The Waterbury Democrat., 1937-03-12

the courthouse" and if released they won't be let of as easily as was even the banker during the de- precision" ,
 4. Respect for the supreme court and the whole judicial system is imperilled by belief they are ob- structing solution of social and eco- homie problems.
 Not Constitution
 "The people have been taught to believe that when the supreme court speaks, 1t is not the justices who speak but the constitution, whereas of course, in most of our vital con- stitutional cases 1t is the individual Justices who speak and not the constitution.
 '"rhe danger of building 6 legal system upon c myth of impersonal infaliibility Is that when the myth crumbles in disillusion, the whole legal system may be irreparably ir- jured."
 Devaney, . short, baldish man, testified in @ soft unimpassioned voice. He recently resigned as chief justice of the Minnesota supreme court to become head of the new Lawyers Guild.
 His argument was the third by an administration witness this week in support of the drive for passage of the presidents program.
 Attorney General Homer s. Cum- rlings and his assistant, Robert H. Jackson, argued the necessity for the plan and for congress assuming responsibility for keeping the court "in step with modern conditions"
 Opponents Start Monday
 Opponents of the plan start their testimony next Monday.
 T believe that we shall come out of the present controversy with more respect for the courts in the end if we encourage the frankest and most open criticism of them now" Devaney said.
 In rejecting suggestions for solv- ing the present crisis by constitu- tional amendment, he argued that the presidents proposal is the only immediately available method to make possible progressive legisla- ton now imperatively needed"
 "The American people," he said, "look to congress to exercise the legislative rights when given them under the constitution and do not expect the congress silently to &C., quiesce, so far as, the future is con- cerned, in erroneous interpretations placed upon the constitution by Q majority of the supreme court.
 "As one who has been judge l am not sure that such an amend- ment would work as Q human pro- position even if 1t could be worked give the balance of power on c out as Q lowival proposition. To court to conspicuous minority runs against the grain of all the tradi- tions of our judiciary.
 Favors Proposal
 "One more consideration favors the presidents proposal. It is Q practical not a legal considerable but most weighty for those who sine cerely wish to protect that public respect for the courts and for our legal system so essential to the functioning of our democracy"
 Under the statutory proposal of the president. the present contro- versy over the courts will be finish ed and done with as soon as the statute is passed and the new jus- tices confirmed. There will be no long drawn fight beyond the period of this congress.
 But unless an amendment could be rushed through the states within Q similar period something which no one can assure-the struggle in the state legislatures or conventions will stretch on for at least one year, and f the presidents political judg- ment Is correct for many years.