davidaulloa/AmericanStories huggingface dataset:
Evening star., 1937-03-22

pealS and State courts where the QueS-
tiOn is one Of State law. or for the pur-
pose of determining constitutional
questions or settling the Interpretation
of statutes; or because Of the import
anCe of the questions Of law that are
involved Review by the Supreme
Court is thus in the interest OF the law,
its appropriate exposition and enforce
ment. not in the mere interest Of the
litigantS.
It is obvious that if appeal as mat
ter Of right is restricted to certain de-
scribed cases. the question whether re-
view should be allowed in other cases
must necessarily be confded to some
tribunal for determination. and, OF
course, with respect to review by the
Supreme Court, that court should de-
eide
Rule Is Quoted.
s. Granting certiorari is not mat
ter of favor, but of sound judicial dis
cretion. 1t is not the Importance of
the parties or the amount of money
involved that is in any sense control
ling. The action of the court is gov
erned by its rules. from which l quote
the following CRule 38, par 81:
IS. review on writ OF certiOrarl
is not a matter of right, but of sound
judicial discretion, and will be granted
only where there are special and i'm
portant reasons therefore. The follow
ing. while neither controlling nor fully
measuring the courts discretion, in
dicate the character Of reasons which
will be considered:
(a) Where a State court has de-
cided a Federal question of substance
not heretofore determined by this
court. or has decided it in way
probably not in accord with applicable
decisions of this court.
Cb) Where a Circuit Court of Ap-
peals has rendered a decision in con-
f1ict with the decision of another
Circuit Court of Appeals on the same
matter; or has decided an important
question of local law in way prob
ably in conflict with applicable local
decisions; or has decided an important
question of general law in way
probably untenable or in conflict with
the weight of authority; or has de-
cided an important question of Federal
law which has not been, but should
be, settled by this court; or has decided
a Federal question in way probably
in conflict with applicable decisions
of this court: or has so far departed
from the accepted and usual course
of judicial proceedings, or so far sane
toned such departure by lower
court, as to call for an exercise OF
this courts power of supervision.
Co Where the United States Court
of Appeals for the District of Columbia
has decided a question of general
Importance, or a question of substance
relating to the construction or applica-
ton of the Constitution, or a treaty or
statute, of the United States, which
has not been, but should be. settled
by this court; or where that court has
not given proper effect to an applicabl
decision of this court.
These rules are impartially applied
Evening star., 1937-03-22

Further Statistics Available.
Further statistics for these terms
and those for earlier terms are avail
able if you desire them.
During the present term We have
thus far disposed Of 666 cases which
include petitions for certiorari and
cases which have been argued on the
merits and already decided.
3. The statute relating to our ap-
pellate jurisdiction is the act Of Feb
ruary 13. 1925; 43 Stat. 936 That
act limits to certain cases the appeals
which come to the Supreme Court as
a matter of right. Review in other
cases is made to depend upon the
allowance by the Supreme Court of
a writ of certiorari.
Where the appeal purports to lie as
matter of right the rules Of the
Supreme Court (rule 12) require the
appellant to submit jurisdictional
statement showing that the case falls
within that class of appeals and that
a substantial question is involved. We
examine that statement and the sup
porting and opposing briefs and de-
eide whether the court has jurisdc
ton AS a result, many frivolous ap-
peals are forthwith dismissed and the
way is open for appeals which disclose
substantial questions.
Act Limiting Appeals.
4. The act of 1925, limiting appeals
as matter of right and enlarging
the provisions for review only through
Certiorari was most carefully conSid-
cred by Congress. 1 call attention to
the reports of the Judiciary Commit
tees of the Senate and House of
Representatives. SiXty-eighth Con-
greSs First Session. That legislation
was deemed to be essential to enable
the Supreme Court to perform its
proper function. No single court of
last resort whatever the number of
judges, could dispose of all the cases
which arise in this vast country and
which litigants would seek to bring up
if the right of appeal were un-
restricted Hosts of litigantS will take
appeals so long as there is tribunal
accessible. In protraCted litigation,
the advantage is with those who COM
mand long purse. Unmeritorious
appeals cause intolerable delays, Such
appeals clog the calendar and get in
the way Of those that have merit.
Under our Federal system, when lit
igants have had their cases heard in
the court of first instance and the
trier of the facts, jury or judge, as the
case may require, has spoken and the
case on the facts and law has been
decided, and when the dissatisfied
party has been accorded an appeal to
the Circuit Court of Appeals, the liti-
gants so far as mere private interests
are concerned have had their day in
court. If further review is to be had
by the Supreme Court it must be be-
cause of the public interest in the
questions involved. That review, for
example, should be for the purpose OF
resolving conflicts in judicial decisions
between different circuit courts Of ap-
peals or between circuit court Of ap-
Evening star., 1937-03-22
HOFFMAN REPLIES
TO DR.. TOWNSEND
He Can Go to Jail if He In
sISts, Says Repre-
sentative.

