Evening star., 1937-02-14

WttLt0m II. hlng, UL1n, ana J(
myself believe that ample opportunity
should be given for careful study
It is noticeable, however, that the
committee so far has made no prep
aration for study of the measure. No
decision as to whether the bill
is to be handled by subcommittee
or by the full committee has been
made. No decision has been made re-
garding hearings. and who shall be
heard. Some of the members, includ-
ing Van Nuys, insist that the justices
Of the Supreme Court should be in
vited to appear before the committee
and give their advice on the bill.
On a basis of spoken viewpoints, the
Associated Press stated last night that
the Senate lineup on the bill was 80
for the plan, % against 1t and SO not
yet committed publicly.
Wheeler, La Toilette and Glass
were not the only Senators to express
themselves yesterday Senator Bailey,
Democrat, of North Carolina, who pre-
viously had denounced the proposal
spoke his mind more fully in a radio
address last night. He said the effect
of the plan was Ito notify" each OF
the six members of the court over 70
that if he remains on the bench an
his presence, because OF alleged in
flrmity Of age"
Lewis Offers Comment.
Senator Lewis, Democrat, Of Illinois,
commenting on opposition charges
that the President Is trying to pack
the court, said:
1T is forgotten that the President
does not name the Supreme Court
1t is named by the Senate. Cleveland
named three men the Senate turned
down. The Senate rejected one OF
President Hoover's nominations.
Packing the court is an impossi-
bility. The Senate would never allow
such and the President would not un-
dertake such. I can't believe he would
be so unwise."
Meanwhile. President Roosevelt
continued his efforts to win over
Democratic Senators to support Of
his measure, comforting for an hour
and a half with one group Of five.
This consisted of Senators King of
Utah. Van Nuys of Indiana, Burke
Of Nebraska, Harrison of Mississippi
and Byrnes of South Carolina.
The President set forth his position
and his reasons for urging the change
in the Supreme Court and the rest
Of his bill. The Senators also ex-
pressed their views. Three of the
group, the first three named, are
opposed to the plan, and the latter
two are expected to support the
President.
Retirements Possible.
The day also brought suggestions
from some Democratic leaders in
Congress that voluntary Supreme
Court retirements might ease the
present situation. They expressed
hope privately for early enactment Of
the bill to permit the retirement of
Supreme Court justices on full pay
at 10.
Opposed to Usurpation.
Wheelers statement assailing the
plan follows:
Il am, always have been, and will
continue to be opposed to the usurpa-
ton of legislative functions by the
courts; am, have been and will be
opposed to usurpation of legislative
and judicial functions by the execu-
tive branch of the Government.
THE usurpation Of the legislative
functions by the courts should be
stopped. But to give to the Executive
the power to control the judiciary is
not giving the law-making power back
to that branch of the Government to
which 1t rightfully belongs, but rather
is increasing the dangers inherent in
the concentration of power in any
one branch of the Government.
THE Supreme Court, in my judg-
ment, was wrong in the child labor de-
cision. 1t was wrong in the New
York minimum wage case. It has
been wrong in many other cases. But
the issue is not whether the court
in the opinion of litigants. Congress
or the Executive was wrong.
The issue is: How are we going
to prevent in the future this usurpa-
ton OF the legislative power by the
courts? Shall we attempt to coerce
them by packing the court with six
new men? If we do add six new
men to the court, does it correct the
evil? Or Is 1t merely q temporary
expedient? The trouble with the
Presidents proposal is that you can
not correct the fundamental evil by
merely adding new faces to the court.
At best the Presidents proposal Is a
mere stop-gap which establishes 4
dangerous precedent.
Cites Other Administrations.
Every labor leader, every farmer
and every progressive minded citizen
In the United States would have been
shocked and protested from the house,
tops II President Harding, President
Coolidge or President Hoover had even
intimated that they wanted to in.
crease the Supreme Court 50 as to
make it subservient to their wishes.
The progressives would have said. and
rightly so, that it was fundamentally
unsound, morally wrong, and an At.
tempt to set up a dictatorship in this
country.
"If this administration can in
crease the Supreme Court to make it
subservient to its wishes, another
Harding administration can do the
same thing.
IF the courts properly interpreted
the Constitution Of the United States
they would hold that the Congress
of the United States has the power
to regulate hours of labor and wages
Of those who are engaged In manu-
factring products which are shipped
in interstate commerce. Failure on
the part of the courts to do 80 should
impel us to ask for o constitutional
amendment and with the backing of