Evening star., 1937-03-26

While there is no indication to date
that Indians are planning to 60 on
the warpath over the matter, the
Supreme Court packing" issue has
been dumped squarely into the laps OF
the redskins by John Collier, Indian
commissioner, it was learned today.
That is to say, the Great White
Fathers side of the court question has
been presented simply and forcefully
to the Governments aboriginal wards.
If the Indians have read Chief JUS
tice Hughes letter to the Senate Ju-
dietary Committee, however, they must
be little confused. The two versions
OF the problem do not agree at all.
Chief Collier would have the Indians
believe that certiorari petitions "often
are disposed Of by single judge" and
that research work leading to such
decision Frequently is delegated to
secretaries" That is the common
belief" he asserts, and necessarily is
correct belief this follows from mere
ly statistical consideration of the num-
Der of petitions disposed OF each year"
Chief Justice Hughes, on the other
hand told the Senate Committee that
certiorari petitions are passed on by
all nine judges, and if even so few as
four-and sometimes three or two
so desire, the petition is granted.
Defense Printed in Magazine.
Collier makes a vigorous defense Of
the Presidents court-scalping foray in
signed editorial in his news magazine
Indians at Work. published by the
Office Of Indian Affairs 'for Indians
and the Indian service"
us the debate over the Supreme
Court q proper subject matter for an
editorial in Indians at Work." Collier
asks. and promptly replies: Decidedly,
yes II Indians are reminded of their
own peculiar Indebtedness to depend
ency on the Supreme Court But in
addition, Indians are wholly concerned
with the preservation and the increase
of efficient. productive democracy in
the United States.
mo debate reaching, as the court
debate does, to the heart of the hu-
man and social problems Of our coun-
try, can be outside the discussions and
concern of the Indians-the most re-
Gently enfranchised of our citizens,
and the individuals OF the whole
country most dependent upon the
Federal institution"
In his editorial pow-wow with the
Indians, Collier says that "all of those
crying to high heaven against the
Presidents proposal admit that some
of the reforms he is advocating are
necessary"
A Legislative analogy" he declares,
was the Interior Secretary's effort to
obtain from Congress power to SIM
plify the legal status of allotted In
dian lands. The effort failed, he points
out, because Of elimination of clause
from the Wheeler Howard bill intro
duced in 1894.
Hopes for Different Result.
"The debate over the Presidents s
court proposals." the editorial states,
is taking a course not unlike the de-
bate over the Wheeler Howard act in
ANU no ~ oy V4AoI Vic SouAoC VI
legislation will not be the same"
Great White Father Roosevelt's de-
mand for enlargement of the Supreme
Court, Collier explains, is so con-
servative, actually" that it was PRO
posed "a years ago by none other than
that member of the present Supreme
Court who is ranked with the ultra
olds."
If designations and deaths of justices
happen not to come" he says. then
the President and Congress may find
themselves confronted by court
packed by some earlier President
whose political philosophy may have
been the opposite Of the prevailing
philosophy"
Stressng that about 300 petitions