IF he insists on going to Jail, then
let him 60 Representative Hoffman,
Republican, OF Michigan, said today
IN reply TO a sharply worded statement
from DR.. Francis E. Townsend, old
age pension sponsor, in which he re-
iected a proposal to suspend his con-
tempt sentence.
Hoffman last week introduced a res
olutton proposing Suspension of A
court-imposed 3O-day sentence and a
500 fine for contempt of the House
because nothing would be accom-
pnshed by Dr.. Townsend going to
1aIl"
Through the Washington Office Of
his pension bureau, Dr.. Townsend,
who Is now in Chicago, had this to
say about Hotfmans proposal:
Unless you pack the Supreme
Court more efTectualIy than you
packed Vour committee, I am privi-
legged to doubt that the court Will
agree that l am IN contempt and de-
serving of Jail sentence because I
stood for my rights as an American
citizen
There are SIX men who served on
that committee who would not only
give me- my freedom-they would al
most GIVE me their togaS-at least
their SAwtS-lt 7 would Just pipe down
end let the entire matter drop. This
l do no, propose to do. I have been
convicted OF CRIME. I intend to be
ehsOlved OF that crime or take the
consequences.
7 propose to know definitely
whether OF not It Is legal tor a COM
mlttee Of Congressman to uSurp the
powers of the Administrative branch
a the Government and OF the courts
whether they can act as aCcuser, pros
eCut0r, Judge and Jury and get away
with It, when their function Is to
obtain information relative tn leglsla-
ton.
Ii they can the freedom Of the m
tlNdua Of which We Amercans have
been so boaStful has entirely dlsan-
peared. Any one can be summoned
before one Of these committees and by
adrolt and malicious questioning be
made to convict himself, can be sent
to prison for no more adequate reason
than his politics did not SUI his IN
oulsltors.
We have never questioned he right
of CONGRESS 70 appoint inl7s,l lgatug
committees. M Hoffman, uOr then
power to infIct punishment for con-
tempt on the part of a witness. But
what We do question and challenge
most emphatICsl,y is the right Of a
committee of this kind to vent its
spleen against witness and try tc
brand h,m a scoundrcl in tine eyes O.
the public through the publicity that
Is always a command.
No Mr Hoffman. you and youl
fellow committeeman are elected seyv.
ants 0f me people When You attemp
10 trade places with your masters. The
American peo0'o. YOU are gong to b,
called. You cannot gat away with it,
50 far as anv regrets about wha,
took place in the committee" Hoff.
man added, Il have none. For once
! an in agreement with the doctor
Il he wants to GO to Jail, he can"
Evening star., 1937-03-22
JUDICIARY HEARING
CROWDS S|NCREASE.
Line of Standees Forms in
Hall as Foes of Plan
Are Heard.

The firing of the opening gun in
opposition to President Roosevelt's
court reorganization plan today at
tfaCted an even greater crowd to the
hearing on the measure in the Senate
caucus room than turned out to hear
Attorney General Cummings when he
appeared as the first witnesses in sup
port of the measure.
All seats in the spacious velvet
draped room were taken when Chair
man Ashurst convened the Senate
Judiciary Committee at 1920 o'clock.
Among the spectators were number
OF Senators not on the committee, IN
Guiding Vandenberg of Michigan.
Tydlngs of Maryland, Minton of
Indiana and Murray of Montana.
Senators Norris of Nebraska and Van
Nuys of Indiana were the only COM
mlttee members absent
In frOnt-rOW seats were wives of
scores OF Senators and Representa-
tlves, eagerly awaiting the testimony
OF the liberal Senator Wheeler of
Montana, who opened the case for the
opposition. When Wheeler entered
the hearing room he gleefuny exhibit
ed letter from Chief Justice Hughes
expressing the belief it should carry
great weight with the members of the
committee
Mrs. Alice LongWOrth, who has at
tended several of the committee ses-
SlonS, was among the early arrivals.
She, as we'll as the other spectators,
listened lntently while Senator Wheeler
read the letter of the Chief Justice
into the record
For the first time since the hearings
started some two weeks ago, a long line
formed outside the door to the caucus
| room, these standees causing the Capt.
tol police some trouble IN maintaining
order when it became apparent they
( would not be able to get inside the
/ hearing room.
Evening star., 1937-03-22

