country under our
constitutional development. This ire
mendous power lies in the hands of
five men, who constitute a majority
Of the Supreme Court"
Enlargement Of the court, Minton
said. would "unpack" bench packed
now by appointees of administrations
gone and repudiated."
do you think Harding, Coolidge
or Hoover were qualified to pick
judges for the Supreme Court but
Roosevelt Is not?" he asked
Four checks, he said, would prevent
dictatorship" under the program:
Senate confirmation of judges: an
swering of the President and the Sen
ate to the people: the good behavior"
requirement for judges, and "the
honor and integrity of President
Roosevelt.
Another speech on behalf Of the
Presidents proposals was planned for
tonight at 1890 pm. over the N. B. C.
network by Senator McAdoo, Dem
ocrat, of California.
Senator Glass, an outspoken critic
OF Mr.. Roosevelt's court program,
said the country seemed more in need
Of an Attorney General than Of
more Supreme Court justices.
HIS statement was in reply to an
address Sunday night in which Cum
mings called for new blood in the
tribunal. Taking issue with the cabi-
net members assertion that Jefferson
and others had favored somewhat
similar measures, Glass said:
Il do not find that Mr.. Jefferson at
any time or anywhere favored .
wholesale or any increase in the num-
Der Of judges on the Supreme Court"
On the contrary. he added. . letter
by Jefferson in 1901 ztbitterly re-
the Federalists for multi
plying useless judges merely TO
strengthen their phalaAx.'