Evening star., 1937-04-05

criticized for granting the requests Of
the Government"
Cropley's figures, Austin said,
showed that in 81 per cent Of the
cases where the Government opposed
granting writs of certiorari, the court
denied them
The Vermont Senator cOntended
that the law governing granting Of
WritS Of certiorari was mo mystery"
"It was enacted to do just this
thing" he said.
In his testimony, Dean Sommer
said:
Surely, we cannOt-We dare not
lightly pave the way to q return of
conditions of those days when the
Federal judicial system was so drawn
into the vortex of partisan politics.
when the Federal courts were re-
garded by large proportion Of the
people to be political adjunct Of
a political party. Yet that Is what
this bill may do"
Asserting there was some justifica-
ton for charges that the Supreme
Court had distorted the Constitu-
ton by tortured construction" in some
cases, Sommer contended:
The Presidents constitutional
theory as to the powers Of Congress,
however, would if an augmented court
gave it effect, not only result in de-
parture from sound principles in ex-
ceptional cases, but would make the
departure universal"
What is proposed" he said, sis
that Congress by deliberate affirmative
action seek to effect through an
invitation having the characteristic
of spiritual coercion" the retirement
at one fell swoop of two-thirds Of the
judges now constituting the court
with the declared purpose to
bring the judgments Of the court into
harmony with a present-day sense of
the Constitution.
Suggests Amendments.
If Congress believes aged justices
should retire, Sommer asked, why
not proceed in constitutional mode to
guard at least against recurrence of
this situation by amendment limiting
the holding of judicial office by future
appointees to attainment of the age
of 10 or IS years?"
Other amendments he broached in
cluded:
Covering the essence of the pending
bill, but effecting the court changes
gradually.
Simplifying and clarifying the pro-
cedure of constitutional amendment.
Authorizing declaratory judgments
by the court, at least on some types
of legislation, on request of the Presi-
dent.
In conclusion, Sommer suggested
that Congress establish an agency
to study social and economic prob
lens confronting the country and rec
ommend remedies to be effected "un-
der the Constitution as interpreted by
the court"
Senate opponents Of the court meas
ure renewed their attacks on the
Presidents official family last night,
with Senator Holt, Democrat, of West
Virginia charging Postmaster General
Farley with "meddling" in the con-
gressional fight on the bill.
An address by the Postmaster Gen.
eral Saturday at Spring Valley, N. H..
forecasting enactment of the measure,
was the target Of Hollis broadside.
THE bold declaration of Postmaster
General Farley" he said, that we
will call the roll of Congress is dead
give-aWay to the situation on the ju-
dietary reorganization plan.
TT was stated Saturday night by
Senator Wheeler that the Department
of Justice is trying to close the hear
ings on the bill.
Has it come to the place that the
cabinet officers are to tell the Senate
when to close hearings on bill and
then have the cabinet officers call
the roll?'"
Holt recently accused Assistant At
torney General Keenan, of trying to
influence his vote with an offer to
permit him to name a new Federal
judge for West Virginia. The accusa-
ton was denied by keenan,, who said
he had merely followed the usual
custom of consulting a Senator in
whose State an appointment was to
be made.
Senator Clark, Democrat, of Mis-
souri,, warned administration officials
h .sAeasaa ~