ary They turned out to be liberals.
The liberals in the Senate voted for
Justice Roberts and he has urned out
TO be reaCtlonary.
Mos, Of Us go along with our
party, but when a man Is put on the
Supreme Court he takes an oath 70
protect and defend the Constitution.
and to do that ne must decide cues-
tons according to the dictates Of MS
conscience and his intelligence
In response 10 a question bv Sen
atOr Burke Democrat, Of Nebraska.
Wheeler said that under the clrcun-
stances he would BE- as strongly op-
posed to the appointment OF two new
justices as Of six. He added he
would favor an amendment empower
ing Congress after cooling PERIOD
to re-enact legislation over a Supren.
Court veto provided the bill Of rights
was exempted
Wheeler who consistently has
urged a constitutional amendment 10
give Congress power, by a tWo-thirds
vote. TO override adverse decisions OF
the Supreme Court, will be followed
tomorrow by Raymond Moley, for
merlv chief brain truster" OF the
New Deal and now editor of a weekly
magazine. He also has publicly ad-
voCated constitutional amendment,
contending the Presidents plan
strikes at the very heart of demo-
cratic government"
Opposition witnesses To follow
Wheeler and Moley include Harold
Willis Dodds president Of Princeton
University, Representative Lemke. Re-
publican Of Indiana 1886 Union
party presidential nominee. and rep
resentalIIeS Of the National Grange.
The administration expected support
of the bill in a radio address tonight
by John H Clarke. only living former
justice of the Supreme Court He
Will speak from San Diego, Calf, at
9 pm. Eastern standard tlmel over
Nationwide IN. B c. hook-up.
Former Gov James NJ. Cox Of Ohio
will introduce him
-Four Southern chief executives will
make addresses on the program Sat
urday night. They are Cows R W
LeChe of louisiana Blbb Graves Of
Alabama E. D. Rivers Of Georgia and
DIN D. Johnston Of South Carolina.
Evening star., 1937-03-22

Confined From First Page)
waited. There vas a terrific. ear
spAtting detonat!0n. The first batch
had struck. A sigh Of relief dust and
smoke on the edge Of town. Another
ceafenlrg crash.
We we're lucky this time. Sides OF
walls crumbled in the plaza we lust
had lett. The bombs burst like a
squirt Of fire from a gigantic machine
sun; many crashes. one after the other
very quickly.
! was literally thrown off the ground
Chunks Of adobe fell on me from the
topping walls. I shook myself and
got up
We all raced down the streets. our
1'Gs pumping looking back only to
see the bOmbers Clrclng back over
the village. We sped to an open hill
side and threw ourselves on the
ground again and waited.
IhlS time, fortunately, We saw the
bombers soar away Then. from the
other Slde, we saw squad ot IS gov
eminent hl-motor pursuit planes ap-
pear. Now a squad of insurgent pur-
suit ships had joined their heavier
craft.
For % minutes the sir was full of
% or so airplanes, diving, wheeling
climbing and spraying each other
with machIneGun fire,
When it was all over We walked back
to our bus. Two sections of the town
we're a shambles. Men carried the
wounded on blankets. One victim was
taken into doorway for emergency
first aid, Five minutes later he was
led out, his face blood-matted and
cut
He had lost both eyes.
Evening star., 1937-03-22

Continued From First Pagel
ask, but state that the imposing Of
vast terraces and steps and marble
piles upon swamp is not living archi-
lecture Architecture today concerns
itself with the design of space and the
use Of space in relation to people and
their needs, The day of the ''monu-
nent is over A memorial can be for
NAL beautiful and still alive and of
use by the citizens as a place of re-
rcation and delight
3, We submit that no public me-
moral of such Importance should be
awarded without a national compe-
tltIon. We do not know the CirCum-
stances surrounding the selection of
Mr. Pope John Russell Pope, New
York arChitect. He is tltular author
of MANY buildings of Importance. SO
are many other architects. We do
not--COuld not-question his ability
But We do question the right Of
whoever it was awarded the work to
him, to do so without giving an op-
pOrtunity for the architectural pro-
teSSlon to express itself through COM
petitive programs, both for what an
appropriate memorial should be and
for its execution,
we wish very much to protest
against the star chamber methods that
were used, We wish to protest against
the design so arbitrarily chosen, one
which will make the United States
seem fantastic in its architectural
backwardness to all who know what
architecture can be"
Meanwhile, Eames MacVeagh, di-
rector of exhibits in the Housing Di-
vision Of the Public Works Admins
tratlon, while paying tribute TO the
good the Fine Arts Commission has
done here, contended that members of
that body nov stand for things as
they are, and to stand still is to go
backward"
IF they expect us to continue to
Evening star., 1937-03-22
D. c. WOMAN'S RELATIVE
TEXAS BLAST VICTIM

