Evening star., 1937-03-29

"the President thought this was not
right and ! believe the fair-thinking
people Of America agree that 1t is
not right"
Mcclellan listed . dozen excuses"
he said Hughes gave for dismissing the
81 per cent.
He characterized it as remarkable"
that Hughes said the litigants in
these cases had no interest which the
court should consider"
Denouncing again and again what
he said was Hughes failure to dis
close the courts procedure, Nickel
lar at one point said:
Why this secrecy IN 4 court Of
justice? Why cannot the facts be
given7 Why cannot the method Of
dealing with dismissed certiorasi
cases be frankly impaired to the pub
lie?
Quoting Hughes As saying that
where cases had been fully heard in
lower courts and the dispute interested
no one but the litigants, they had no
right to burden the Supreme Court, p"
Mcclellan said Il think these astound-
ing statements Of the Chief Justice
will indeed be information to lawyers
and litigants throughout the Nation >
This Is the most remarkable judi
cial expression that ever well from the
lipc of any Supreme Court justice, y
the Tennesseean added, Namely, that
a litigant in his court has 40 right
to burden the court with = dispute
that interests no one but the litigant" P"
Suggests Assistant Court"
Mcclellan suggested the creation Of
An assistant court" to harmonic de-
ckions by various Federal courts. He
contended the Supreme Court WAS not
suited to the task because Of much
dssension among members OF the
court as to what the law Is and what
the Constitution means"
At one place IN his argument, Nc
Kellar said the Chief Justice had
set up 4 straw man" by attempting
to make it appear that the Presi-
dent favored the scheme Of unre-
stricted appeals"
Our Constitution provides for only
one Supreme Court" McKellar said,
and If the court is not large enough
to examine and pass upon the cases
that come to it under the severely
limited restrictions of its jurisdiction
already made by the Congress, then
we should add enough members to do
the work in q proper, fair, just and
impartial manner"
Will Broadoast Tonight.
Senator Glass, recently recovered
from lengthy illness, will broadcast
his address tonight at 10 O'Clock.
He will speak for an hour over the
Columbia Broadcasting Systems net
work and can be heard here through
Station WJSV It will be his second
major radio address, his first having
been in support Of Mr.. Roosevelt's
presidential candidacy in 1882. He
did not take part in last years ma
tional campaign.
Senator Robinson, an advocate OF
the Roosevelt bill, will deliver q As
minute radio address tomorrow night.
Whether it will be a direct reply to
Glass speech was not disclosed.
Opposition testimony before the
Senate Judiciary Committee also re-
sumes tomorrow Foes of the bill
have the rest Of the week to present
witnesses, while next week will be
devoted to rebuttal witnesses.
Administration leaders said they ex-
pected to offer very little rebuttal
testimony in an effort to end the
hearings by April 10. Chairman
Ashurst said, however, that any citizen
wishing to be heard would have an
opportunity.
Ashurst and Senator La Toilette,
Progressive, of Wisconsin, predicted
passage Of the Presidents bill to in
crease the size Of the Supreme Court
unless justices over 10 retire.
The Executive Council Of the
Junior Bar Association opposed the
Presidents bill in q statement last
night, declaring it would set pre-.
cedent for eventual destruction o,
the independence Of the judiciary.
The associations 1900 members, II
said, voted 4-to-1 against the bill.
The Utility Consumers Nationa
Policy Committee, on the other hand
said the majority of the Supreme
Court has made it impossible to have
effective and economical regulation
Of private utility companies"