Evening star., 1937-05-06
HUGHES DECLARES
COURTS BASIS OF
TRUE DEMOCRACY
Address to Law Institute
Interpreted as Attack
on Roosevelt Plan.
COMPETENT JUDICIARY
HELD PUBLIC SAFEGUARD
Says Society Must Choose Between
Processes of Reason as
Opposed to Force
BACKGROUND

BACKGROUND
The American La1U Institute,
uniting the Nations leading bar
risters and juriStS, 1uaS created to
carry on the task OF reStating the
ldD from time to time in the light
OF current and recent judicial deci-
sions. In Supreme Court contro-
Dersy, Chief Justice Hughes only
pronouncen1ent until noU WaS a
letter on March % to Senator
Wheeler OF Montana asserting the
tribunal 1Dds 1Uell abreast OF its
,Dork and operating efficiently un-
der the present Set-up Mr., Hughes
Uas the institutes president 1rhen
he Vas named Chief Justice.
Although not mentioning President
Roosevelt's court bill by name, Chief
Justice Hughes today told the Amer
lean Law Institute that competent
and independent judiciary is essen
tial to the success of democratic in
stitutions.
The remarks of the Chief Justice,
despite their general nature, were in
terpreted by many aS attacking the
wisdom of Mr.. Roosevelt's proposal to
add maximum of six new justices to
the Supreme Court unless present
members over 70 retire
The address marked the first time
since the Presidents plan was an
nounced that Mr.. Hughes has publicly
commented on the proper place of the
Supreme Court in our scheme of gov
ernment. In his recent letter to Sen
ator Wheeler. Democrat. of Montana,
which was read during hearings on
the court bill he denied the justices
were behind in their work or unable
to give adequate time to appeals, but
expressly refrained from discussing
matters OF policy pertaining to the
court.
Address Well Received.
When the Chief Justice concluded
his speech he was given a great ova-
ton by his audience. more than 1000
strong, including many leaders of the
American bar. Twice the audience
rose to applaud.
The Law Institute is holding its
annual meeting in the Mayhover
Hotel.
The success of democratic institu-
tions," the Chief Justice said, Lies
in the success of the processes of
reason as opposed to the tyranny of
force. Between these society must
choose.
IF society chooses the processes of
reason it must maintain the institu-
tions which embody these processes.
Institutions for the exercise of the
law-making power and for the exc
cution of laws must have their fitting
complement in institutions for the
Interpretation and application of laws,
for the safeguarding of individual
rights, through competent and in
dependent judiciary. The firm and
true administration of justice is thus
the primaLy concern of civilized So
ciety.'
Presidential Fight Hinted.
Even while the Chief Justice was
speaking, admir- istration leaders we're
limiting that President Roosevelt in
tends to swing aggressively into the
fight over his court bill as soon as
he returns to the Capital May 13.
During his absence a majority of
the Senate Judiciary Committee has
come out definitely in opposition to his
program for the Supreme Court, and
there developed q real question as to
whether majority of the Senate
Itself can be mustered in favor of his
proposal.
Whittier the President will agree to
a compromise is agitating many of
the Senators-some of them his strong
supporters. Up to the present there
has been no indication whatever that
the President will yield. However, he
(See HUGHES, Page A-8)