Fear that her half brother, Daniel
Archer, had been killed in the New
London, Tex, school disaster last
Thursday was confirmed yesterday
for Miss Jean Grosche, 1892 R street.
After trying for several days to OBJ
tain information, she received a long
distance telephone call yesterday from
another brother, who had flown from
Panama to the scene of the disaster,
informing her that Archer, a science
teacher. had died IN the explosion.
Evening star., 1937-03-22

uphold them, said MacVeagh, they
must be inspired again to go forward
and to give some of our younger archi-
tectS chance to make artiCulate this
tranScendant new era of humanity
The Fine Arts Commission has IA
vored the location for the jefferson
memorial and the design executed
by Pope. DR.. Charles Moore, chair
Evening star., 1937-03-22
ADMITS KIDNAP THREAT
Court to Pass on Winchester

Court to Pass on Winchester
Woman Case Thursday.
Special Dispatch 10 The Star
WINCHESTER, Va. March 22-
Disposition is TO be made Thursday in
Federal Court at Harrisonburg Va,
OF a case in which Mrs. Roy Teets,
this city. pleaded guilty last week
to charges preferred by the Govern
ment of sending threatening letters
through the mails TO Harry Himelright.
local business man. threatening TO
kidnap his son On motion of Mrs
Teets' attorney. the court granted until
March 25 for a mental examination Of
the accused.
Evening star., 1937-03-22
ProuH,g Efficient
In Tests, Woman
Gets Fireman Job
Mother Of I3-Yem-Old
Boy Wins Ouer OPP
DOnPHtS.
Ey the Associated Pres


HIGHTSTOWN N. J.. March az
It's Mrs. Augusta Chasin, volunteer
fireman" now.
A mother Of 13-year-old boy. she
was unanimously elected a charter
member of the Jersey HOmesteads Vol
unteer Fire Company yesterday. along
with ID Of the SO-Called stronger sex
She was nominated for the vice
presidency of the organization, but
declined TO run She was content,
she said Just to be a fire fighter
New Jerseys first fireWoman.
When Mrs. Chasin first applied
two weeks ago, some Of the men folks
at the Federal ReSettlement Admins
tration village contended fire fighting
was not for a woman. that WOman'S
place was in the home But petite
Mrs. Chasin fought back and al a
recent drill handled hose alongside
a group Of stalwart men. That she
impressed her opponents was indi-
Gated by yesterdays unanimous vote,
Evening star., 1937-03-22
Lauds Brandeis and Holmes.

Hltu VINO Htlu NY pDA4l!Cd4 anu eco
nomic views.
Lauds Brandeis and Holmes
II repeat. again. was shocked when
I read the Presidents message and the
letter of the Attorney General. l
thought 1t was an attack on the men,
bers of the Supreme Court, partly be-
cause Of their age, and upon one of
the greatest Of justices Mr.. Justice
Brandels. l sat at the feet of Justice
Brandels and of that other great
liberal, the late Justice Holmes, for
years, and to say that these men we're
disqualified because of age was an in
diCtment to which l cannot agree.
Liberalism has nothing to do with
age. My late colleague, Senator Walsh
of Montana, was "A years old at the
time the President appointed him At
torney General. Senator Garter Glass
of Virginia, who was offered a place
in the cabinet in 1888, was then one
OF the elder statesmen. George Norris,
Senator Borah, Senator Hiram John
son are among the most forward
looking men of the day. 1t cannot
be said Of them that they failed to
keep abreast of the times"
Declaring I'VE first were led to be-
lieve' the Supreme Court was behind
in its work and had been obliged to
neglect hundreds of appeals, Senator
Wheeler said:
We must assume that the President
has been guided by the highest motives
Of patriotism. but it is unfortunate
that he should have been misinformed
by the Attorney General who was in
position where he should have known
the facts.
Sees Liberal Movement Hurt.
IF we pack the court in the manner
now proposed, it is going to hurt the
liberal movement. 1t will diScredit the
Democratic party. If l wanted to de-
stroy the President of the United
States, l can think of no better way
than to vote to give him six appoint
mentS to the Supreme Court"
Urging the constitutional amend
iiASl'V 90 VIC SdLlSldIIDIl means
of accomplishing the desired purposes,
/ Wheeler declared:
Il have talked with virtually all
Senators opposed to this packing of
the court and I feel safe in saying
they will submerge their own indi-
Vidual views and vote for any reason
able amendment the President will
propose"
! Wheeler also voiced a scathing de-
nunciation of some official liberals
who have been close to the President
Il suffered for my liberalism" he
said, and I didn't become a liberal
after arriving in Washington. There
are lot of official liberals around
here who have and will be deserting
the New Deal ship to 60 over to fat
jobs with the economic royalists in the
caves of Wall street. 1t has been sick
ening to me to watch some of them. y
The Montana Senator again ac-
cused the President Of expressing In
Evening star., 1937-03-22

vested in one Supreme Court and
IN such inferior courts as the Con-
gresS may from time to time Ordaln
and establish The Constitution does
not appear to authorize Two or more
Supreme Courts or two or more parts
of supreme Court functonlng IN
effect as separate courts
On account OF the shOrtneSS OF
time l have not been able to consult
with the members Of the court gem
orally with respect to the fOregolrg
statement, but l am confident that
1t is in accord with the views of the
justices l should say, however. that
l have been able TO consult with Mr
Justice Van Deyanter and MI. Justice
Brandeis. and l am at liberty to say
that the statement is approved BY
them.
l have the honor to remain re.
spectiully yours,
Signed CHARLES I. HUGHES
Chief Justice of the United States
Honorable Burton K Wheeler,
United States Senate,
Washington. D. c.
Evening star., 1937-03-22
.CANNETT CHEERED
ON COURT BATTLE
Encouraged, He Says, After
Return From Capital
Conferences.
BY the Associated Press.

ROCHESTER, N Y, March "a
Frank E. Gannett, publisher, and
chairman of the Committee to Uphold
Constitutional Government. returning
from Washington last night said ne
was much encouraged by develop
mentS in the fight against President
RooSeVelt's Supreme Court plan.
Il conferred with a number of Sen
ators, members Of Congress and agri-
cultural leaders, he said, and found
the conviction growing that the inde-
pcndenCe of the judiciary-SO essen
tlal TO the maintenance of democracy
can be preserved This fight can be
won
In the Senate, if a vote were taken
tomorrow, the results would be so close
that no one now could accurately pre-
dict the outcome.
Protests Swamp Offices.
Protests in the form of kilograms,
letters and petitions are actually
SWamping the offices of all members
of Congress. This tremendous mail Is
running Overwhelmingly in opposition
to the Presidents plan Of packing the
court One Senator who is listed rs
being with the President said he did
not see how he could vote for the plan
with his State so definitely against it.
He added that down in his heart he
was opposed to the bill, but as Dem
ocrat pressure would be put on him 10
side with the administration
Several OF the Senators said that
the administration was beginning to
turn on the heat, and was putting
INTO operation the most efficient and
most ruthless political machine We
have ever known. Not only are those
opposed TO the President being threat
ened with patronage reprisals and
withdrawal Of all support. for their
districts, but propaganda agents Of
the Government are getting busy. In
every county in the farming States
the Department of Agriculture has
several persons paid by the Govern
ment as county agents. soil COnSerVa-
ton employees or home economics
demonstrators who are actively work
ing for the administration plan.
Primary support Urged.
Because the Democratic members
Of the Senate and House vino are
leading the fight against the bill have
taken such stand so deserving of
approval, I believe they should be
supported IN every way possible by
Republicans in the primaries where
the State laws permit it, and, of
course, IN the forthcoming elections.
Evening star., 1937-03-22
CHECK.

FRANK FENTON, who played re-
Gently at one of the local theaters,
made a radio interview appearance
while in town, with Betty Hudson do
ing the questioning. The fact, with
subsequent elaboration, is set down
here with the idea that Fenton S
method might help out other persons
stampeded by microphone misery.
How did you happen to get into
dramatics?' Miss Hudson asked.
Fenton thought for a minute, pre-
clouS minute, you can be sure. At the
end of it, however he bobbed up with
the perfect answer.
How did you get into radio?" he
wanted to know, establishing as pretty
stalemate as the ether has carried
in long time.
Some pretty barbed talk is er-
changed bettceen orchestra leaders
and the customers OF the toUns
supper houses. One OF our eaUes-
dropperS reports the tolloWing
specimen pieces
Orchestra leader 'IW play you
thing nolO you'Ue neUer heard"
Customer: Play anything at oil
and the 1Udy you play it ,ciN make
it unacceptable to me-"